Saraswathi v. The Reserve Bank Of India
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 02.09.2024
CORAM
THE HONOURABLE MR.JUSTICE MOHAMMED SHAFFIQ and M.P(MD)No.1 of 2015 and W.M.P(MD)No.8424 of 2017 Saraswathi ... Petitioner Vs.
1.The Reserve Bank of India, Represented through its Regional Director, No.16, Rajaji Salai, Fort Glacis, Chennai-600 001.
2.The Government of Tamil Nadu, Represented through its Secretary, The Food Co-operative and Consumer Protection Department, Fort St. George, Chennai-600 009.
3.The Deputy Registrar of Co-operative Societies, Kokkirakulam, Tirunelveli-627 009.
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4.The Liquidator, A.548, Karisalkulam Primary Agricultural Co-operative Bank Limited, A.Karisalkulam-627 719, Thiruvenkadam Via, Sankarankovil Taluk, Tirunelveli District.
... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the fourth respondent to disburse a sum of Rs.1,00,630/- which is the maturity value as on 18.05.2003, along with subsequent interest at the same rate of interest till the disposal of the entire amount, by acting within Section 139 of Tamil Nadu Cooperative Societies Act 1983 and Rule 114 of the Tamil Nadu Co-operative Societies Rules 1988, as per the directions of this first respondent in banking business, within a stipulated period, as fixed by this Court and pass such other orders, as this Court.
For Petitioner : Mr.F.X.Eugene For Respondents : Mr.J.K.Jayaselan Government Advocate
ORDER
The present writ petition is filed for Mandamus, directing the fourth respondent to disburse a sum of Rs.1,00,630/- which is the maturity value as on 18.05.2003, along with subsequent interest at the same rate of interest till the disposal of the entire amount, by acting within Section 139 of Tamil Nadu Co2/6
operative Societies Act 1983 and Rule 114 of the Tamil Nadu Co-operative Societies Rules 1988, as per the directions of this first respondent in banking business.
2. It is submitted that the respondent Society had gone into liquidation. However, subsequently it stands revived. It is submitted that the petitioner may be granted liberty to file a fresh representation taking into account the subsequent event, viz., revival of the respondent Society.
3. The learned Government Advocate for the respondent would submit that if any such representation is made, the same would be considered and orders shall be passed in accordance with law.
4. Recording the same, the writ petition stands disposed of and the petitioner is permitted to submit a fresh representation before appropriate authority within a period of two (2) weeks from the date of receipt of a copy of this order. If any such representation is made within two weeks, appropriate authority shall consider and pass orders, after affording the petitioner a reasonable opportunity of hearing within a period of four weeks thereafter. 3/6
There shall be no order as to costs. Consequently, connected Miscellaneous Petitions stand closed.
02.09.2024 NCC : Yes / No Index : Yes / No Internet : Yes BTR Note: Issue order copy on 04.09.2024.
To 1.The Regional Director, Reserve Bank of India, No.16, Rajaji Salai, Fort Glacis, Chennai-600 001.
2.The Secretary, The Government of Tamil Nadu, The Food Co-operative and Consumer Protection Department, Fort St. George, Chennai-600 009.
3.The Deputy Registrar of Co-operative Societies, Kokkirakulam, Tirunelveli-627 009.
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4.The Liquidator, A.548, Karisalkulam Primary Agricultural Co-operative Bank Limited, A.Karisalkulam-627 719, Thiruvenkadam Via, Sankarankovil Taluk, Tirunelveli District.
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MOHAMMED SHAFFIQ , J.
BTR 02.09.2024 6/6