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Madras High CourtWP(MD)/31268/2025disposed of

N.Maharani v. The Joint Registrar

2025-11-05Honourable Ms. Justice P.T. Asha5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 05.11.2025

CORAM

THE HONOURABLE MS.JUSTICE P.T.ASHA Writ Petition(MD)No.31268 of 2025 and WMP(MD)No.24466 of 2025 N.Maharani ..Petitioner Vs 1.The Joint Registrar, Co-operative Societies, Theni Region, Collectorate, Theni.

2.The Deputy Registrar, Co-operative Societies, Uthamapalayam, Theni District.

3.The President/Secretary, M.D.Autonomous - 190, Lakshminaickenpatti, Primary Agricultural Co-operative Credit Society Laksminaickenpatti, Uthamapalayam Taluk, Theni District.

..Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorari to call for the records order of the 3rd respondent dated 30.09.2025 and to quash the same as arbitrary and illegal.

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For Petitioner : Mr.R.Suriya Narayanan For Respondents : Mrs.D.Farjana Ghoushia Spl. Govt. Pleader (for R1 & R2)

ORDER

This writ petition has been filed seeking issuance of a Writ of Certiorari to call for the records relating to the order of the 3rd respondent dated 30.09.2025 and to quash the same as arbitrary and illegal. Under the impugned order, the third respondent has demanded a sum of Rs. 3,08,276/-, which includes Rs.1,31,931/- as interest and Rs.26,320/- as penal interest.

2. Heard the learned counsel for the petitioner and Mr.D.Sasikumar, learned Special Government Pleader appearing for respondents 1 and 2. The records have been perused. Since no adverse order is proposed to be passed, notice to the third respondent is dispensed with.

3. It is evident that the petitioner had earlier challenged the rejection of his loan waiver before this Court, and both the writ petition and the subsequent writ appeal were dismissed. Therefore, the issue of his eligibility for loan waiver has attained finality. Even after such finality, the petitioner has again questioned the loan demand, including interest and penal interest, which amounts to an indirect attempt to reopen an issue that 2/5

stands concluded. The petitioner has not disputed that she availed the loan and has not repaid it. Once her claim for waiver has been finally rejected, she remains liable to repay the dues. Hence, he cannot raise the same contentions once again to avoid repayment.

4. In view of the above, this writ petition is disposed of with the following directions:

(i) The petitioner shall pay 50% of the principal amount indicated in the impugned demand, along with applicable interest, within one month from today.

(ii) As regards the balance amount, the petitioner is at liberty to submit a representation to the 3rd respondentSociety seeking negotiation or reconsideration. (iii) Upon receipt of such representation, the 3rd respondent shall consider the same and pass appropriate orders after providing an opportunity of hearing to the petitioner.

No costs. Consequently, the connected miscellaneous petition is closed. 05.11.2025 NCC : Yes/No Index : Yes/No Internet:Yes skn 3/5

To 1.The Joint Registrar, Co-operative Societies, Theni Region, Collectorate, Theni.

2.The Deputy Registrar, Co-operative Societies, Uthamapalayam, Theni District.

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P.T.ASHA, J.

skn Writ Petition(MD)No.31268 of 2025 and WMP(MD)No.24466 of 2025 05.11.2025 5/5