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2023 DAILYLAW 4913 (MAD)

Palani v. The Principal secretary

WP/11200/2023 · 2026-06-17

K Surender

Transfer Petitionbody2023

Judgment text

Extracted from the PDF above. The PDF is authoritative.

WP No. 11200 of 2023 __________ Page1 of 5 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 17-06-2026 CORAM THE HON'BLE MR.JUSTICE K. SURENDER WP No. 11200 of 2023 and WMP Nos.29328 & 20376 of 2023 Palani S/o.Kamalesan, D.No.3/264, Thellanahalli,Thindal Post, Karimangalam Taluk, Dharmapuri District. ..Petitioner Vs 1. The Principal Secretary, Department of Co-operation, Food and Consumer Protection, Secretariat, Chennai-600 009. 2. Registrar of Co - operative Societies, No.170, N.V.Natrajan Maligai, Poonamalli High Road, Kilpauk, Chennai- 600 010. 3. The Joint Registrar of Co- operative Societies Collector office, Dharmapuri. 4. The Secretary, K.K.1 Bandharahalli Primary Agriculture Co- operative Credit Society, Bandharahalli, Karmangalam Taluk, Dharmapuri District. ..Respondents Writ Petition filed under Article 226 of the Constitution of India, praying for issuance of Writ of Certiorarified Mandamus, calling for the entire records relating to the impugned order bearing Na.Ka. No.1999 / 2021 Ma.Va. (1409) dated 31.05.2022 passed by the 3rd respondent and quash the same as illegal, arbitrary, in- Operative in law and further directing to the 3rd respondent to discharge petitioner’s loan bearing Account No. 00350 Dated. 29.06.2020 for the loan amount of Rs.1,05,000 /- as per the GO.No. Ms.97 Co- operative, Food and Consumer Department dated 01.11.2021. https://www.mhc.tn.gov.in/judis WP No. 11200 of 2023 __________ Page2 of 5 For Petitioner : Mr. M. Ravi For Respondents : Mr. R. Chakkaravarthy, Government Advocate ORDER The Petitioner has filed the present Writ Petition seeking a direction to the respondents to extend the benefit of G.O.Ms.No.97 (Co-operative Society, Food and Consumer Safety Department (CCI) dated 01.11.2021, and consequently, waive the loan availed by the petitioner for pledging gold. 2. It is not in dispute that the petitioner had obtained a jewel loan from the respondent- Society by pledging gold jewels. The receipt dated 29.06.2020 issued by the respondent - Society clearly shows that weight of the pledged gold jewels was 40 grams. 3. Now, the petitioner seeks waiver of the said loan by claiming the benefit of G.O.Ms.No.97 dated 01.11.2021. 4. A counter affidavit has been filed by the third respondent - Society stating that the petitioner had obtained a jewel loan by pledging jewels weighing 40 grams and 300 milligrams, as such, the benefit of the said G.O.Ms.97 is not applicable to the petitioner. https://www.mhc.tn.gov.in/judis WP No. 11200 of 2023 __________ Page3 of 5 5. Having issued a receipt dated 29.06.2020 stating that the weight of the pledged gold was 40 grams. Now, the respondents cannot turn round contend that the weight of the gold jewels was 40 grams and 300 milligrams. 6. In view of the present circumstances of the case, this Court is of the view that the benefit of the said G.O.Ms.No.97 has to be extended to the petitioner. 7. Accordingly, the impugned order bearing Na.Ka. No.1999 / 2021 Ma.Va. (1409) dated 31.05.2022 passed by the 3rd respondent is set aside and the respondents are directed to extend the benefit of G.O.Ms.No.97 (Co- operative Society, Food and Consumer Safety Department (CCI) dated 01.11.2021, to the petitioner. 8. With the above direction, the Writ Petition stands allowed. No costs. Consequently, the connected miscellaneous petitions are also closed. 17-06-2026 klt https://www.mhc.tn.gov.in/judis WP No. 11200 of 2023 __________ Page4 of 5 To 1. The Principal Secretary, Department of co- Operation, food and Consumer Protection, Secretariat, Chennai-600 009. 2. The Registrar of Co- Operative Societies, No.170, N.V.Natrajan Maligai, Poonamalli High Road, Kilpauk, Chennai- 600 010. 3. The Joint Registrar of Co- Operative Societies, Collector office, Dharmapuri. 4. The Secretary, K.K.1, Bandharahalli Primary Agriculture Co- Operative Credit Society, Bandharahalli, Karmangalam Taluk, Dharmapuri District. https://www.mhc.tn.gov.in/judis WP No. 11200 of 2023 __________ Page5 of 5 K.SURENDER, J. klt WP No. 11200 of 2023 and WMP Nos.29328 & 20376 of 2023 17-06-2026 https://www.mhc.tn.gov.in/judis