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Madras High CourtWP(MD)/26092/2019dismissed

S.Palanisamy (Died) v. The Registrar Of Cooperative Society

2025-01-23Honourable Mr Justice B.Pugalendhi6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 23.01.2025

CORAM:

THE HONOURABLE MR.JUSTICE B.PUGALENDHI and WMP(MD)No.9434 of 2022 S.Palanisamy (Died) P.Manivelavan .. Petitioner [Petitioner substituted vide order dated 22.01.2025] v.

1.The Registrar of Co-operative Society, Chennai, Ponnamallee High Road, Kilpauk, Chennai - 10.

2.The Joint Registrar of Co-operative Society, Tirunelveli, Tirunelveli District.

3.The Deputy Registrar of Co-operative Society, 4.The Secretary, T.C.73, Tuticorin Division, Telegraph Engineering & Employees Co-operative T & C Society Ltd., Thoothukudi Division, Thoothukudi District.

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5.The Superintendent of Police, 6.The Inspector of Police, Kolenkinaru Police Station, Thoothukudi District.

7.A.Rathinakumar .. Respondents PRAYER: Petition filed under Article 226 of the Constitution of India seeking issuance of a Writ of Mandamus directing the respondents 1 to 3 to take action on the malpractice committed by the fourth respondent Society and to return the amount, which was deducted from the petitioner's salary of Rs.4,13,269/- in the light of the petitioner's representation dated 25.06.2019.

For Petitioner : Mr.S.P.Veerapandi For Respondents : Mr.K.Balasubramani Special Government Pleader for R.1 to R.3, R.5, R.6 Mr.D.Shanmugaraja Sethupathy for R.4 ***** 2/6

ORDER

The petitioner is an employee of BSNL and also a member of the fourth respondent thrift Society. The petitioner has approached this Court seeking a mandamus to the respondents 1 to 3 that the fourth respondent has taken loan in his name, without his knowledge. 2.Learned Counsel for the petitioner has produced the copy of a register and submitted that the petitioner's signature has been tampered by the fourth respondent and loans have been availed in the name of the petitioner.

3.Learned Counsel for the fourth respondent Society submitted that the petitioner has availed several loans from the Society and all those loans have been credited to this petitioner through cheques. He further submitted that the loan repayment amount is being deducted from the petitioner's salary by his employer and is being credited in the Society Account. 3/6

4.It appears that the petitioner has retired from service in the year 2015 and has made this allegation that he has not availed the loan in the year 2019 and filed this writ petition. Since it is reported that all the loans have been credited only through bank transactions, via cheques and the repayment amount have also been deducted and paid to the Society from the petitioner's salary account itself, this Court is not inclined to entertain this writ petition.

Accordingly, this writ petition is dismissed. There shall be no order as to costs. Consequently, connected miscellaneous petition is closed. Index :

Yes / No 23.01.2025 NCC :

Yes / No gk To 1.The Registrar of Co-operative Society, Ponnamallee High Road, Kilpauk, Chennai - 10.

2.The Joint Registrar of Co-operative Society, Tirunelveli, Tirunelveli District.

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3.The Deputy Registrar of Co-operative Society, 4.The Superintendent of Police, 5.The Inspector of Police, Kolenkinaru Police Station, Thoothukudi District.

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B.PUGALENDHI, J.

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