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Madras High CourtWP(MD)/33128/2025disposed of

Bhuvaneshwari P v. The Registrar Of Co-Operative Societies

2025-11-19Honourable Ms. Justice P.T. Asha5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 19.11.2025

CORAM

THE HONOURABLE MS.JUSTICE P.T.ASHA Writ Petition(MD)No.33128 of 2025 P.Bhuvaneshwari ..Petitioner Vs.

1 The Registrar of Co-Operative societies, NV Natarajan Maligai No. 170, Periyar E.V.R. High Road, Kilpauk, Chennai - 600 010 2 The Joint Registrar of Cooperative Societies, Madurai Region, Ground Floor, TPK Road, Near Palanganatham Roundana, Madurai.

3 The Secretary, Mm.3145, Highways Department Employees Co- Operative Thrift and Credit Society Ltd, Plot No.3, Maanagiri 5th Street, K.K.

Nagar, Madurai- 20.

4 P.Neithal Raja, S/o. Periyasamy, N-3/265, Angalaparameshwari Street, Thirumalpuram, Oomachikulam, Madurai- 14.

... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus directing the respondents 1 to 3 herein to attach the 4th respondent's salary towards his loan due to the 3rd respondent society on the basis of the petitioner's representation dated 17.01.2024 within the time stipulated by this Court. 1/5

For Petitioner : Mr.R.Manoharan For Respondents : Mrs.D.Farjana Ghoushia Spl. Govt. Pleader (for R1 to R3)

ORDER

This writ petition has been filed seeking issuance of a Writ of Mandamus directing the respondents 1 to 3 herein to attach the 4th respondent's salary towards his loan due to the 3rd respondent society on the basis of the petitioner's representation dated 17.01.2024 within the time stipulated by this Court.

2. Mrs.D.Farjana Ghoushia, learned Special Government Pleader takes notice for the respondents 1 to 3. Since no adverse order is going to be passed as against the fourth respondent, notice to him is dispensed with. By consent, this writ petition is taken up for final disposal at the stage of admission itself.

3. According to the petitioner, she and the fourth respondent are coemployees. The fourth respondent had requested the petitioner to stand as surety for his loan of Rs.9,00,000/-. However, the fourth respondent defaulted on the said loan. When the petitioner confronted him, he refused to repay the amount. Consequently, the petitioner submitted a 2/5

representation to the respondents, including the third respondent, requesting that the outstanding loan amount be recovered from the fourth respondent's salary and service benefits. Since the said representation has not been considered, the petitioner has approached this Court.

4. The learned Special Government Pleader appearing for the respondents 1 to 3 would submit that the representation of the petitioner will be considered in accordance with law.

5. In view of the above, this Court is of the opinion that the first respondent shall first exhaust all remedies available against the principal borrower and thereafter proceed against the surety. Accordingly, without expressing any opinion on the merits of the case, the first respondent is directed to consider the petitioner's representation dated 01.09.2025 and pass final orders on its own merits, after affording a reasonable opportunity to both the petitioner and the fourth respondent.

6. With the above observation and the direction, this writ petition is disposed of. No costs.

19.11.2025 NCC : Yes/No Index : Yes / No Internet : Yes/ No skn 3/5

To 1 The Registrar of Co-Operative societies, NV Natarajan Maligai No. 170, Periyar E.V.R. High Road, Kilpauk, Chennai - 600 010 2 The Joint Registrar of Cooperative Societies, Madurai Region, Ground Floor, TPK Road, Near Palanganatham Roundana, Madurai.

3 The Secretary, Mm.3145, Highways Department Employees Co- Operative Thrift and Credit Society Ltd, Plot No.3, Maanagiri 5th Street, K.K.

Nagar, Madurai- 20.

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P.T.ASHA, J.

skn Writ Petition(MD)No.33128 of 2025 19.11.2025 5/5