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Madras High CourtWP(MD)/28462/2022allowed

Kaleeswari v. State Of Tamil Nadu Represented By

2023-01-12Honourable Mr Justice G.R.Swaminathan5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 12.01.2023

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN and W.M.P(MD)No.22469 of 2022 Kaleeswari ... Petitioner Vs 1.The State represented by The Secretary to Co-operative Society, Secretariat, Chennai.

2.The Registrar of Co-operative Societies, Tamil Nadu Co-operative Societies, Chennai - 600 010.

3.The Joint Registrar of Co-operative Societies, Office of the Joint Registrar of Co-operative Societies, Theni Region, Theni District.

4.The Secretary, 1/5

5.The President, ... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the respondents to waive the petitioner's (up to 40 grams) jewel loan No. 81969060059537, dated 24.12.2022 in the fourth respondent office as per the G.O (Ms) No. 97, dated 01.11.2021, consequently return same jewel to the petitioner based on the representation on 06.12.2021 and subsequently representation dated 09.12.2022, within stipulated time fixed may be fixed by this Court. For Petitioner : Mr.R.Senthil Kumar For Respondents : Mr.A.Baskaran Additional Government Pleader

ORDER

Heard the learned counsel on either side.

2.The petitioner had availed jewel loan. She now wants the benefit of waiver offered in the petition mentioned Government Order. The stand of the respondents is that when audit was conducted, the pledged items were found to be weigh more than 40 gms and that therefore the petitioner was not eligible as per the petition mentioned Government Order.

2/5

3.I wanted to know the weight assessed by the Society when loan was granted. It is fairly stated that when loan was issued, the net weight was assessed as 40 gms. Having assessed the weight of the pledged items as 40 gms at the time of issuing the loan, the society cannot be allowed to change the said stand when considering the petitioner's request for waiver. Such a stand has taken by me vide order dated 01.09.2022 in W.P(MD)No.20683 of 2022 (Mathan Vs The District Collector, Madurai & two others). I had held that Society cannot be allowed to resile from the original stand and that it cannot take one stand at the time of granting loan and another stand while considering the request for waiver.

4.In this view of the matter, the respondents are directed to comply with G.O(Ms)No.97 dated 01.11.2021 in favour of the petitioner. The petitioner is declared as entitled to the benefit of the waiver. The respondent shall return the jewellery to the petitioner. If there are other formalities be complied with the same shall be adhered to. This writ petition is allowed on these terms. There shall be no order as to costs. Consequently, connected miscellaneous petition is closed.

12.01.2023 Index : Yes / No Internet : Yes / No NCC : Yes / No MGA 3/5

To 1.The Secretary to Co-operative Society, Secretariat, Chennai.

2.The Registrar of Co-operative Societies, Tamil Nadu Co-operative Societies, Chennai - 600 010.

3.The Joint Registrar of Co-operative Societies, Office of the Joint Registrar of Co-operative Societies, Theni Region, Theni District.

4.The Secretary, 5.The President, 4/5

G.R.SWAMINATHAN, J.

MGA and W.M.P(MD)No.22469 of 2022 12.01.2023 5/5