← Library
Madras High CourtWP/25851/2017dismissed as infructuous

Mr.Saathappan, v. The State Of Tamil Nadu,

2021-03-12Honourable Mr Justice C. Saravanan3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 12.03.2021

CORAM

THE HONOURABLE MR.JUSTICE C.SARAVANAN W.P. No. 25851 of 2017 Mr.Saathappan, S/o.Subramanian ... Petitioner Vs

1. The State of Tamilnadu, Represented by its Secretary to the Government, Co-operative, Food and Consumer Protection Department, Fort St.George, Chennai - 09.

2. The Deputy Registrar of Co-operative Societies, Nagapattinam.

3. The Secretary, Z 274, Primary Agricultural Co-operative Credit Society, Thiruvidaimaruthu, Arunthavampulam, Nagapattinam District.

4. The Branch Manager, The Central Co-operative Bank, Kumbakonam.

(R4 impleaded vide order dated 19.01.2021 in W.M.P.No.29957/2017 in W.P.No.25851/2017) ... Respondents Prayer: Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, directing the 4th Respondent to process the recommendation of the 2nd Respondent by its letter dated 16.08.2017 for eligible list of waiver of loan.

(Prayer amended vide order dated 19.01.2017 made in W.M.P.No.30601/2017 in W.P.No.25851/2017) For Petitioner : Mr.S.Arivazhagan For R1 &R2 : Ms.T.Girija Additional Government Pleader For R3 & R4 : Mr.L.P.Shanmugasundaram Special Government Pleader

ORDER

Though the writ petition was originally filed for issuance of Mandamus, to direct the 2nd respondent to include the name of the petitioner in the eligible list of waiver of loan in pursuant to the the recommendation of the 2nd respondent dated 03.10.2016 by the consideration of the petitioner's representation dated 17.09.2016, the prayer was thereafter altered by an order dated 19.01.2017 which reads as under:- "Writ of Mandamus, directing the 4th Respondent to process the recommendation of the 2nd Respondent by its letter dated 16.08.2017 for eligible list of waiver of loan".

2. The learned counsel for the 3rd & 4th respondents has filed counter and also typed set of documents. The Managing Director of the 4th respondent-bank has also addressed giving letter details of the present status of the loan. A copy of the letters dated 18.02.2021 and 20.02.2021 of the 3rd respondent and 4th respondent-bank are also enclosed. It indicates that the petitioner have not only paid the amount together with interest but also has obtained a fresh loan for a sum of Rs.49,462/- on 17.11.2020. Thus, nothing survives for adjudication in this writ petition.

3. This Writ Petition stands dismissed in the light of the above observations. No costs.

Sd/- Assistant Registrar(CS III) //True Copy// Sub Assistant Registrar arb To

1. The Secretary, Government of Tamilnadu, Co-operative, Food and Consumer Protection Department, Fort St.George, Chennai - 09.

2. The Deputy Registrar of Co-operative Societies, Nagapattinam.

3. The Secretary, Z 274, Primary Agricultural Co-operative Credit Society, Thiruvidaimaruthu, Arunthavampulam, Nagapattinam District.

4. The Branch Manager, The Central Co-operative Bank, Kumbakonam.

+1cc to Mr.S.Arivazhagan, Advocate, S.R.No.16137. W.P. No. 25851 of 2017 GPL(CO) CSR 31.03.2021