Disposed

Anjammal v. the Deputy Registrar of Cooperative Societies

Madras HC21 Nov 2023WP(MD)/15700/2021

Case brief

AI extract

What is this about?

This petition sought a direction to return deposit amounts in cooperative society savings accounts. The Court noted a factual dispute regarding account balances admitted by the bank versus claims by the petitioner. It directed the bank to pay admitted amounts with interest and allowed the petitioner to file a fresh representation with records for outstanding claims, direct further disputes to the

What did the court decide?

Directed the second respondent to repay amounts admitted in the counter affidavit with interest; directed petitioner to file fresh representation with records for balance claims.

Anjammal Vs the Deputy Registrar of Cooperative… — Service and Employment | Madras HC (2023)

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W.P.(MD)No.15700 of 2021

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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DATED: 21.11.2023

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CORAM

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THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH

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W.P.(MD)No.15700 of 2021

Anjammal

... Petitioner

vs.

1.The Deputy Registrar of Cooperative Societies,

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Office of the Deputy Registrar of Cooperative Societies, Kajamalai, Trichy - 20.

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2.R-514, Thuvarankurichi Primary Agriculture Co-Operative Credit Society,

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Rep. by its Secretary, Thuvarankurichi, Trichy District.

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... Respondents

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PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the respondents to return the deposit amount in the saving Account No.2514 in the name of Shanmugam son of Karuppan, a sum of Rs.2,60,840/- as on 27.07.2013 in Account No.2448 of Anjammal wife of Shanmugam, a sum of Rs.91,665/- as on 31.03.2019 in Account No.2733 of Pandiselvi daughter of Shanmugam and the account of Velumani son of Shanmugam, with interest at the rate of 24 % per annum from the date of deposit to till the date of payment on the basis of petitioner’s representation dated 10.07.2021.

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https://www.mhc.tn.gov.in/judis

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W.P.(MD)No.15700 of 2021

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For Petitioner :Mr.T.Vadivelan For R1 :Mr.B.Saravanan Additional Government Pleader For R2 :Mr.P.Subbaraj *****

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O R D E R

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This Writ Petition has been filed for the issue of Writ of Mandamus directing the respondents to return back the deposit amount, that is available in the Saving Bank account Nos.2514, 2448 and 2733 with interest from the date of deposit till the date of payment based on the representation dated 10.07.2021.

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2.The case of the petitioner is that savings bank accounts were opened in the second respondent Bank by the petitioner, her husband, her son and her daughter and they have deposited the money from the year 2007 onwards. In the year 2015, the husband of the petitioner died and even thereafter, the bank account was managed and it was operated.

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3.The grievance of the petitioner is that in savings bank account No.2514, which stood in the name of the husband of the petitioner, a sum of Rs.2,60,840/- is available as on 27.07.2013. Likewise, for the savings

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https://www.mhc.tn.gov.in/judis

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W.P.(MD)No.15700 of 2021

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bank account of the petitioner in account No.2448, a sum of Rs.91,665/-

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is available as on 31.03.2011. That apart, in the savings bank account of the son in account No.2427 and the saving bank account of the daughter in account No.2733, amount is available and inspite of the same, these amounts were not paid. Aggrieved by the same, the present Writ Petition has been filed for a direction to the second respondent to pay the amounts lying in the savings bank accounts with interest.

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4.The second respondent has filed a counter affidavit. The

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relevant portions in the counter affidavit are extracted hereunder:

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“3.I humbly submit that petitioner's husband K. Shanmugam was an account holder in the second respondent cooperative bank and his account number was 2514. On 28.06.2012, amount of Rs.2,90,000/- was withdrawn by him and it was entered in the 2^nd respondent records. However there was no entry in the pass book. But the audit conducted in the 2^nd respondent in 2012-2013 co-operative bank confirmed the same. The said Shanmugam died on 11.11.2015. According to pass book entry as on 19.03.2014, the balance amount was Rs.1,03,670/-. But as per the 2^nd respondent records, the available balance amount is Rs.19,793/-.

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4.I humbly submit that the 2^nd respondent is ready to give the said balance amount along with interest to the legal heirs of the decease Shanmugam on production of appropriate legal heir certificate and other necessary certificates. The proof for the withdrawal of amount of Rs.2,90,000/- id not available at present with the 2^nd respondent. But before 5 years and therefore the records are not available.

