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Madras High CourtWP(MD)/18603/2022allowed

Beerthasthakir.A v. The Registrar Of Co-Operative Societies

2022-08-17Honourable Mr Justice G.R.Swaminathan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 17.08.2022

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN A.Beerthasthakir ... Petitioner Vs.

1.The Registrar of Cooperative Societies, N.V.N.Natrasan Building, EVR. High Road, Kilpauk, Chennai - 600 010.

2.The Joint Registrar of Cooperative Societies, Palayamkottai, Tirunelveli - 02.

3.The Secretary, 0.129, Ukkirankottai Primary Agricultural Cooperative Credit Society, Tiruenlveli District.

... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, to direct the respondents to take appropriate action against the 3rd respondent for the misappropriation and fraud committed by them and to return back the petitioner's above 46.800 grams of Gold Jewels based on the representation given by the petitioner's dated 14.07.2022.

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For Petitioner : Mr.C.Susi Kumar For Respondents : Mr.P.Thilak Kumar, Government Pleader.

ORDER

Heard the learned counsel on either side.

2.The petitioner alleges that the third respondent accepted the pledged jewellery from him but did not disburse the loan amount. In this regard, he had given a complaint and wants action to be taken thereon. Since no action was taken, the present writ petition came to be filed. 3.When the matter was taken up for hearing, the learned Government Pleader appearing for the society submitted that the third respondent had already credited the loan amount of Rs.1,25,000/- in the savings bank account of the petitioner. The said amount is still available in the account of the petitioner. If the petitioner is willing to return the said amount along with interest, the third respondent will immediately return the pledged jewellery to the petitioner.

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4.Recording the said undertaking and submission made by the learned Government Pleader, this writ petition is disposed of. The third respondent is restrained from auctioning the pledged jewelry of the petitioner for a period of two weeks from the date of receipt of a copy of this order. It is open to the petitioner to pay the interest amount before that period. No costs. 17.08.2022 Index : Yes / No Internet : Yes/ No ias To:- 1.The Registrar of Cooperative Societies, N.V.N.Natrasan Building, EVR. High Road, Kilpauk, Chennai - 600 010.

2.The Joint Registrar of Cooperative Societies, Palayamkottai, Tirunelveli - 02.

3.The Secretary, 0.129, Ukkirankottai Primary Agricultural Cooperative Credit Society, Tiruenlveli District.

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G.R.SWAMINATHAN, J.

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