Madras High CourtWP(MD)/20854/2019disposed of

C.Chinniah v. The Govt.Of Tamil Nadu

2019-09-30Honourable Mr Justice M. Govindaraj3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 30.09.2019

CORAM:

THE HONOURABLE MR.JUSTICE M.GOVINDARAJ C.Chinniah .. Petitioner Vs.

1.The Government of Tamil Nadu, rep. vt its Principal Secretary, Cooporation, Food and Consumer Production Department, Fort St. George, Chennai - 600 009.

2.The Registrar of Cooperative Societies, Periyar EVR High Road, Kilpauk, Chennai - 600 010.

3.The Joint Registrar of Cooperative Societies, Sivagangai Region, Sivagangai.

4.The Deputy Registrar of Cooperative Societies, Karaikudi, Sivagangai District.

5.N.N.544, Ulagampatty Primary Agricultural Cooperative Credit Society, rep.by its Secretary, Ulagampatti Post, Singampunari Taluk, Sivagangai District.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India praying for the issuance of a writ of Mandamus directing the respondents 1 to 4 to direct the 5th respondent to return the deposit amount Rs.23,000/- to the petitioner which was deposited by him with the 5th Respondent vide fixed deposit Receipt Nos.002902 dated 04-03-2017 and 0412 dated 18-06-2003 with interest at the rate of 18 percent per annum from the date of deposit to the date of payment within the time frame fixed by this Court. 1/3

For Petitioner : Mr.M.Saravanan For R1 to R4 : Mr.M.Rajarajan Government Advocate For R5 : Mr.R.Murugan Additional Government Pleader

ORDER

The Petitioner prays for issuance of a Writ of Mandamus to direct the respondents 1 to 4 to direct the fifth respondent to return the deposit amount of Rs.23,000/- to the Petitioner which was deposited by him with the fifth respondent vide Fixed Deposit Receipt Nos.002902 dated 04.03.2017 and 0412 dated 18.06.2003 with interest at the rate of 18% per annum from the date of deposit to the date of payment.

2.Heard the submissions made on either side.

3.The learned counsel for the Petitioner would submit that the petitioner had deposited a sum of Rs.23,000/- to the fifth respondent in Fixed Deposit Receipt Nos.002902 dated 04.03.2017 and 0412 dated 18.06.2003. Even though for the above said deposits, the maturity period is over, the petitioner was not in a position to get back his money and similarly placed persons also made a request for the same. But inspite of repeated representations made to the fifth respondent to return the money, so far, no fruitful result is forthcoming. By letter, dated 31.7.2014 in Na.Ka.No.41/2014, Sa.Pa, the fourth respondent sent a proposal to the Government to sanction the said money and as and when the Government sanctions money, the said deposited amount will be returned to the depositors.

The fifth respondent inspite of directions being issued, has not returned the money and they have returned the money to some persons, who are influential and they have not returned the Petitioner's money. Aggrieved by the said act of the fifth respondent, the Petitioner has approached this Court by way of mandamus. 4.Similarly placed persons have filed Writ Petition before this Court in W.PMD)Nos.15933 of 2017 and 15944 of 2017 and orders has been passed by this Court directing the respondents therein to refund the Petitioners' money within a period of two weeks from the date of receipt of a copy of this order with 18% interest per annum and the Petitioner's case is also placed in the same pedestal. 5.

Accordingly, the respondents concerned are directed to refund the Petitioner's money deposited by him, with 18% interest per annum within a period of two weeks from the date of receipt of a copy of this order. The petitioner's statement is that it is his hard earned money, which has to be returned to him and the respondents are duty bound to return the same to the Petitioner.

6.With the above directions, the Writ Petition stands disposed of. No costs.

Sd/- Assistant Registrar(AD-II) // True Copy // Sub Assistant Registrar(CS) mj To 1.The Principal Secretary, Government of Tamil Nadu, Cooporation, Food and Consumer Production Department, Fort St. George, Chennai - 600 009.

2.The Registrar of Cooperative Societies, Periyar EVR High Road, Kilpauk, Chennai - 600 010.

3.The Joint Registrar of Cooperative Societies, Sivagangai Region, Sivagangai.

4.The Deputy Registrar of Cooperative Societies, Karaikudi, Sivagangai District.

5.The Secretary, N.N.544, Ulagampatty Primary Agricultural Cooperative Credit Society, Ulagampatti Post, Singampunari Taluk, Sivagangai District.

+1CC TO MR.R.SUBRAMANIAN, Advocate Sr. No.90482 +1CC TO THE SPECIAL GOVERNMENT PLEADER SR.No. 90879 W.P.(MD)No.20854 of 2019 30.09.2019 SVN(CO) TR(14.10.2019) 3P 8C 3/3