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5.I humbly submit that the petitioner account number is

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W.P.(MD)No.15700 of 2021

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2448 and as per pass book entry dated 27.12.2013, the balance amount was Rs.2,60,840/- But an amount of Rs.2,00,000/- was withdrawn on 29.08.2013 and the audit report for the year 2013-2014 confirmed the same. Five years have elapsed since the audit and therefore the records are not available. As per the 2^nd respondent cooperative bank records, an amount of Rs.65,870/- is available as balance amount in the petitioner's account and the 2^nd respondent is ready to return the said amount along with appropriate interest.

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6.I humbly submit that the petitioner' daughter Pandiselvi is having account with the 2^nd respondent and made various money transactions. As per pass book entry on 31.03.2019, the available balance amount is Rs.89,531/-. However as per 2^nd respondent records on 31.03.2018, the available balance amount is Rs.61,061/- The audit for the year 2017-2018 already finished which confirms the withdrawal. The 2^nd respondent is ready to return the balance amount of Rs.61,061 along with interest.

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7.I humbly submit that the petitioner' son S.Velumani is having account with the 2^nd respondent and his account number is 2427. He made various transaction in his account and stated that his passbook was missing. As per the 2^nd respondent records on 31.03.2018, the balance amount available in his account is Rs. 4,255/-. the 2^nd respondent is ready to return the said amount along with interest.”

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5.Heard Mr.T.Vadivelan, learned Counsel appearing on behalf of

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the petitioner, Mr.B.Saravanan, learned Additional Government Pleader appearing on behalf of the first respondent and Mr.P.Subbaraj, learned Counsel appearing on behalf of the second respondent.

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https://www.mhc.tn.gov.in/judis

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W.P.(MD)No.15700 of 2021

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6.This Court has carefully considered the submissions made on either side and the materials available on record.

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7.The second respondent has now come up with a stand that insofor as the savings bank account of the petitioner's husband, only a sum of Rs.19,793/- is available and the same will be paid with interest. Likewise, a sum of Rs.65,870/- is available in the savings bank account of the petitioner and that the same will be paid with interest. In the savings bank account of the daughter, only a sum of Rs.61,061/- is available and that the same will be paid with the interest. Likewise, in the savings bank account of the petitioner's son, a sum of Rs.4,255/- is available and the second respondent is ready to return back the amount along with interest.

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8.The learned Counsel for the petitioner submitted that the amount

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that is mentioned in the counter affidavit filed by the second respondent goes against the records that are available and that the petitioner is entitled for the amounts, as claimed in the Writ Petition along with interest.

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W.P.(MD)No.15700 of 2021

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9.In the considered view of this Court, a factual dispute is involved

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in this Writ Petition. This pertains to the amount, that was deposited in the second respondent Bank in the savings bank accounts of the petitioner, her husband and her children. If the petitioner has sufficient records to substantiate that whatever amounts claimed in this Writ Petition, is entitled to be received by the petitioner, those records will have to be produced before the second respondent. If any dispute continues thereafter, the petitioner has to necessarily go before the appropriate forum and agitate the grievance. This Court cannot enter into that dispute while exercising its Writ jurisdiction.

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10.In view of the above, there shall be a direction to the second respondent to repay back the amounts, that have been admitted in the counter affidavit along with appropriate interest to the petitioner within a period of two weeks from the date of receipt of a copy of this order. If the petitioner is not satisfied with the amount, that is paid by the second respondent and is confident that she is entitled for enhanced amount, the petitioner shall make a fresh representation before the second respondent

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https://www.mhc.tn.gov.in/judis

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W.P.(MD)No.15700 of 2021

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along with all the relevant records and the second respondent shall deal with same and take a decision within a period of four weeks from the date of receipt of the representation from the petitioner. If, ultimately, the petitioner is not satisfied with the decision taken by the second respondent, the petitioner has to necessarily workout her remedy before the appropriate forum.

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11.The Writ Petition is disposed of in the above terms. No costs. Consequently, connected miscellaneous petition is closed.

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Index :Yes / No 21.11.2023 Internet :Yes / No NCC :Yes / No cmr To

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The Deputy Registrar of Cooperative Societies, O/o.The Deputy Registrar of Cooperative Societies, Kajamalai, Trichy - 20.

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https://www.mhc.tn.gov.in/judis

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W.P.(MD)No.15700 of 2021

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N.ANAND VENKATESH, J.

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cmr

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W.P.(MD)No.15700 of 2021

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21.11.2023

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https://www.mhc.tn.gov.in/judis

Anjammal v. the Deputy Registrar of Cooperative Societies

Case brief

What is this about?

What did the court decide?

Anjammal v. the Deputy Registrar of Cooperative Societies

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

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