P.A.Vaithilingam v. The Principal District Judge
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 05-02-2026
CORAM
THE HON'BLE MR JUSTICE S. M. SUBRAMANIAM AND THE HON'BLE MR.JUSTICE C.KUMARAPPAN P.A.Vaithilingam S/o. Ariputhiri, Plot No. 35, 1st Main Street, Dr. M. G. R. Nagar, Moolakulam, Puducherry.
..Appellant(s) Vs
1. The Principal District Judge Puducherry
2. The Secretary The Puducherry Co-operative Housing Society, Ilango Nagar, Puducherry.
..Respondent(s) To set aside the order passed in W.P.No. 8925 of 2021 dt.21.06.2022 by allowing the writ appeal.
For Appellant(s):
Mr.Saravana Kumar for Mr.K.Sathish Kumar For Respondent(s):
R1 - Given up NA -R2
JUDGMENT
(Judgment of the Court was delivered by C.Kumarappan J.) The present writ appeal is filed against the order of the learned Single Judge dated 21.06.2022, in and by which, the learned single Judge confirmed the order of the Principal District Judge, Puducherry in CRP.No.3 of 2017.
2. The main contention putforth by the appellant is that the interest levied by the Society is exorbitant. Therefore, he seeks for refund of the excess amount paid by him.
3. The learned single Judge, after having considered the order of the Principal District Judge in C.R.P on the factual finding that the appellant, after admitting his liability, having paid the entire amount as calculated by the Society, on a later point of time, cannot turn around and say that the interest claimed by the Society is exorbitant. While looking at the contentions of the appellant, though they have paid the excess amount, but admittedly as found by the Principal District Judge, the amount was paid by the appellant voluntarily.
4. Therefore, as rightly observed by the learned single Judge, having paid the amount voluntarily, after accepting the calculation made by the Society, after making such payment, the appellant cannot raise any dispute in respect of the quantum of interest. Apart from that, under Article 226 of the
Constitution of India, when the impugned order is not perverse, the Court is not really concerned with the decision but only with the decision making process and as rightly observed by the learned single Judge, we could not find any infirmity in the decision making process of the Principal District Judge. Therefore, we find no merits in the Appeal. Therefore, the Writ Appeal stands dismissed. No costs.
(S.M.S.,J.) (C.K.,J.) 05-02-2026 Index: Yes/No Speaking/Non-speaking order VSI To
1. The Principal District Judge, Puducherry.
2. The Secretary, The Puducherry Co-operative Housing Society, Ilango Nagar, Puducherry.
S.M.SUBRAMANIAM, J.
AND C.KUMARAPPAN, J.
VSI 05-02-2026