S.Chandrakala v. The Joint Registrar

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 27.06.2019

CORAM:

THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM W.P.(MD)No.21622 of 2015 and M.P.(MD).No.1 of 2015 S.Chandrakala ... Petitioner Vs.

1.The Joint Registrar of Co-operative Society, O/o.The Joint Registrar of Co-operative Societies, Trichy, Trichy District.

2.The President, Y.T.69, Tamil Nadu State Transport Corporation Kumbakonam (Division-II) Employees Co-operative Thrift & Credit Society, No.3, Salai Road, Thiruchirapalli, Trichy District.

... Respondents PRAYER: Writ Petition under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus, calling for the records relating to the impugned order passed by the 2nd respondent in his proceedings No.Nil dated 01.09.2015 and quash the same as illegal and consequentially, to direct the 2nd respondent to disburse the share amount and savings amount totally a sum of Rs.98,736/- with interest within the period that may be stipulated by this Court.

For Petitioner : Mr.Kumar for M/s.Ajmal Associates For R1 : Mr.K.Mu.Muthu Additional Government Pleader For R2 : Mr.T.R.Janarthanan

ORDER

The learned counsel appearing for the writ petitioner states that during the pendency of the writ petition, the entire loan amount due to the second respondent/Co-operative Society had been settled except Rs.16.153/- The learned counsel further states that the said amount also will be settled by the petitioner as expeditiously as possible. However, the fact remains that the impugned order has been passed by the second respondent/Co-operative https://hcservices.ecourts.gov.in/hcservices/

Society, which is not a State within the meaning of Article 12 of the Constitution of India. Thus, no writ petition can be entertained against the order passed by the second respondent Society. The writ petitioner has to exhaust the remedy provided under the Tamil Nadu Co-operative Societies Act. However, it is brought to the notice of this Court that a considerable amount of loan had already been settled and the balance amount of Rs.16,153/- alone is to be settled. Thus, the petitioner is directed to settle the balance amount and close loan amount at the earliest . 2.With the above direction, this Writ petition is disposed of. No costs. Consequently, the connected miscellaneous petition is closed.

Sd/- Assistant Registrar (ADII) // True Copy // Sub Assistant Registrar(CS) To 1.The Joint Registrar of Co-operative Society, O/o.The Joint Registrar of Co-operative Societies, Trichy, Trichy District.

2.The President, Y.T.69, Tamil Nadu State Transport Corporation Kumbakonam (Division-II) Employees Co-operative Thrift & Credit Society, No.3, Salai Road, Thiruchirapalli, Trichy District.

+One cc to M/s.Ajmal Associates, SR.No.71929 +One cc to The Special Government Pleader, SR.No.72176 W.P.(MD)No.21622 of 2015 and M.P.(MD).No.1 of 2015 27.06.2019 RL/16.07.2019/2P/5C https://hcservices.ecourts.gov.in/hcservices/