A.Govindan v. The Sub-Registrar, Co.Op

IN THE HIGH COURT OF JUDICATURE AT MADRAS

RESERVED ON: 05.01.2017 DELIVERED ON: 11.01.2017

CORAM:

THE HON'BLE MR. JUSTICE P.N. PRAKASH W.P. No.17508 of 2003 & W.P.M.P. Nos.25025 and 21868 of 2002 A. Govindan Petitioner vs.

The Sub-Registrar Cooperative Societies/Sale Officer The Wallajah Cooperative Primary Agricultural & Rural Development Bank Ltd.

Arcot, Vellore District The Special Officer The Walajah Cooperative Primary Agricultural & Rural Development Bank Ltd.

Arcot Vellore District Respondents Writ Petition filed under Article 226 of the Constitution of India seeking a writ of certiorari calling for the records of the first respondent in R.R.A. 11/2002-03 dated 20.05.2003 and quash the same.

For petitioner Mr. G. Jeremiah For R1 Ms. T. Girija Govt. Advocate (Co-operative) For R2 Mr. M.G.H. Varadarajan

ORDER

Heard the learned counsel for the respective parties. It is seen that the petitioner obtained a loan of Rs.2,47,000/- from the second respondent cooperative bank for the purpose of establishment of a saw mill and had committed default in repayment of the said loan. Therefore, the Special Officer of the second respondent society had initiated proceedings against the petitioner for recovery of the loan amount vide order dated 20.05.2003, challenging which, the petitioner is before this Court.

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The relief claimed by the petitioner is only against the co-operative bank and not against any statutory order passed by any authority or revisional authority. This matter is squarely covered by a 5-Judge Bench judgment of this Court in K. Marappan vs. The Deputy Registrar of Co-operative Socities, Namakkal Circle, Namakkal-636 001 and another [2006 (4) CTC 689] and also by the judgments of three Full Benches of this Court in

(1) A.S. Subramani vs. Deputy Registrar of Co-operative Societies, Tindivanam Region [2006 (4) CTC 444], (2) T.K. Ananda Sayanan vs. Joint Registrar of Co-operative Societies, Vellore Region [2007 (5) CTC 1] and (3) R.Radhakrishnan vs. Deputy Registrar of Co-operative Societies, Dindigul [2007 (4) LLN 868] and also a Division Bench judgment of this Court in T.N. Vatta Kooturavu Veettu Vasathi Sangangalin Anaithu Paniyalargal Madya Sangam vs. Deputy Registrar of Co-operative Societies, Cuddalore and others [2008 (2) LLN 236].

Since this writ petition is squarely covered by the binding precedents of this Court, as referred to above, this writ petition stands dismissed. Costs made easy. Connected Miscellaneous Petitions are closed.

Sd/- Asst.Registrar (CCC) /true copy/ Sub Asst. Registrar To The Sub-Registrar Cooperative Societies/Sale Officer The Wallajah Cooperative Primary Agricultural & Rural Development Bank Ltd.

Arcot, Vellore District The Special Officer The Walajah Cooperative Primary Agricultural & Rural Development Bank Ltd.

Arcot Vellore District cp(cp) krd 13/2 W.P. No.17508 of 2003 https://hcservices.ecourts.gov.in/hcservices/