Disposed

R.Vaithiyalingam, v. The State of Tamil Nadu, rep.

Madras HC31 Jan 2017WP/2305/2017

Case brief

AI extract

What is this about?

Writ petitioner sought mandamus to waive crop loans for society members based on specific Government Orders. The court held no representation was filed with the correct authority. Petitioner was directed to submit a fresh representation within two weeks, after which the respondent must decide within eight weeks.

What did the court decide?

Petitioner directed to make fresh representation to First Respondent within two weeks; First Respondent to consider it and pass orders within eight weeks.

R.Vaithiyalingam, Vs The State of Tamil Nadu, rep. — Cooperative Societies | Madras HC (2017)

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED: 31.01.2017

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CORAM:

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THE HONOURABLE MR. JUSTICE D. KRISHNAKUMAR

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W.P.No.2305 of 2017

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R.Vaithiyalingam Petitioner

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Versus 1.The State of Tamil Nadu Rep. By Secretary to Government, Co- Operation Food and Consumer, Protection Department, Fort St. George, Chennai 600 009. 2.The Registrar of Co-operative Societies, Kilpauk, Chennai – 600 010.

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3.The District Collector, Thiruvarur District.

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4.The Joint Registrar of Co-operative Societies, Thriuvarur Region.

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5.The President, T-1344, Neetamangalam Primary Agricultural Co-operative Credit Society Limited, Needamangalam, Tiruvarur District – 614 404. .. Respondents

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Prayer: The Writ Petition is filed under Article 226 of the Constitution of India, seeking for a Writ of mandamus, directing the respondents to dispose the petitioner's representation dated 19.12.2016 and to waive the crop loan to the members of the 5^th respondent society in the light of G.O.Ms.No.50, dated 23.05.2016, and guidelines issued in G.O.Ms.No.59, dated 28.06.2016 for waiver of the loans which deems fit in the circumstances.

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For Petitioner : Mrs.T.P.Savitha For RR1 & 3 : Mr.M.Elumalai, GA For RR2,4 & 5 : Mr.V.Selvaraj, AGP

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O R D E R

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The petitioner has filed this Petition, praying to https://hcservices.ecourts.gov.in/hcservices/ directing the respondents to dispose the petitioner's

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representation dated 19.12.2016 and to waive the crop loan to the members of the 5 th respondent society in the light of G.O.Ms.No.50, dated 23.05.2016, and guidelines issued in G.O.Ms.No.59, dated 28.06.2016 for waiver of the loans which deems fit in the circumstances.

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2. The learned counsel for the petitioner has submitted that so for no order has been passed by the respondent by considering the petitioner's representation dated 19.12.2016, for waiving the crop loan. Hence, the petitioner has filed the present Writ Petition.

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3. The learned Government Advocate appearing for the first respondent has submitted that the petitioner has submitted his representation to the 3 rd respondent, copy of the said representation only marked to the first respondent. If the petitioner give his representation to the first respondent, the respondent shall consider the same in accordance with law, within a reasonable time that may be fixed by this Court.

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In view of the submission of the counsel for both sides, this Court is inclined to direct the petitioner to make a fresh representation to the first respondent, within a period of two weeks from the date of receipt of a copy of this order, along with this order copy. On receipt of the said representation, the first respondent is directed to consider the petitioner's representation and pass orders, on merits and in accordance with law as expeditiously as possible, preferably within a period of eight weeks from the date of receipt of a copy of this order.

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With the above observations and directions, the Writ Petition is disposed of. No Costs.

Sd/-

Asst.Registrar

/true copy/

Sub Asst. Registrar

1.The Secretary to Government The State of Tamil Nadu,

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Protection Department,

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Fort St. George, Chennai 600 009.

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2.The Registrar of Co-operative Societies, Kilpauk, Chennai – 600 010.

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3.The District Collector,

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Thiruvarur District. https://hcservices.ecourts.gov.in/hcservices/

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4.The Joint Registrar of Co-operative Societies, Thriuvarur Region.

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5.The President, T-1344, Neetamangalam Primary Agricultural Co-operative Credit Society Limited, Needamangalam, Tiruvarur District – 614 404.

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+1ccto Mr.T.P. Savitha Advocate SR. 5736 +1cc to Mr.V. Selvaraj Advocate SR. 5855 +2cc to Govt. Pleader SR. 6239,6510 W.P.No.2305 of 2017 RK(CO) VR(20/02/2017)

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https://hcservices.ecourts.gov.in/hcservices/

R.Vaithiyalingam, v. The State of Tamil Nadu, rep.

Case brief

What is this about?

What did the court decide?

R.Vaithiyalingam, v. The State of Tamil Nadu, rep.

Case brief

What is this about?

What did the court decide?

What the court decided

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