L. Arunachalam v. The Deputy Registrar Of Cooperative Societies

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 12.03.2025

CORAM:

THE HONOURABLE MR.JUSTICE VIVEK KUMAR SINGH and WMP (MD) Nos.4809, 4810 & 4812 of 2025 L.Arunachalam : Petitioner Vs.

1. The Deputy Registrar of Cooperative Societies, O/o. the Deputy Registrar of Cooperative Societies, KTM Kasim Centre 2nd Floor, Aranmanai Veethi, Ramanathapuram District - 623 501.

2. The Administrator / Secretary, RR 1447 Ramanathapuram District Cooperative Societies Staffs Thrift Society Limited, Paramakudi - 623 007 Ramanathapuram District.

: Respondents P RAYER:

Writ Petitions filed under Article 226 of the Constitution of India for issuance of Writ of Certiorarified Mandamus, call for the records relating to the order dated 15.09.2023 and direct the 2nd respondent to serve copies of ledger page of the petitioner in loan No. 1192, the statement of loan account, the ARC decree in 71/2001-2002 and the order in EP 90/03-04 dated 21.11.2024 and also quash the same as barred by limitation.

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For Petitioner : Mr.V.O.S.Kalaiselvam For Respondents : Mr.J.K.Jayaselan Government Advocate

O R D E R

The present writ petition has been filed challenging the communication of refusal dated 15.09.2023, issued by the second respondent and seeking a consequential direction to the second respondent to provide copies of the ledger page for loan No. 1192, the loan account statement, the ARC decree in 71/2001-2002 and the order in EP 90/03-04, dated 21.11.2024.

2. Heard the learned counsel for the parties. By consent of both parties, the Writ Petition is taken up for final disposal at the admission stage itself.

3. The petitioner asserts that while he was working as Secretary, he received a loan of Rs. 30,000/-. The petitioner remitted both the interest and principal amounts periodically. He contends that the loan has been fully repaid. However, the petitioner's grievance is that, despite 2/6

repaying the loan amount, he was served with a notice on 21.11.2024 stating that a principal amount of Rs.65,341/- and interest of Rs. 2,00,716/-, totalling Rs.2,66,055/-, is still pending. In this regard, the petitioner has requested copies of the relevant documents pertaining to the loan. Since these documents have not been furnished, the petitioner has now filed the present writ petition.

4. The learned Government Advocate, appearing on behalf of the respondents, submits that it is an admitted fact that the petitioner has repaid part of the loan amount. The petitioner, in an attempt to stall the recovery proceedings, has now filed the present writ petition challenging the internal communication.

5. It is an undisputed fact that the petitioner has repaid a part of the loan amount. The respondent has acknowledged this repayment and the petitioner has not provided sufficient evidence to substantiate the claim of full repayment. Furthermore, the petitioner's request to halt the recovery proceedings based on the internal communication does not constitute a valid ground, as the matter of repayment is still under dispute.

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6. In view of the above, the writ petition is devoid of merits and accordingly, stands dismissed. There shall be no order as to costs. Consequently, connected miscellaneous petitions are closed. 12.03.2025 Index : Yes / No Internet : Yes / No PKN 4/6

To

1. The Deputy Registrar of Cooperative Societies, O/o. the Deputy Registrar of Cooperative Societies, KTM Kasim Centre 2nd Floor, Aranmanai Veethi, Ramanathapuram District - 623 501.

2. The Administrator / Secretary, RR 1447 Ramanathapuram District Cooperative Societies Staffs Thrift Society Limited, Paramakudi - 623 007 Ramanathapuram District.

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VIVEK KUMAR SINGH, J.

PKN W.P.(MD) No.6546 of 2025 12.03.2025 6/6