H.Shakeela Parveen v. The Deputy Registrar

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 04.02.2025

CORAM

THE HONOURABLE MR.JUSTICE J.SATHYA NARAYANA PRASAD H.Shakeela Parveen ... Petitioner Vs.

1.The Deputy Registrar, No:329, 3rd Floor, Co-operative Societies, District Collector Office Complex, Nagapattinam - 611 001.

2.M/s.Nagapattinam Urban Co-operative Credit Society L.T.D., O.N.3 Nagapattinam, Branch-Nagoor Represented by its Secretary, Nagapattinam - 611 002.

... Respondents PRAYER : Petition filed under Article 226 of the Constitution of India praying for issuance of Writ of Mandamus, directing the 1st respondent to consider the petitioner representation dated 28.10.2024 and take necessary action against the 2nd respondent to recover petitioner's amount of Rs.4,25,000/- (Four Lakhs Twenty Five Thousand only) with 9% interest.

For Petitioner :

Ms.D.Nivetha For Respondents (R1 & R2) :

M/s.M.Jayanthi Additional Government Pleader

O R D E R

The writ petition has been filed to issue a writ of Mandamus, to direct the 1st respondent to consider the petitioner representation dated 28.10.2024 and take necessary action against the 2nd respondent to recover petitioner's amount of Rs.4,25,000/- with 9% interest.

2.The writ petitioner had opened savings account with the 2nd respondent Bank viz., Nagapattinam Urban Co-operative Credit Society Ltd., at Nagapattinam in Account No.2867 and deposited a sum of Rs.4,25,000/- as fixed deposit for 37 months with a maturity interest rate of 9%. As per the instructions of the 2nd respondent, the total amount of Rs.4,25,000/- was split into 16 separate receipts issued on various dates by the 2nd respondent. The amount had been matured. The petitioner had been seeking return of the amount but update.

3.Written instructions had been forwarded by the learned Additional Government Pleader appearing for the 2nd respondent Cooperative Society that the 2nd respondent is running in loss. There has been substantial misappropriations of the amounts of the 2nd respondent. However, there is a commitment to return back the amounts to the petitioner herein. It is also stated that it could be returned back in installments.

4. Heard both sides and perused the materials available on record.

5. In view of the above factual matrix of the case, the following directions are issued by this Court:

The 2nd respondent is directed to return back the amount of a sum of Rs.4,25,000/- (Rupees Four Lakhs and Twenty Five Thousand only) together with 3% rate of interest in seventeen (17) equal installments and each installment of a sum of Rs.25,000/- commencing from April 2025. The first installment will commence from the Month of April 2025. The installments should be paid on or before 10th of every

successive month and the entire payment must be completed on or before August 2026.

5.This writ petition stands disposed of with the above direction. No Costs.

04.02.2025 (2/2) Index : Yes / No Speaking Order : Yes / No kak To 1.The Deputy Registrar, No:329, 3rd Floor, Co-operative Societies, District Collector Office Complex, Nagapattinam - 611 001.

2.The Secretary, M/s.Nagapattinam Urban Co-operative Credit Society L.T.D., O.N.3 Nagapattinam, Branch-Nagoor Nagapattinam - 611 002.

J.SATHYA NARAYANA PRASAD, J kak (2/2) 04.02.2025