M.Ramprakash v. The State Registrar
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 10-06-2021
CORAM
THE HONOURABLE MR. JUSTICE S.M.SUBRAMANIAM WP No.19830 of 2020 M.Ramprakash ...
Petitioner vs.
1.The State Registrar, State Co-Operative Societies, Kilpauk, Chennai-600 010.
2.The Joint Registrar, O/o.Joint Registrar Cooperative Society, Salem-636 001.
3.The Deputy Registrar, O/o.Deputy Registrar Cooperative Society, Omannallur, Salem-636 455.
4.The Special Officer, S.167 Primary Agricultural Cooperative Credit Societies Limited (PACS), Mallikundam, Mecheri Via Mettur Taluk, Salem-636 453.
...
Respondents Writ Petition is filed under Article 226 of the Constitution of India, praying for the issuance of a Writ of Mandamus, directing the fourth respondent to release the remaining loan amount of Rs.5,60,000/- as 2nd instalment immediately.
For Petitioner : Ms.Rita Chandrasekar for Ms.R.Meenakshi For Respondents-1 to 3: Dr.S.Suriya, Government Advocate.
For Respondent-4 : Mr.L.P.Shanmugasundaram
O R D E R
The relief sought for in the present writ petition is to direct the fourth respondent to release the remaining loan amount of Rs.5,60,000/- as second instalment immediately.
2. The petitioner admittedly applied for the loan before the fourth respondent-Cooperative Society for Rs.10 lakhs. The petitioner mortgaged his property and executed a Mortgage Deed on 14.08.2020 before the Sub-Registrar Office at Mecheri vide Document No.2276/2020. A sum of Rs.4,40,000/- was released by the fourth respondent-Cooperative Society to the petitioner on 26.08.2020.
Thereafter, the petitioner submitted a representation with a request to release the balance loan amount, which was not considered and therefore, the petitioner is constrained to move the present writ petition.
3. The fourth respondent is a Primary Agricultural Cooperative Credit Societies Limited, which is a Society registered under the provisions of the Tamil Nadu Cooperative Societies Act.
4. A Cooperative Society, which is not funded by the State is not a 'State' within the meaning of Article 12 of the Constitution of India. The Cooperative Society Act is a self contained Statute, wherein mechanisms are provided for redressal of the grievances of the members of the Cooperative Society.
5. The petitioner availed the benefit of mortgage loan and a Deed of Mortgage was also admittedly executed. Therefore, the relief sought for to release the balance loan amount, cannot be adjudicated in writ proceedings under Article 226 of the Constitution of India.
6. The disputed facts are to be considered by the Competent Authority with reference to the documents and the evidences made available. Thus, the petitioner has to approach the Competent Authority under the provisions of the Tamil Nadu Cooperative Societies Act for the redressal of his remedy.
7. Contrarily, the Writ Court cannot issue a direction to release the balance loan amount in the absence of adjudication with reference to the dispute between the petitioner and the fourth respondent-Cooperative Society.
8. The fourth respondent-Cooperative Society is not a 'State' and therefore, the writ petition is not entertainable.
9. In view of the facts and circumstances, the petitioner is at liberty to approach the Competent Authority under the provisions of the Tamil Nadu Cooperative Societies Act, for the redressal of his grievances.
10. With the above observations, the writ petition stands dismissed. However, there shall be no order as to costs. Sd/- Assistant Registrar(CCC) //True Copy// Sub Assistant Registrar Svn To 1.The State Registrar, State Co-Operative Societies, Kilpauk, Chennai-600 010.
2.The Joint Registrar, O/o.Joint Registrar Cooperative Society, Salem-636 001.
3.The Deputy Registrar, O/o.Deputy Registrar Cooperative Society, Omannallur, Salem-636 455.
+1cc to M/s.R.Meenakshi, Advocate Sr.27646 +1c to the Government Pleader Sr.27660 WP No.19830 of 2020 sra[co] srg 20/07/2021