This is a writ petition seeking a mandatory order to release a pending loan installment from a Primary Agricultural Cooperative Credit Society. The Court held that the Society is not a 'State' under Article 12 and dismissed the petition, directing the petitioner to approach the competent authority under the relevant Act.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 10-06-2021
CORAM
THE HONOURABLE MR. JUSTICE S.M.SUBRAMANIAM
WP No.19830 of 2020
M.Ramprakash ... Petitioner
vs.
1.The State Registrar, State Co-Operative Societies, Kilpauk, Chennai-600 010.
2.The Joint Registrar, O/o.Joint Registrar Cooperative Society,
Salem-636 001.
3.The Deputy Registrar,
O/o.Deputy Registrar Cooperative Society, Omannallur, Salem-636 455.
4.The Special Officer, S.167 Primary Agricultural Cooperative Credit Societies Limited (PACS), Mallikundam, Mecheri Via Mettur Taluk, Salem-636 453. ... Respondents
Writ Petition is filed under Article 226 of the Constitution of India, praying for the issuance of a Writ of Mandamus, directing the fourth respondent to release the remaining loan amount of Rs.5,60,000/- as 2nd instalment immediately. For Petitioner : Ms.Rita Chandrasekar for Ms.R.Meenakshi For Respondents-1 to 3: Dr.S.Suriya, Government Advocate. For Respondent-4 : Mr.L.P.Shanmugasundaram
O R D E R
The relief sought for in the present writ petition is to direct the fourth respondent to release the remaining loan amount of Rs.5,60,000/- as second instalment immediately.
Sd/-
Assistant Registrar(CCC)
//True Copy//
Sub Assistant Registrar
Svn To 1.The State Registrar, State Co-Operative Societies, Kilpauk, Chennai-600 010. 2.The Joint Registrar, O/o.Joint Registrar Cooperative Society, Salem-636 001. 3.The Deputy Registrar, O/o.Deputy Registrar Cooperative Society, Omannallur, Salem-636 455. +1cc to M/s.R.Meenakshi, Advocate Sr.27646 +1c to the Government Pleader Sr.27660
WP No.19830 of 2020
sra[co] srg 20/07/2021
3 issues framed by the court
Whether the Tamil Nadu Cooperative Societies Limited is a 'State' under Article 12 of the Constitution.
Whether this Court has jurisdiction under Article 226 to adjudicate a dispute regarding the release of a cooperative loan amount.
Whether the remedy for disputing loan terms lies in writ proceedings or the competent authority under the Cooperative Societies Act.
2 provisions across 2 enactments
M. Ramprakash
The State Registrar, State Co-Operative Societies
The Joint Registrar
The Deputy Registrar
The Special Officer, S.167 Primary Agricultural Cooperative Credit Societies Limited (PACS)
S.M. Subramaniam
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
