M.Ramamoorthy (Cr No.70197) v. The Managing Director

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 06.08.2024

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN M.Ramamoorthy ... Petitioner -Vs1. The Managing Director, Tamil Nadu State Transport Corporation (Villupuram) Limited, Vazhuthareddy, Villupuram- 605 602.

2. The General Manager, Tamil Nadu State Transport Corporation, Vellore Zone, Vellore- 632009.

3. The Chairman, X-367.Transport Corporation Employees, Thrift And Co- Operative Society Ltd.

No.488 And 489, Annasalai, Sathguru Complex, Nandanam, Chennai-600 035.

4. A.John Basha ... Respondents Prayer : Writ Petition filed under Article 226 of Constitution of India praying for the issuance of a Writ of Mandamus, directing the third respondent to take appropriate action against fourth respondent for his defaulted loan borrowed from the third respondent society, since he has all source of income and apart from that the said loan dues could be deducted from his terminal benefits within a time frame being fixed by this Hon'ble Court.

For Petitioner : M/s T.Nithya For R1 and R2 : Mr.R.Venkatesa Perumal Standing Counsel For R3 : Mr.M.Rajendran Additional Government Pleader

ORDER

This writ petition has been filed for direction directing the third respondent to take action as against the fourth respondent to take steps to recover the loan amount borrowed by the fourth respondent in accordance with law.

2. Heard and perused the materials available on record.

3. The petitioner is working as a Conductor from 23.07.1997. The fourth respondent was working as Driver and availed loan from the third respondent to the tune of Rs.1,50,000/- in which, the petitioner stood as guarantor. Now, the fourth respondent was terminated from service without paying any loan to the third respondent. The third respondent is taking steps to recover the same from the petitioner who stood as guarantor.

4. The only request made by the petitioner is that after taking action as

against the fourth respondent, they can come to the petitioner to recover the loan which was borrowed by the fourth respondent.

5. In view of the above submission, the third respondent is directed to take appropriate action as against the fourth respondent in order to recover the loan amount and thereafter, take steps to recover the same from the petitioner who stood as guarantor.

6. With the above directions, this writ petition is disposed of. There shall be no order as to costs.

06.08.2024 Internet: Yes Index : Yes/No Speaking/Non Speaking order mn G.K.ILANTHIRAIYAN. J, mn

To

1. The Managing Director, Tamil Nadu State Transport Corporation (Villupuram) Limited, Vazhuthareddy, Villupuram- 605 602.

2. The General Manager, Tamil Nadu State Transport Corporation, Vellore Zone, Vellore- 632009.

3. The Chairman, X-367.Transport Corporation Employees, Thrift And Co- Operative Society Ltd.

No.488 And 489, Annasalai, Sathguru Complex, Nandanam, Chennai-600 035.

06.08.2024