Selvi v. The Joint Registrar Of The Cooperative Societies,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 14.12.2022
CORAM
THE HON'BLE Mr.JUSTICE M.SUNDAR Selvi W/o.D.Easwaran ... Petitioner -Vs.-
1. The Joint Registrar of the Co-operative Societies, 4th Floor, Collectorate, Tiruppur.
2. The Assistant Registrar of the Co-operative Societies, Office of the Co-operative Societies, Dharapuram Region, Dharapuram, Tiruppur District.
3. The Sub Registrar cum Auditing officer of the Co-operative Societies, Gudimangalam, Udumalpet Taluk, Tiruppur District.
4. The Secretary, K.797, Kongalnagaram Primary Agricultural Co-operative Credit Society, Kongalnagaram, Udumalpet Taluk, Tiruppur District.
5. The Inspector of Police, CCIW CID, Coimbatore Rural Unit Police Station, Coimbatore-641 018.
... Respondents Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the respondents 1 to 4 to cancel 1/10
the mortgage deed registered as Document No.35 of 2009 on the file of the Sub Registrar Office, Gomangalam within a time frame as fixed by this Hon'ble Court by considering the petitioner's representation dated 11.08.2022 and pass such further or other suitable orders as this Hon'ble Court deems it fit ad proper in the circumstances of the case.
For Petitioner : Mr.C.Kesan For Respondents : Mr.S.Ravikumar Special Government Pleader for R1 to R3 & R5 Mr.U.M.Ravichandran Special Government Pleader for R4 ******
ORDER
Captioned writ petition has been filed with a prayer seeking a mandamus qua respondents 1 to 4 to cancel a Mortgage Deed said to have been registered as Document No.35 of 2009 on the file of Sub Registrar's Office in Gomangalam. This Court is informed that Gomangalam is in Tiruppur District. Interestingly and intriguingly, the date of Mortgage Deed has not been mentioned in the prayer. A copy of Mortgage Deed has also not been placed before this Court.
2. Mr.C.Kesan, learned counsel for writ petitioner who is before this Court, adverting to a certificate submits that agricultural loan has been availed from the fourth respondent-Co-Operative Society namely 'K.797, Kongalnagaram Primary Agricultural Co-operative Credit Society' [hereinafter 2/10
'said Society' for the sake of convenience and clarity] has since been waived by the Government of Tamil Nadu under 2016 agricultural loan waiver scheme. A scanned reproduction of certificate placed before this Court is as follows: 3/10
3. The above certificate does not contain a date.
4. Be that as it may, considering the nature of the matter, at the instance of this Court Mr.U.M.Ravichandran, learned Special Government Pleader accepted notice for fourth respondent and Mr.S.Ravikumar, learned Special Government Pleader accepted notice for respondents 1 to 3 & 5.
5. Faced with the above situation, learned counsel for writ petitioner abridges the prayer and submitted that it will suffice if there is a direction to the first respondent to dispose of petitioner's representation dated 11.08.2022. A scanned reproduction of this 11.08.2022 representation as placed before this Court is as follows:
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6. Owing to the innocuous nature of abridged prayer/due to the facts/circumstances of the case on hand first respondent is directed to consider the aforementioned 11.08.2022 representation of the writ petitioner on its own merits, in accordance with law, pass orders as expeditiously as the business of first respondent would permit and in any event within three weeks from today i.e., by 04.01.2023. Proceedings disposing off the representation shall be communicated to the writ petitioner under due acknowledgement within five working days from the date of disposal.
7. Captioned writ petition disposed of with the aforementioned simple directive. There shall be no order as to costs. 14.12.2022 kmi 8/10
To
1. The Joint Registrar of the Co-operative Societies, 4th Floor, Collectorate, Tiruppur.
2. The Assistant Registrar of the Co-operative Societies, Office of the Co-operative Societies, Dharapuram Region, Dharapuram, Tiruppur District.
3. The Sub Registrar cum Auditing officer of the Co-operative Societies, Gudimangalam, Udumalpet Taluk, Tiruppur District.
4. The Secretary, K.797, Kongalnagaram Primary Agricultural Co-operative Credit Society, Kongalnagaram, Udumalpet Taluk, Tiruppur District.
5. The Inspector of Police, CCIW CID, Coimbatore Rural Unit Police Station, Coimbatore-641 018.
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M.SUNDAR, J kmi 14.12.2022 10/10