The Administrator, v. Krishnamoorthy,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 18.06.2026

CORAM:

THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR AND THE HONOURABLE MR.JUSTICE P.B.BALAJI and C.M.P.(MD)No.7348 of 2026 The Administrator, TA-69, Alivalam Primary Agricultural Cooperative Credit Society, Pattukottai Taluk, Thanjavur District.

...Appellant Vs.

1.Krishnamoorthy 2.Chinnadurai 3.Ravichandran 4.Govindakumar 5.Palanisamy 6.Moorthy 7.Sangeetha 8.The District Collector, Thanjavur District.

9.The Deputy Registrar of Cooperative Societies, Pattukottai Circle, Jeyaraj Complex 11th Floor, Pattukottai, Thanjavur District.

...Respondents

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PRAYER:- Writ Appeal - filed under Clause 15 of the Letters Patent, to set aside the order passed by this Court in W.P.(MD)No.3308 of 2025 dated 11.11.2025.

For Appellant : Mr.Mohammed Ayub for Mr.V.Manohar For Respondents : Mr.S.Kumar (R1 to R7) Mr.S.Venkatesh (R8 & R9) Counsel for the State

JUDGMENT

(Judgment of the Court was delivered by N.SATHISH KUMAR, J.) Challenging the order of the learned Single Judge directing the appellant-Society to release the pledged jewels to the writ petitioners/private respondents herein, the present writ appeal has been filed.

2.The writ petitioners, who are private respondents herein, had availed agricultural jewel loans by pledging their respective jewels in the year 2020. By virtue of G.O.Ms.No.15, Co-operative, Food and Consumer Protection Department, dated 08.02.2021, the State Government waived agricultural jewel loans availed by eligible agriculturists up to 31.01.2021. Pursuant to the said Government Order, 2/6

the writ petitioners sought return of their pledged jewels. However, the said request was not acceded. Hence, the writ petition was filed. 3.Counter affidavit has been filed by the Cooperative Society indicating the though the writ petitioners were otherwise eligible for the benefit of loan waiver, certain other persons had availed agricultural loans in respect of the same survey numbers without carrying on cultivation. On that basis, the writ petitioners were not entitled to the benefit of the waiver scheme, according to the Society. It was further stated that the loans availed by such persons had subsequently been repaid in full.

4.The learned Single Judge upon considering the materials placed on record found that the loans granted to the ineligible persons had already been recovered and that the writ petitioners were otherwise entitled to the benefit of the Government Order. Accordingly, the learned Single Judge directed the respondents to release and return the pledged jewels to the writ petitioners. Aggrieved by the same, the Cooperative Society has filed this writ appeal.

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5.Heard the learned counsel appearing on either side and perused the materials placed on record.

6.We find that absolutely, no loss whatsoever has been caused to the appellant-Society. The persons, who had allegedly availed loans without carrying on cultivation, have already repaid the entire loan amount. The writ petitioners, on the other hand, are genuine agriculturists who had availed agricultural loans and are beneficiaries under the Government's loan waiver scheme. Such benefit cannot be denied to them on the technical ground that some other persons had obtained loans in respect of the same survey numbers without undertaking cultivation. 7.It is pertinent to note that if loans were sanctioned to persons who were not entitled to the same, the lapse is attributable to the authorities concerned. The innocent agriculturists, who have actually cultivated the lands and are otherwise eligible under the Government Order, cannot be deprived of the benefit extended by the State Government.

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8.It is also brought to our notice that in the case of the writ petitioners, the five-member committee constituted for examining such claims had recommended waiver of the loans availed by the writ petitioners. In such circumstances, we find no infirmity or illegality in the order passed by the learned Single Judge warranting interference in this appeal.

9.Accordingly, this writ appeal is dismissed. Consequently, connected miscellaneous petition is closed. There shall be no order as to costs.

[N.S.K., J.] & [P.B.B., J.] 18.06.2026 Index :Yes/No Internet :Yes ta To 1.The District Collector, Thanjavur District.

2.The Deputy Registrar of Cooperative Societies, Pattukottai Circle, Jeyaraj Complex 11th Floor, Pattukottai, Thanjavur District.

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N.SATHISH KUMAR, J.

AND P.B.BALAJI, J.

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