Disposed

The Secretary, v. The Secretary to Government

Madras HC8 Jan 2019WP/24237/2018

Case brief

AI extract

What is this about?

In W.P. 24237 of 2018, a cooperative housing society sought reimbursement from the Government for waived housing loans. The court directed the Government to consider the pending representation within 12 weeks rather than deciding merits, and disposed of the writ petition without costs.

What did the court decide?

Direction to the first respondent to consider the petitioner's representation of 07.07.2018 and pass suitable orders on merits within 12 weeks.

The Secretary, Vs The Secretary to Government — Pension and Retirement Benefits | Madras HC (2019)

¶1

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 08.01.2019 CORAM THE HONOURABLE MR.JUSTICE V.BHARATHIDASAN W.P. 24237 of 2018 and W.M.P. 28242 of 2018

¶2

The Secretary, SLM.HSG 75, Dharapuram Taluk Cooperative Housing Society, No.8, Anna Nagar, Dharapuram-638 656. Tiruppur Dt.

¶3

... Petitioner Vs 1. The Secretary to Government, Housing and Urban Development Department, Secretariat, Chennai. 2. The Managing Director, Tamil Nadu Cooperative Housing Federation Ltd., Vepery, Chennai-7.

¶4

... Respondents

¶5

PRAYER : Writ Petition is filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus directing the 1 st respondent to reimburse Rs.1,11,54,605.93, the waived amount towards the Housing Loans availed by the members of the petitioner society, with interest, penal interest, incidental charges etc. as charged/chargeable by the 2 nd respondent from the date of due and until reimburse, by fixing a reasonable time.

¶6

For Petitioner : Mr.K.Kadarkarai For Respondents : Mr.L.P.Shanmugasundaram, Special Government Pleader for R1 Mr.Kanmani Annamalai for R2 O R D E R

¶7

This Writ Petition has been filed seeking for a direction directing the 1^st respondent Secretary to Government, Housing and Urban Development to reimburse the housing loan amount waived by

¶8

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

¶9

the Government under various Government Orders.

¶10

The grievance of the petitioner is that the petitioner has received funds from the 2^nd respondent Housing Federation, and in turn, advanced housing loans to the members of the society. The Government on earlier occasion, has waived the loan, interest and penal interest by various Government Orders, and in pursuant to the Government Orders, the society also waived the interest to the members, who have received the loan. Thereafter, the Government did not reimburse the amount waived by the society. Hence, the petitioner has made several representations to the Government to reimburse the waived amount towards housing loans, but, the same was not considered. Hence, the present Writ Petition has been filed by the petitioner.

¶11

Earlier, notice was ordered to the respondents. Today, when the matter was taken up for hearing, Mr.Kanmani Annamalai, learned counsel appearing for the 2^nd respondent submitted that the 2^nd respondent has advanced loans to the petitioner society, but the society is yet to repay the loan amount to the 2^nd respondent. Without repaying the loan received from the 2^nd respondent, the petitioner cannot be entitled for any reimbursement from the Government.

¶12

Considering the above circumstances, without going into the merits of the case, as the representation of the petitioner is still pending with the 1^st respondent, the 1^st respondent is directed to consider the petitioner's representation dated 07.07.2018 and pass suitable orders on merits and in accordance with law after giving opportunity to the petitioner as well as to the 2^nd respondent within a period of twelve weeks from the date of receipt of the copy of this order.

¶13

In the result, the Writ Petition stands disposed of with the above direction. No costs. Consequently, the connected Writ Miscellaneous Petition is closed.

¶14

Sd/-

¶15

Assistant Registrar(CCC)

¶16

//True Copy//

¶17

Sub Assistant Registrar

¶18

rpp

¶19

¶20

1. The Secretary to Government,

¶21

Housing and Urban Development

Department,

Secretariat,

Chennai.

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

¶26

2. The Managing Director, Tamil Nadu Cooperative Housing Federation Ltd.,

¶27

Vepery, Chennai-7.

¶28

+1cc to Mr.S.Kanmani Annamalai, Advocate, S.R.No.1964

¶29

W.P. 24237 of 2018 and W.M.P. 28242 of 2018

¶30

CA(CO) GSP(28/02/2019)

¶31

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

The Secretary, v. The Secretary to Government

Case brief

What is this about?

What did the court decide?

The Secretary, v. The Secretary to Government

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

K.Balakrishnan, Vs The District Collector

M.Kanakasundaram, Vs the Presiding Officer

A.Mariadass Vs the State

V.Lakshmi Narasimhan, Vs The State Transport Authority

M.Chinnathambi Vs The Secretary

Y.P.Kaliyamoorthy Vs The Assistant General Manager