Maheshkumar. K v. The Commissioner

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 06.01.2025

CORAM

THE HONOURABLE MR. JUSTICE B.PUGALENDHI WP(MD)No.14526 of 2021 K.Maheshkumar ... Petitioner versus

1. The Commissioner, Munchirai Panchayat Union, Kanyakumari District.

2. K.N.99 Kanyakumari District Rural Development, Local Administration, Fire and Government, Arasu Rubber Corporation Department Employees Co-Operative Thrift and Credit Society Limited, Rep. through its Secretary, Munchirai, Kanyakumari District - 629 171. ... Respondents Writ Petition filed under Article 226 of the Constitution of India, praying for the issuance of a Writ of Certiorari, to call for the records of the impugned order issued by the 1st respondent herein in his letter No.A1/3429/2019, dated 09.06.2020 and quash the same as illegal. For Petitioner : Mr.P.Bhaskar For R1 : Mr.G.V.Vairam Santhosh, Additional Government Pleader 1/4

For R2 : Mr.M.Suri

ORDER

The petitioner is working as a Driver in Munchirai Panchayat, Kanyakumari District and he is a Member of the 2nd respondent Society. According to the petitioner, he obtained loan to the tune of Rs.20,000/- in the 2nd respondent Society and he repaid a sum of Rs.16,661/- on several dates. However, the 2nd respondent issued a communication dated 20.08.2019 stating that he is liable to pay a sum of Rs.1,07,358/- towards loan. Therefore, the petitioner has submitted a representation dated 20.06.2019 to the 2nd respondent seeking to furnish the break-up details, but, the same has not been furnished to him. While so, the first respondent issued a notice dated 09.06.2020 calling the petitioner to give consent for deduction of due loan amount of Rs.1,11,014/- on installment basis and inform about the period of installment. Challenging the same, the petitioner has filed this writ petition.

2. The learned counsel appearing for the petitioner submits that the petitioner has obtained loan only a sum of Rs.20,000/- from the 2nd 2/4

respondent Society and he has also repaid the entire loan amount. However, the 2nd respondent claims that the petitioner is liable to pay a sum of Rs.1,11,014/- towards the repayment of loan and instructed to the 1st respondent to deduct the due amount from the petitioner's salary on installment basis.

3. It appears that the impugned notice is only a show cause notice. Therefore, this Court is not inclined to entertain this writ petition.

4. Accordingly, this writ petition is dismissed. However, the respondents shall permit the petitioner to offer his explanation to the impugned notice dated 09.06.2020 and thereafter, take a decision within a period of six weeks from the date of receipt of the petitioner's explanation. No costs.

06.01.2025 ogy NCC : Yes / No.

Index : Yes / No.

Internet:Yes / No.

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B.PUGALENDHI, J.

ogy To

1. The Commissioner, Munchirai Panchayat Union, Kanyakumari District.

2. The Secretary, K.N.99 Kanyakumari District Rural Development, Local Administration, Fire and Government, Arasu Rubber Corporation Department Employees Co-Operative Thrift and Credit Society Limited, Munchirai, Kanyakumari District - 629 171.

WP(MD) No.14526 of 2021 06.01.2025 4/4