K.Manickam, S/O.Kuttaian, v. The Government Of Tamil Nadu,
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 25.02.2019 CORAM :
THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN WP(MD)No.3515 of 2019 K.Manickam ... Petitioner Vs.
1.The Government of Tamil Nadu, Rep.by its Principal Secretary, Co-operation, Food and Consumer Protection Department, Fort St.George, Chennai.
2.The Registrar of Co-operative Societies, Periyar EVR High Road, Kilpauk, Chennai - 600 010.
3.The Joint Registrar of Co-operative Societies, Sivagangai Region, Sivagangai.
4.The Deputy Registrar of Co-operative Societies, Karaikudi, Sivagangai District.
5.MM544, Ulagampattyi Primary Agricultural Co-operative Credit Society, Rep.by its Secretary, Ulagampatti Post, Singampunari Taluk, Sivagangai District.
... Respondents PRAYER : Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, to direct the respondents 1 to 4 to direct the fifth respondent to return the deposit amount of Rs.1,02,000/- (One Lakh and Two Thousand only) and Rs.1,00,000/- (Rupees One Lakh only) totally Rs.2,02,000/- (Rupees Two Lakhs and Two Thousand Only) to the petitioner which were deposited by him with the fifth respondent vide Fixed Deposit Receipt Nos.4699 and 4700 dated 02.07.2011 and 12.08.2011 respectively with interest at the rate of 18% per annum from the date of deposit to the date of payment within the time. For Petitioner : Mr.R.Sivalingam For Respondents : Mr.R.Sethuraman, Special Government Pleader COMMON ORDER Heard the learned counsel on either side.
2.The petitioner had deposited a sum of Rs.2,02,000/- in the fifth respondent society. All that the petitioner seeks is refund of the said fixed deposit amount with interest. Since the fifth https://hcservices.ecourts.gov.in/hcservices/
respondent society has not re-paid the same, the filing of this writ petition has become necessary.
3.The learned counsel appearing for the writ petitioner points out that in an identical case, this Court by order dated 08.11.2018 in WP(MD)No.15001 of 2018 had given a direction for refund of the fixed deposit amount with interest.
4.Taking into account the facts and circumstances of the case, the fifth respondent is directed to return the petitioner's fixed deposit amount with interest within a period of six months from the date of receipt of a copy of this order. This writ petition is allowed. No costs.
Sd/- Assistant Registrar(cs-II) /True Copy/ Sub Assistant Registrar To 1.The Principal Secretary, Government of Tamil Nadu, Co-operation, Food and Consumer Protection Department, Fort St.George, Chennai.
2.The Registrar of Co-operative Societies, Periyar EVR High Road, Kilpauk, Chennai - 600 010. 3.The Joint Registrar of Co-operative Societies, Sivagangai Region, Sivagangai.
4.The Deputy Registrar of Co-operative Societies, Karaikudi, Sivagangai District.
5.MM544, Ulagampattyi Primary Agricultural Co-operative Credit Society, Rep.by its Secretary, Ulagampatti Post, Singampunari Taluk, Sivagangai District.
+1cc to Mr.R.Sivalingam, Advocate, SR.No.50231 +1cc to Special Government Pleader, SR.No.49761 WP(MD)No.3515 of 2019 25.02.2019 SP/02.04.2019/ 2P/8C https://hcservices.ecourts.gov.in/hcservices/