Ayyavu, S/O.Kathalinga Velalar v. The Joint Registrar Of

W.P.(MD)No.4208 of 2017 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 03.09.2020

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P.(MD)No.4208 of 2017 Ayyavu ... Petitioner Vs.

1.The Joint Registrar of Co-operative Societies, Thanjavur Region, Medical College Road, Thanjavur.

2.The Deputy Registrar of Co-operative Societies, Pattukkottai, Thanjavur District.

3.The President, T-1030, Thamarankottai Primary Agricultural Co-operative Society, Thamarankottai, Pattukkottai Taluk, Thanjavur District.

... Respondents Prayer: Writ petition is filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus, to call for the records of the first respondent herein in pursuant to the impugned order in Na.Ka.No.5729/2016/bjh.nt.T.f.r. Dated 19.09.2016 confirming the impugned order of the second respondent in Na.Ka.No.1852/2016/Ftpf. dated 10.09.2016 and quash the same and directing the respondents to include the petitioner's name in the waiver of Crop Loan Outstanding List as per G.O.(Ms) No. 59 dated 28.06.2016.

For Petitioner : Mr.S.Deenadhayalan For Respondents : Mr.S.Angappan, Government Advocate

O R D E R

Heard the learned counsel for the Writ Petitioner and the learned Government Advocate for the respondents. 2.The petitioner had availed loan from the third respondent society. The petitioner claimed the benefit of the loan waiver scheme introduced by the Government vide G.O.Ms.No.59 Co-operation, Food and Consumer Protection (CC1) Department dated 28.06.2016. The petitioner's request was rejected by the impugned order dated 10.09.2016, the same is put to challenge in this Writ Petition. https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P.(MD)No.4208 of 2017 3.This Court called upon the respondents to carefully verify the revenue records and make a statement as to whether the petitioner's land holding is within the ceiling limit or it was in excess of the ceiling limit on the cut off date. After verification, a statement is made today that as per the revenue records, the petitioner's land holding is within the ceiling limit. Therefore, the petitioner's entitlement cannot be in doubt. In this view of the matter, the order impugned is set aside. The respondents are directed to extend the benefit of the petition mentioned land waiver scheme to the petitioner.

4. This Writ Petition is allowed. No costs.

Sd/- Assistant Registrar (CS-I) // True Copy // Sub Assistant Registrar(CS) das Note : In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

To

1. The Joint Registrar of Co-operative Societies, Thanjavur Region, Medical College Road, Thanjavur.

2. The Deputy Registrar of Co-operative Societies, Pattukkottai, Thanjavur District.

3. The President, T-1030, Thamarankottai Primary Agricultural Co-operative Society, Thamarankottai, Pattukkottai Taluk, Thanjavur District.

+1cc to Spl GP SR.No.15954.

W.P.(MD)No.4208 of 2017 03.09.2020 CS: 14.09.2020 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2