Madras High CourtWP(MD)/7235/2013disposed of

C.Stanley v. Chinthamani

2016-01-21Honourable Mr Justice N. Kirubakaran2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 21.01.2016

CORAM

THE HONOURABLE MR.JUSTICE N.KIRUBAKARAN W.P(MD).No.7235 of 2013 C. Stanley ..Petitioner Vs.

Chinthamani ..Respondent The Tiruchirappalli Consumers Co-operative wholesale stores Ltd., No.R.619, Represented by its Special Officer, No.12/1, E.V.R.Road, Post Box No.610, Puthur, Trichy-11.

Prayer: Petition filed under Article 226 of the Constitution of India to issue a Writ of Certiorarified Mandamus calling for the entire records pertaining to proceedings of the respondent in Na.Ka.Chint.1017/Kanaku/2012-13, dated 06.02.2013 on the file of the respondent and quash the same as illegal, incompetent and ultravires and consequently, direct the respondent to pay the interest for the fixed deposits made in L.F.No.57/111 and L.F.No.58/111 with accrued interest from the date of due to till date of realization of the entire amount with cost.

For Petitioner ...

Ms. M. Anbarasi For Respondent ...

Mr. M. Murugan Government Advocate

ORDER

This Writ Petition has been filed praying to call for the entire records pertaining to proceedings of the respondent in Na.Ka.Chint.1017/Kanaku/2012-13, dated 06.02.2013 on the file of the respondent and quash the same as illegal, incompetent and ultravires and consequently, direct the respondent to pay the interest for the fixed deposits made in L.F.No.57/111 and L.F.No.58/111 with accrued interest from the date of due to till date of realization of the entire amount with cost.

2. The petitioner deposited a sum of Rs.1,00,000/- by way of two deposit of 50,000/- Rupees with the respondent. The Fixed Deposit got matured on expiry of two years. After maturity, the principal amount was paid, however, no interest was paid. Therefore, the petitioner made a representation and by virtue of the order passed by this Court in W.P. (MD).No.10528 of 2012, filed by the petitioner, the petitioner's representation was considered and order dated 06.02.2013 has been passed, rejecting the petitioner's claim for interest. The said order is being challenged before this Court.

3. Heard Ms. M. Anbarasi, learned counsel appearing for the petitioner and Mr. M.Murugan, learned counsel appearing for the respondent.

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4. It is represented that the respondent Co-operative Society went into liquidation.

5. In view of that no order could be passed against the respondent. However, the petitioner can approach the official liquidator for any claim with regard to the respondent Society.

6. Accordingly, the Writ Petition is disposed of. No costs. Consequently, connected Miscellaneous Petition is closed. Sd/- Assistant Registrar(Crl.side) /True Copy/ Sub Assistant Registrar(CS) Madurai Bench of Madras High Court, Madurai-23.

To The Special Officer, Chinthamani The Tiruchirappalli Consumers Co-operative wholesale stores Ltd., No.R.619, No.12/1, E.V.R.Road, Post Box No.610, Puthur, Trichy-11.

+1cc to M/s.P.Thangavel, Advocate in SR.3505 W.P(MD).No.7235 of 2013 21.01.2016 trp PBK/SK-SKN 10/02/2016 ::2P-3C::

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