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Madras High CourtWP/31861/2019disposed of

M.Ravichandran v. The Deputy Registrar Of Co-Operative

2019-11-13Honourable Mr Justice M.Dhandapani1 pages

WP.No.31861/2019 C.V.KARTHIKEYAN, J., Learned counsel for the petitioner is not present.

2.The writ petition has been filed in the nature of a mandamus seeking a direction to the respondents to pay the amount which they had recovered to a sum of Rs.1,70,106/- from the terminal benefits payable to the petitioner herein.

3.The said amount had been recovered as the petitioner has obtained a loan from the 3rd respondent/Tamil Nadu State Transport Corporation Provident Fund Trust [Vellore].

4.Any loans, should have to be settled by the employee at the time of retirement, otherwise, pension would not be payable.

5.Learned Standing counsel appearing for the 2nd respondent states that the pension is now being paid to the petitioner herein.

6.Even otherwise, since it is a money claim, the Court can never examine about the nature of the loan, whether the loan was properly obtained ; whether the loan was properly sanctioned and whether there was any defaults in repayment of loan. They all are aspects within the purview of the Civil Court. I am at wonder as to how a writ petition is maintainable. But however, since the learned counsel for the petitioner is not present, list the matter once again on 07.09.2023.

22.08.2023 AP Internet : Yes https://www.mhc.tn.gov.in/judis