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Madras High CourtWP(MD)/2919/2022disposed of

Mani .K v. The State Of Tamil Nadu Rep. By

2022-03-15Honourable Mr Justice Abdul Quddhose3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 15.03.2022

CORAM

THE HONOURABLE MR. JUSTICE ABDUL QUDDHOSE and W.M.P.(MD).No.2551 of 2022 K.Mani ... Petitioner Vs.

1.The State of Tamil Nadu represented by The Secretary to Co-operative Society, Secretariat, Chennai.

2.The Secretary to TNEPDS, Tamil Nadu Electronic Public Distribution System, Secretariat, Chennai.

3.The President, Co-operative Society A-372 P.A.C.C.S, S.Kallampatti, Melur Taluk, Madurai District.

...Respondents

Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the respondent to waive the jewel loan (less than 40 grams), that was borrowed by the petitioner in Co-operative Society, A-372 P.A.C.C.S, S.Kallampatti.

For Petitioner : Mr.K.Mani (Party in person) For Respondents : Mr.P.Thilak Kumar, Government Pleader.

ORDER

This Writ Petition has been filed for a Mandamus seeking for a direction to the respondents to waive the jewel loan of the petitioner (less than 40 grams) that was borrowed by the petitioner in a Co-operative Society, namely, A-372 P.A.C.C.S, S.Kallampatti.

2. According to the petitioner, having availed a jewel loan by pledging the jewels which are less than 40 grams, the petitioner is 1/3

entitled for jewel loan waiver as per the G.O(Ms).No.97 dated 01.11.2021. However, according to the petitioner, jewel loan waiver has not been granted and only under those circumstances, he has filed this Writ Petition.

3. Heard Mr.K.Mani, the petitioner appearing in person and Mr.P.Thilak Kumar, learned Government Pleader, who accepts notice on behalf of the respondents.

4. Today, the petitioner has placed before this Court, a letter dated 25.02.2022 sent by the Secretary to Co-operative Society, S.Kallampatti to the petitioner intimating him that he is eligible for jewel loan waiver as per the second list prepared by the first respondent.

5. Since the aforesaid communication has been received by the petitioner, the first and third respondents will have to consider the petitioner's request for jewel loan waiver. Since a representation is yet to be given by the petitioner, this Court deems it fit to direct the petitioner to give a representation to the first and third respondents seeking for jewel loan waiver in terms of the communication received by the petitioner from the Secretary to Co-operative Society, S.Kallampatti, dated 25.02.2022, wherein, it has been stated that the petitioner is eligible for jewel loan waiver.

6. After recording the submissions made by the respective counsels, this Writ Petition is disposed of by directing the petitioner to give a representation to the first and third respondents, requesting for jewel loan waiver in respect of his jewel loan amount availed from the third respondent in terms of the communication dated 25.02.2022 received by the petitioner from the Secretary to Co-operative Society, S.Kallampatti and on receipt of the same, the first and third respondents shall pass final orders on merits and in accordance with law, with regard to the request of the petitioner seeking for jewel loan waiver, within a period of two (2) weeks thereafter.

7. With the aforesaid direction, this Writ Petition is disposed of. There shall be no order as to costs. Consequently, connected miscellaneous petition stands closed.

Sd/- Assistant Registrar(P & A) // True Copy // / /2022 Sub Assistant Registrar(CS) Lm 2/3

Note : In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

To 1.The Secretary to Co-operative Society, The State of Tamil Nadu, Secretariat, Chennai.

2.The Secretary to TNEPDS, Tamil Nadu Electronic Public Distribution System, Secretariat, Chennai.

3.The President, Co-operative Society A-372 P.A.C.C.S, S.Kallampatti, Melur Taluk, Madurai District.

+1 CC to M/s.SPL GP ( SR-12481[F] dated 16/03/2022 ) 15.03.2022 SS(CO) TR(28.03.2022) 3P 5C 3/3