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Madras High CourtWP(MD)/11725/2022disposed of

Pitchaimani v. The Registrar

2022-08-22Honourable Mr Justice G.R.Swaminathan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 22.08.2022

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P.(MD)No.11725 of 2022 Pitchaimani ... Petitioner Vs 1.The Registrar, Chennai - 600 106.

2.The Sub Registrar, 3.The Secretary, 4.The Chairman, 1/4

5.The Deputy Registrar, Uthamapalayam, (R.5 is suo motu impleaded vide Court order dated 22.08.2022) ... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, to direct the third respondent to return the petitioner's Gold Jewel Loan of 22 grams with 900 milligram in the third respondent office vide Loan Credit No: 4012 dated: 21.12.2015, based on the petitioner's representation dated 26.04.2022, within stipulated time fixed may be fixed by this Court.

For Petitioner : Mr.R.Senthilkumar For Respondents : Mr.M.Senthil Ayyanar Government Advocate

ORDER

Heard the learned counsel on either side.

2. The case of the petitioner is that the petition mentioned jewels were pledged with the respondent Cooperative Society and that he had later repaid the loan. However, the jewels have not been returned so far. The petitioner has given a representation dated 26.04.2022 in this regard. The petitioner shall file a fresh representation before the fifth respondent and the fifth respondent shall 2/4

enquire into the same. If the fifth respondent finds that the redemption amount had been paid but some fraud had been committed by the Cooperative Society, the petitioner cannot be made to bear the loss and an appropriate order on merits will be passed. The petitioner undertakes to move the fifth respondent within a period of one week from the date of receipt of a copy of this order. The fifth respondent shall conclude the enquiry and pass final order within a period of four weeks thereafter.

3. This writ petition is disposed of. No costs. 22.08.2022 Index : Yes / No Internet : Yes/ No mga To 1.The Registrar, Chennai - 600 106.

2.The Sub Registrar, 3.The Secretary, 3/4

G.R.SWAMINATHAN, J.

mga 4.The Chairman, 5.The Deputy Registrar, Uthamapalayam, W.P.(MD)No.11725 of 2022 22.08.2022 4/4