IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 18-03-2025 CORAM THE HONOURABLE MR JUSTICE J.SATHYA NARAYANA PRASAD WP NO. 9180 of 2025 S.Gayathri W/o.K.Samidurai, Kanaiyar Village And Post, Ulundurpettai Taluk, Kallakurichi District-606 107. Petitioner(s) Vs 1.The District Collector Office Of The District Collector, Kallakurichi-606 202. 2. The Deputy Registrar Of Cooperative Society Thirukovilur Zone, Thirukovilur Taluk, Kallakurichi District-605 766. 3. The Administrator/Special Officer II, 587, A.Kumaramangalam Primary Agricultural Cooperative Credit Society, A.Kumaramangalam, Kanaiyar Post, Ulundurpettai Taluk, Kallakurichi District-606 107. Respondent(s) PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Certiorarified Mandamus, to call for the records in connection with the impugned order passed by the second respondent in his proceedings in Na.Ka.No.1497/2023/Ka(1), dated 23.11.2023 and quash the same and consequently direct the respondents to extend the benefits of the jewels loan waiver scheme vide G.O.Ms.No.97(Co-operative Society Food and Consumer Safety Department(CC1), dated 01.11.2021 by returning the jewels to the petitioner under the Jewel Loan.no.4019 on the file of the 3rd respondent, within the stipulated time. For Petitioner(s): D.Murugan B.Cheliyan For Respondent(s): https://www.mhc.tn.gov.in/judis MR.S.RAVIKUMAR Sl.GP for RR 1 AND 2 MR.C.SELVARAJ AGP FOR R3 ORDER This Writ Petition has been filed seeking for issuance of a Writ of Certiorarified Mandamus, to call for the records in connection with the impugned order passed by the second respondent in his proceedings in Na.Ka.No.1497/2023/Ka(1), dated 23.11.2023 and quash the same and consequently direct the respondents to extend the benefits of the jewels loan waiver scheme vide G.O.Ms.No.97(Co-operative Society Food and Consumer Safety Department(CC1), dated 01.11.2021 by returning the jewels to the petitioner under the Jewel Loan.no.4019 on the file of the 3rd respondent, within the stipulated time. 2. The learned counsel for the petitioner would submit that at the time of pledging the jewels on 23.09.2020, the jewels were weighed only 40 grams. He further submitted that since waiver under the above said scheme was not granted to the petitioner, she approached the District Level Grievance Committee. After re-measurement of the said jewels, it was 40.250 milli grams and the same was mentioned in the impugned order passed by the second respondent vide Na.No.1497/2023/A(1) dated 23.11.2023. The learned counsel placed reliance on the judgment of the First Bench of this Court in Writ Appeal no.927 of 2024 dated 20.03.2024 in the case of “The President, Gingee Primary Agricultural Co-operative Credit Society, Gingee, Villupuram District versus A.Shanthi https://www.mhc.tn.gov.in/judis and others”. In that case, the petitioner therein, pledged the jewels on 27.10.2021. At the time of pledging, it was about 40 grams of net weight and when the same was remeasured , it was about 40.500 milli grams. On that ground, the petitioner was held to be dis-entitled for the benefits extended under the jewel loan waiver scheme and hence, she approached this Court in W.P.No.23900 of 2023 and a learned single Judge of this Court has allowed the Writ Petition. Challenging the said order, the appellant/society has filed the Writ Appeal. The First Bench of this Court, has dismissed the Writ Appeal and the relevant portion found in paragraphs 6 to Writ Petition and the relevant portion found in Para 7 of the judgment, is extracted as under: “6. The admitted position is that the first respondent availed the loan on 27.1.2021 by pledging her jewels. At the time when the jewels were pledged, the appellant issued a receipt stating that the gross weight of the pledged jewels is 40 grams and the net weight is 34 grams. It appears that, thereafter, the government issued G.O.Ms.No.97, dated 1.11.2021, extending the benefit of jewel loan waiver scheme to the members of the cooperative society. The benefit was given to those borrowers who had pledged the jewels weighing up to 40 grams. 7. The first respondent sought to avail the benefit of the said government order. It is the case of the appellant that the pledged jewels were re-measured subsequently and they weighed 40.500 grams. On that ground, the first respondent was held to be disentitled to the benefit extended under the jewel loan waiver scheme. 8. In any event, the appellant would be bound by the receipt issued at the time of https://www.mhc.tn.gov.in/judis pledging of the jewels by the first respondent. The learned Single Judge has rightly considered the said aspect. The learned Single Judge has not committed any error while allowing the writ petition and extending the benefit of G.O.Ms.No.97, dated 1.11.2021, to the first respondent. 8. For the foregoing reasons, the writ appeal is dismissed. There shall be no order as to costs. Consequently, C.M.P.No.6554 of 2024 is closed.” 3. The learned Special Government Pleader appearing for the first and second respondents on instructions, reported that the Deputy Registrar, Tambaram vide order dated 18.03.2025 submitted that since the jewels of the petitioner weighing 40.250 milli grams, he was not entitled for the benefits extended under the jewel loan waiver Scheme under G.O.Ms.No.97, Co-operative Society Food and Consumer Safety Department(CC1) dated 01.11.2021. 4. Heard the learned counsel on either side and perused the entire material available on record. 5. In view of the ratio laid down by the First Bench of this Court, the petitioner is entitled for the benefits under the Jewel loan waiver Scheme vide G.O.Ms.97 dated 01.11.2021 https://www.mhc.tn.gov.in/judis and accordingly, the Writ Petition is allowed extending the benefit of the said G.O to the petitioner. The third respondent is directed to return the jewels of the petitioner vide G.O.Ms.No.250 within a period of eight (8) weeks from the date of receipt of a copy of this order. No costs. 18-03-2025 To 1. The District Collector Office Of The District Collector, Kallakurichi-606 202. 2. The Deputy Registrar Of Cooperative Society Thirukovilur Zone, Thirukovilur Taluk, Kallakurichi District-605 766. 3. The Administrator/special Officer II, 587, A.Kumaramangalam Primary Agricultural Cooperative Credit Society, A.Kumaramangalam, Kanaiyar Post, Ulundurpettai Taluk, Kallakurichi District-606 107. https://www.mhc.tn.gov.in/judis J.SATHYA NARAYANA PRASAD, J dn WP.No.9180 of 2025 18.03.2025 https://www.mhc.tn.gov.in/judis