Rajendran v. The Joint Registrar Of

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 05.06.2018

CORAM:

THE HONOURABLE MR.JUSTICE M.S.RAMESH W.P.(MD) No.11905 of 2018 Rajendran ... Petitioner vs.

1. The Joint Registrar of Co-operative Societies, Office of the Joint Registrar of Cooperative Societies, Chokkikulam, Madurai.

2. The Secretary, MD Special 104, Kodikulam Primary Agricultural Co-operative Credit Society, Kodikulam, Usilampatti Taluk, Madurai District.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the respondents Nos.1 and 2 herein to extend the Loan Waiver Benefits covered under the G.O (Ms) No.59, Co-operation, Food and Consumer Protection Department dated 28.06.2016 to the petitioner in respect of his loan amount of Rs.1,53,300/- availed vide loan account No.KCCI1098 from the 2nd Respondent Society by considering his representation dated 24.03.2018 and for further reliefs. For Petitioner :Ms.K.Vidya For Respondents :Mr.V.Anand Government Advocate

O R D E R

Mr.V.Anand, learned Government Advocate, takes notice for the respondents.

2. By consent of both parties, this writ petition is taken up for final disposal at the stage of admission itself. 3.

It is the grievance of the petitioner that his representation dated 24.03.2018 seeking to to extend the Loan Waiver Benefits covered under the G.O (Ms) No.59, Co-operation, Food and Consumer Protection Department dated 28.06.2016 to the petitioner in respect of his loan amount of Rs.1,53,300/- availed vide loan account No.KCCI1098 from the 2nd Respondent Society , has not been considered by the first respondent till date and therefore, he has filed the present writ petition.

https://hcservices.ecourts.gov.in/hcservices/

4. This Court has not expressed any of its view with regard to the merits of the representation made by the petitioner. It is needless to point out that whenever a representation of this nature is made, the respondents are duty bound to consider the same in one way or the other. Non-consideration of the same would amount to dereliction of ordinary duties of their office and as such, this Court would be justified in invoking its powers conferred under Article 226 of the Constitution of India to direct them to consider the petitioner's representation within a stipulated time.

5. In view of the limited prayer sought for in this writ petition, there shall be a direction to the first respondent to consider the petitioner's representation dated 24.03.2018 on its own merits and take further action in accordance with law, within a period of six weeks from the date of receipt of a copy of this order.

6. With the above direction, this writ petition is disposed of. No costs.

Sd/- Assistant Registrar(crl side) /True Copy/ Sub Assistant Registrar To

1. The Joint Registrar of Co-operative Societies, Office of the Joint Registrar of Cooperative Societies, Chokkikulam, Madurai.

2. The Secretary, MD Special 104, Kodikulam Primary Agricultural Co-operative Credit Society, Kodikulam, Usilampatti Taluk, Madurai District.

+1cc to Mr.J.Lawrance, Advocate Sr.No.67013 AAV VB/KKR/SAR2/14.06.2018/2P/4C W.P.(MD) No.11905 of 2018 05.06.2018 https://hcservices.ecourts.gov.in/hcservices/