W.P.No.33222 of 2024 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 21.02.2025 CORAM: THE HONOURABLE MR.JUSTICE J. SATHYA NARAYANA PRASAD W.P.No.33222 of 2024 M.Tamilselvi … Petitioner vs 1.State of Tamil Nadu Rep by its Secretary Department of Cooperation, Food and Consumer Protection, Secretariat, Chennai. 2.The Deputy Registrar of Cooperative Societies Coimbatore Region, Coimbatore. 3.The Branch Manager Coimbatore City Cooperative Bank Limited No.31-35 Sigma Towers Dr.Narayanasamy layout Pappaniackenpalayam Coimbatore – 37. … Respondents 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 from the 2nd respondent in Na.Ka.No.1016/2023/Niva dated 16.09.2024 to quash the same and to direct the respondents 1 to 3 to hand over the gold jewels of the petitioner under Jewel Loan No.129085 on the basis of the Government Order MS.97 passed by the cooperation, food and Consumer 1/6 https://www.mhc.tn.gov.in/judis W.P.No.33222 of 2024 Protection Department dated 01.11.2021 within time as stipulated by this Court. For Petitioner : Mr.M.Saravanakumar For Respondents : Mr.P.Ganesh, GA for R1 and R2. Mr.Kanimozhi Mathi for R3. O R D E R This writ petition has been filed to call for the records from the 2nd respondent in Na.Ka.No.1016/2023/Niva dated 16.09.2024 to quash the same and to direct the respondents 1 to 3 to hand over the gold jewels of the petitioner under Jewel Loan No.129085 on the basis of the Government Order MS.97 passed by the cooperation, food and Consumer Protection Department dated 01.11.2021. 2. The learned counsel for the petitioner submitted that the petitioner had pledged only 38 grams of gold on 24.12.2020 vide loan No.129085, as per GO.Ms.No.97 passed by the Cooperation, Food and Consumer Protection Department dated 01.11.2021, the upper limit is 40grams of gold, hence, the pledged gold jewels by the petitioner is within the prescribed limit. He would submit that the jewels which he pledged contains stones, so the authorities comes to the conclusion that the jewels pledged by the 2/6 https://www.mhc.tn.gov.in/judis W.P.No.33222 of 2024 petitioner comes to 44.1grams is not correct. Since the stone weight in the gold jewels were not taken into consideration. He would further submit that as per Go.Ms.97 dated 01.11.2021, the gold jewel loan has been waived and the gold jewels were handed over to the petitioner. 3. The learned standing counsel for the 3rd respondent submitted that there is an appeal remedy is available to the petitioner. The petitioner without exhausting the aforesaid remedy, directly filed the present writ petition. She would further placed her reliance on the order passed by this Court in WP.No.7495 of 2022 dated 27.04.2022, wherein this Court directed the petitioner therein to approach the District level Redressel Committee of Coimbatore Region. 4. The learned Government Advocate appearing for the respondents 1 and 2 submitted that as per GO.Ms.97 dated 01.11.2021, the upper limit is either 8 sovereign or 40 grams. In the present case on hand, the gold jewel weight exceeded 40 grams and it is around 44grams. 3/6 https://www.mhc.tn.gov.in/judis W.P.No.33222 of 2024 5. Heard the learned counsel for the petitioner and the learned Government advocate for the respondents 1 and 2 and the learned standing counsel for R3 and perused the materials available on record. 6. In view of the submissions made by the learned standing counsel appearing for the 3rd respondent, the petitioner is directed to approach the District level Redressel Committee of Coimbatore Region. 7. This Court, following the earlier order passed by this Court in WP.No.7495 of 2022 dated 27.04.2022, inclined to issue the following directions :- (i) The petitioner is directed to submit a representation to the District level Redressel Committee of Coimbatore Region within a period of two weeks from the date of receipt of a copy of this order. (ii)On receipt of such representation, the District level Redressel Committee of Coimbatore Region shall consider the representation of the petitioner on merits and in accordance with law and to pass appropriate orders within a period of four weeks thereon. 4/6 https://www.mhc.tn.gov.in/judis W.P.No.33222 of 2024 8. With the above observations and direction, this writ petition is disposed of. No costs. 21.02.2025 Speaking order / Non-speaking order Index : Yes / No Neutral Citation : Yes / No tsh To 1.State of Tamil Nadu Rep by its Secretary Department of Cooperation, Food and Consumer Protection, Secretariat, Chennai. 2.The Deputy Registrar of Cooperative Societies Coimbatore Region, Coimbatore. 3.The Branch Manager Coimbatore City Cooperative Bank Limited No.31-35 Sigma Towers Dr.Narayanasamy layout Pappaniackenpalayam Coimbatore – 37. 5/6 https://www.mhc.tn.gov.in/judis W.P.No.33222 of 2024 J. SATHYA NARAYANA PRASAD , J. tsh W.P.No.33222 of 2024 21.02.2025 6/6 https://www.mhc.tn.gov.in/judis