K.M.P.Kumaraswamy v. The State Of Tamil Nadu
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED :19.04.2021
CORAM
THE HON'BLE MR.JUSTICE D.KRISHNAKUMAR W.P.No. 32884 of 2018 and WMP.No.38108 of 2018 K.M.P.Kumaraswamy @ A.P.Ganesh Kumar ..Petitioner Vs
1. The State of Tamil Nadu, Rep. by its Secretary to Government, Co-operative Department, Fort St. George, Chennai-600009.
2. The Registrar of Co-operative Society, N.V.N. Somu Maaligai, 170, E.V.R. High Road, Kilpauk, Chennai-600010.
3. The Joint Registrar of Co-operative Society, Coimbatore, Coimbatore District.
4. The Secretary, Sulur Co-operative Primary Agricultural and Rural Development Bank Limited K-636, Sulur, Coimbatore District-641402.
.. Respondents Prayer: Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorarified Mandamus, directing the respondents to call for the records relating to the impugned orders dated 29.05.2017 and 20.09.2018 passed by the 4th Respondent to quash the same and consequently direct the 4th Respondent to permit the Petitioner to settle the entire loan amount with 6% interest for the default period and to discharge the mortgage within a stipulated time. For Petitioner : Mr.M.Ashok for M/s.C.Prabakaran For Respondents : Ms. T.Girija,AGP - R1 to R3 : Mr.P.P.Shanmugasundram-R4
O R D E R
The prayer sought for in the Writ Petition is to direct the respondents to call for the records relating to the impugned orders dated 29.05.2017 and 20.09.2018 passed by the 4th Respondent to quash the same and consequently direct the 4th Respondent to permit the Petitioner to settle the entire loan amount with 6% interest for the default period and to discharge the mortgage within a stipulated time that may be fixed by this hon'ble court.
2. Today when the matter is taken up for hearing, the learned Additional Government Pleader appearing for the respondents 1 to 3 has submitted a letter in N.Ka.No. 208/2019, dated 19.04.2021 received from the Joint Registrar of Cooperative Society, Pollachi Circle, wherein it has been mentioned that the writ petitioner has paid entire dues to the respondent society, therefore nothing survives for adjudication.
3. Recording the submissions made by the learned Additional Government Pleader and the letter in N.Ka.No. 208/2019, dated 19.04.2021 received from the Joint Registrar of Cooperative Society, Pollachi Circle, the writ petition is dismissed as having become infructuous.
Consequently, connected Miscellaneous Petition is closed. No costs.
Sd/- Assistant Registrar(CS-V) //True Copy// Sub Assistant Registrar ak To
1. The Secretary to Government, Co-operative Department, Fort St. George, Chennai-600009.
2. The Registrar of Co-operative Society, N.V.N. Somu Maaligai, 170, E.V.R. High Road, Kilpauk, Chennai-600010.
3. The Joint Registrar of Co-operative Society, Coimbatore, Coimbatore District.
4. The Secretary, Sulur Co-operative Primary Agricultural and Rural Development Bank Limited K-636, Sulur, Coimbatore District-641402.
+1cc to Special Government Pleader(CO-OP), S.R.No.23984 W.P.No.32884 of 2018 and WMP.No.38108 of 2018 SR-II(CO) CB(19/07/2021)