C.Mariya Vasuki v. The Joint Registrar

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 12.12.2022

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN C.Mariya Vasuki ... Petitioner Vs.

1.The Joint Registrar, Department of Co-operative Societies, No.1, Punithavathiyar Street, Rose Mary School Behind, Palayamkottai, Tirunelveli District.

2.The Deputy Registrar, Department of Co-operative Societies, Tenkasi, Tirunelveli District.

3.The Secretary, No.O.1902, Alangulam Primary Agricultural, Co-operative Societies, Alangulam, Tirunelveli District.

... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus, to call for the impugned order dated 27/12/2017 made in Na.Ka.766/2017 Tho.ve.Sa(2) passed by the 2nd respondent and subsequently quash the same as devoid of merits and further direct the respondents to grant permission for the repayment 1/3

of the loan of her husband bearing No.ML 385 on the file of the 3rd respondent under the scheme of one time settlement forthwith. For Petitioner : Mr.S.Palani Velayutham For R1 to R3 : Mr.S.R.A.Ramachandran

ORDER

Heard the learned counsel on either side.

2. The petitioner's husband availed loan from the third respondent society. He committed default. Hence, recovery proceedings were initiated. The award was also passed. Thereafter, the petitioner's husband passed away. Now, the petitioner seeks to settle the loan liability by availing One Time Settlement Scheme.

3. The learned standing counsel submits that G.O which enabled setting the loan liability through such OTS has since lapsed.

4. In any event, it is not for the writ court to direct the respondent to enter into One Time Settlement. This is a matter which the petitioner has to negotiate with the third respondent. No direction as such can be given.

5. Granting liberty to the petitioner to approach the third respondent, the Writ Petition is disposed of. No costs.

12.12.2022 Index : Yes / No Internet : Yes/ No rmi 2/3

G.R.SWAMINATHAN, J.

rmi 12.12.2022 3/3