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Madras High CourtWP(MD)/20842/2016dismissed

A.Murugan, v. The Joint Registrar Of

2024-11-12Honourable Mr Justice K.Kumaresh Babu5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 14.11.2024

CORAM:

THE HONOURABLE MR.JUSTICE K.KUMARESH BABU W.P.(MD) No.20842 of 2016 and W.M.P.(MD) No.14881 of 2016 A.Murugan .. Petitioner Vs.

1.The Joint Registrar of Co-operative Societies, Office of the Joint Registrar of Cooperative Societies, Collectorate Complex, 2nd Floor, Room No.220, Dindigul-4.

2.The Deputy Registrar of Cooperative Societies, Office of the Assistant Registrar of Cooperative Societies, No.11, State Bank Colony, Nehruji Nagar, Dindigul.

3.The President, DD537, Narasingapuram Primary Agricultural Co-operative Credit Society, Narasingapuram Post, A.Vellodu, Dindigul Taluk (Via), Dindigul District.

.. Respondents Prayer: Petition filed under Article 226 of the Constitution of India, praying for issuance of Writ of Certiorarified Mandamus, to call for the

records pertaining to Impugned order in Na.Ka.No.1688/2016/Be Se Sa, dated 10.09.2016 on the file of the second respondent and enquiry report dated 09.09.2016 and quash the same and consequently direct respondents 1 and 2 to extend the benefit covered under the G.O.No.59 Cooperation, Food and Consumer Protection Department dated 28.06.2016 to the petitioner in respect of the loan accountant No.MT. 82235 availed by the petitioner from the third respondent Society. For Petitioner :

Mr.J.Lawrance For Respondents :

Mr.J.K.Jeyaselan Government Advocate

ORDER

This writ petition has been filed challenging a notice rejecting the objections raised by the petitioner with regard to his non-inclusion of name in the beneficiaries, who were extended benefits of waiver of Crop Loan under G.O.(Ms) No.59, Cooperation, Food and Consumer Protection (CC1) Department, dated 28.06.2016.

2. The learned counsel for the petitioner would submit that the petitioner had availed loan by mortgaging his property in favour of the

third respondent. However, under the impugned order, it has been held that the petitioner owns more than five acres of land and therefore, he would not be entitled for the benefit of waiver of the agricultural loan. He would submit that the petitioner owns only 5 acres of land.

3. On the contrary, the learned Government Advocate by relying upon a proceedings initiated under Section 90 of the Tamil Nadu Cooperative Societies Act, 1983, had contended that the petitioner owns nearly about 11 acres of land under Patta No.687, issued by the Revenue Authorities.

4. The said statement had not been refuted by the learned counsel for the petitioner.

5. In view that the petitioner owns more than 5 acres of land, he is not entitled for the benefit of G.O.(Ms) No.59, Cooperation, Food and Consumer Protection (CC1) Department, dated 28.06.2016 and therefore, no interference is required to be made in the impugned order and

accordingly, this Writ Petition stands dismissed. There shall be no order as to costs. Consequently, connected miscellaneous petition is closed. 14.11.2024 NCC : Yes/No Index : Yes/No Internet : Yes abr/rjr To 1.The Joint Registrar of Co-operative Societies, Office of the Joint Registrar of Cooperative Societies, Collectorate Complex, 2nd Floor, Room No.220, Dindigul-4.

2.The Deputy Registrar of Cooperative Societies, Office of the Assistant Registrar of Cooperative Societies, No.11, State Bank Colony, Nehruji Nagar, Dindigul.

3.The President, DD537, Narasingapuram Primary Agricultural Co-operative Credit Society, Narasingapuram Post, A.Vellodu, Dindigul Taluk (Via), Dindigul District.

K.KUMARESH BABU, J.

abr/rjr W.P.(MD) No.20842 of 2016 Dated: 14.11.2024