R.Rajamani v. The Joint Registrar Of Cooperative Societies
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 05.06.2025 CORAM :
THE HONOURABLE MRS.JUSTICE N.MALA Writ Petition No .19997 of 2025 R.Rajamani ... Petitioner Vs.
1.The Joint Registrar of Cooperative Societies Office of the Joint Registrar th Floor, Collectorate Complex, Palladam Road, Tiruppur District.
2.The Deputy Registrar of Cooperative Societies, Dharapuram Circle, Marketing Society Campus, Nethaji Road, Dharapuram, Tiruppur District.
3.The Administrator/Secretary K.797, Kongalnagaram Primary Agricultural Cooperative Credit Society, Kongalnagaram, Gudimangalam via, Udumalpet Taluk, Tiruppur District.
..Respondents PRAYER: Writ Petition filed under Article 226 of Constitution of India, praying for issuance of Writ of Mandamus, directing the 2nd respondent to cancel the deeds of mortgage registered as document Nos.899 of 2002 and Page No.1 of 6
2383 of 2012 respectively by executing deed of cancellation due to the waiver of loan by government by disposing of the petitioner's representation dated 20.01.2025 in the light of the loan waiver certificate issued by the respondent authority within a time as stipulated by this Court. For Petitioner : Mr.M.Sudhan For Respondents 1 & 2 : Mr.B.Tamilnidhi, AGP For Respondent 3 : Mr.V.Maanoharan,AGP
O R D E R
Seeking direction to the 2 nd respondent to dispose of the petitioner's representation dated 20.01.2025, in the light of the loan waiver certificate issued by the respondent authority, within a time as stipulated by this Court, the present writ petition is filed.
2. Mr.B.Tamilnidhi, learned Additional Government Pleader takes notice for the respondents 1 & 2 and Mr.V.Manoharan, learned Additional Government Pleader takes notice for the 3 rd respondent.
3. By consent of both the counsels, this writ petition is taken up for final disposal at the admission stage itself. Page No.2 of 6
4. The case of the petitioner is that the petitioner is a member of the 797-Kongal Nagaram Primary Agricultural Cooperative Credit Society, holding Membership No. 1156. He owns agricultural lands measuring about 3 acres and 12 cents in S.No. 474/B1 and 474/B4, situated in Kongalnagaram Village, Udumalpet Taluk, Tiruppur District, within the registration subdistrict of Komangalam. The petitioner availed a loan of Rs. 65,000/- under Loan No. 30171KCC by mortgaging the said land, which was registered as Document No. 899 of 2002. Subsequently, he borrowed a further sum of Rs.6,00,000/- under Loan No. 613 MT through a mortgage deed registered as Document No. 2383 of 2012.
5. The said loans were later waived by the Government of Tamil Nadu vide orders in G.O.Ms.No.59 dated 28.06.2016, pursuant to which the petitioner was issued loan waiver certificates vide Receipt Nos. 21101 and 21159. Based on the waiver, the petitioner submitted a representation to the respondent authorities on 21.01.2025, requesting release of the mortgage. The 1st respondent forwarded the said representation to the 2nd respondent on Page No.3 of 6
04.02.2025 in Na.Ka.No.3237/2024/V1(1), with directions to take appropriate action. However, no action has been taken by the 2 nd respondent so far. Hence, the petitioner filed the present writ petition seeking directions to release the mortgage.
6. Though many grounds have been raised in this writ petition, learned counsel for the petitioner submitted that, it would suffice if, this Court issues a direction to the 2 nd respondent, to consider the petitioner's representation dated 04.02.2025, and pass orders within a time frame as fixed by this Court.
7. In view of the above facts and considering the limited relief sought for by the learned counsel for the petitioner, without going into the merits of the case, I direct the 2 nd respondent to consider the petitioner's representation dated 04.02.2025, and pass orders on merits and in accordance with law, within a period of eight (8) weeks, from the date of receipt of a copy of this order.
Page No.4 of 6
8. With the aforesaid direction, this writ petition is disposed of. No costs.
05.06.2025 msv Index :
Yes/No Speaking Order :
Yes/No :
Yes/No To:
1.The Joint Registrar of Cooperative Societies Office of the Joint Registrar th Floor, Collectorate Complex, Palladam Road, Tiruppur District.
2.The Deputy Registrar of Cooperative Societies, Dharapuram Circle, Marketing Society Campus, Nethaji Road, Dharapuram, Tiruppur District.
3.The Administrator/Secretary K.797, Kongalnagaram Primary Agricultural Cooperative Credit Society, Kongalnagaram, Gudimangalam via, Udumalpet Taluk, Tiruppur District.
Page No.5 of 6
N.MALA,J.
msv 05.06.2025 Page No.6 of 6