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Madras High CourtWP(MD)/16817/2015disposed of

Ayyankalai v. The Secretary

2015-09-28Honourable Mr Justice R.Subbiah2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED :28.09.2015

CORAM

THE HONOURABLE MR.JUSTICE R.SUBBIAH W.P(MD).No.16817 of 2015 Ayyankalai ... Petitioner Vs.

The Secretary, Arumpanoor Co-operative Agriculture Society A.2995, Arumpanoor Post, Madurai East Taluk, Madurai District.

...

Respondents This Writ Petition has been filed under Article 226 of Constitution of India praying for a Writ of Mandamus, directing the respondent to consider petitioner's loan application dated 25.07.2015 within a stipulated period of time and grant the loan. For petitioner : Mr.A.V.Arun For Respondent : Mr.M.Murugan Govt. Advocate

ORDER

The Writ Petition has been filed praying for a Writ of Mandamus, directing the respondent to consider petitioner's loan application, dated 25.07.2015 within a stipulated period of time and grant the loan. 2.Heard Mr.A.V.Arun, learned counsel appearing for the petitioner and Mr.M.Murugan, learned Government Advocate appearing for the respondent.

3. In the affidavit filed in support of the Writ Petition, it has been averred that the lands in Survey No.28/3 measuring to an extent of 70 cents purchased by the grand-father of the petitioner viz., Naickamoopanar and he was cultivating the said land and his name was registered in the tenancy record. After his death, the petitioner's grand-mother was cultivating the said land. After the death of the grandmother, the petitioner's mother and father were cultivating the said land. After the death of the petitioner's parents, his sisters gave release deed in favour of petitioner with regard to the said land. Thereafter, the petitioner is cultivating the said land till today. While so, the petitioner has approached the respondent for the short term loan for cultivating the crops. The petitioner submitted an application to the respondent on 25.07.2015, but till date, the same has not been considered and hence, the petitioner has come forward with this Writ petition for the above stated relief.

4. Considering the facts and circumstances of the case, without going into the merits of the case, this Court directs the respondent to consider the application of the petitioner, dated 25.07.2015 and pass appropriate orders on the same, on merits and in accordance with law, https://hcservices.ecourts.gov.in/hcservices/

within a period of two weeks from the date of receipt of a copy of this order. It is made clear that this Court is not expressing any opinion on the merits of the claim made by the petitioner and it is for the respondent to consider the same purely on merits.

5. With the above direction, the Writ Petition is disposed of. No Costs.

Sd/- The Assistant Registrar(AS) /True copy/ Sub-Assistant Registrar To The Secretary, Arumpanoor Co-operative Agriculture Society A.2995, Arumpanoor Post, Madurai East Taluk, Madurai District.

+1cc to Mr.A.V.Arun, Advocate SR.No.56909/15 +1cc to special Government Pleader Sr.No.57107/15 sm:IV:08.10.2015:2P/4c W.P(MD).No.16817 of 2015 28.09.2015 https://hcservices.ecourts.gov.in/hcservices/