Dismissed¶43

Periyasamy v. The Secretary

Madras HC28 Nov 2025WP(MD)/15085/2023

Case brief

AI extract

What is this about?

W.P(MD)No.15085 of 2023, Madras High Court Madurai Bench, P.T.ASHA J, 28.11.2025 — writ petition dismissed; agricultural jewel-loan waiver under G.O.Ms.Nos.15 and 16 dated 08.02.2021 held applicable only to agricultural loans (with pledge of jewels plus Chitta and Adangal) and not to jewel loans simpliciter; Karur District co-operative society; Deputy Registrar order Na.Ka.1190/2021/Tho.Ve.Ka.Sa. dated 14.02.2022 and undated auction notice challenged; observation permitting instalment-repayment representation to be considered sympathetically; Article 226 certiorarified mandamus.

What did the court decide?

On a perusal of G.O.Ms.Nos.15 and 16, the waiver thereunder applies only to agricultural loans and not to jewel loans simpliciter. ¶42

Periyasamy Vs The Secretary — Writ and Judicial Review | Madras HC (2025)

What the court decided

AI extract

Outcome

Dismissed

¶43

Issue for consideration

Whether the petitioner's agricultural jewel loan (Account No.5348), availed by pledging jewels without an accompanying agricultural loan supported by Chitta and Adangal, is eligible for waiver under G.O.Ms.Nos.15 and 16 dated 08.02.2021 — i.e., whether the waiver extends to jewel loans simpliciter or only to agricultural loans — entitling him to inclusion in the beneficiary list in place of the impugned auction.

¶37

Court's answer

On a perusal of G.O.Ms.Nos.15 and 16, the waiver thereunder applies only to agricultural loans and not to jewel loans simpliciter.

¶42

Ratio / Principle

Since the petitioner availed only a jewel loan and not an agricultural loan, he is not eligible for the benefit of loan waiver under the said Government Orders.

¶42

Key takeaways

Observation: if the petitioner submits a representation to the concerned society seeking permission to repay the loan in instalments, the same shall be considered sympathetically and empathetically by the society.obiter¶43

Detailed headnote1 paragraphs

Madurai Bench of Madras High Court (P.T.ASHA, J.), decision dated 28.11.2025, W.P(MD)No.15085 of 2023: Periyasamy, an agriculturist who availed an agricultural jewel loan (Account No.5348) from the Panjamadevi Primary Agricultural Co-operative Credit Society (9th respondent) by pledging jewels, challenged the Deputy Registrar's (7th respondent) order dated 14.02.2022 in Na.Ka.1190/2021/Tho.Ve.Ka.Sa. and an impugned undated auction notice, seeking inclusion of his account in the beneficiary list under G.O.Ms.Nos.15 and 16, Food and Consumer Protection Department, dated 08.02.2021 (waiver of outstanding agricultural jewel loans pending as on 31.01.2021). The respondents contended that only agriculturists who availed agricultural loans by pledging jewels along with submission of Chitta and Adangal are eligible for waiver, whereas the petitioner availed only a jewel loan. Held: a perusal of G.O.Ms.Nos.15 and 16 makes clear that the waiver applies only to agricultural loans and not to jewel loans simpliciter; the petitioner, having availed only a jewel loan, is not eligible for the benefit. Writ petition dismissed with no costs; connected miscellaneous petitions closed. By way of observation (obiter), the Court directed that if the petitioner submits a representation to the concerned society seeking permission to repay the loan in instalments, the same shall be considered sympathetically and empathetically by the society.

¶1

W.P(MD)No.15085 of 2023

¶2

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

¶3

DATED : 28.11.2025

¶4

CORAM:

¶5

THE HONOURABLE MS.JUSTICE P.T.ASHA

¶6

W.P(MD)No.15085 of 2023 and

¶7

W.M.P(MD)Nos.22736 & 22857 of 2023, 4760 & 20997 of 2024

¶8

Periyasamy ... Petitioner

¶9

Vs.

¶10

1.The Secretary, Co-operative, Civil Supplies and Consumer Protection, Chennai – 10.

¶11

2.The Registrar, Co-operative Societies,

¶12

Chennai – 001.

¶13

3.The Managing Director, Tamil Nadu Co-operative State Agriculture & Rural Development Bank, Chennai – 004.

¶14

4.The Managing Director, Tiruchirappalli District Central Co-operative Bank Ltd., No.1, Fort Station Road,

¶15

Trichy – 620 020.

¶16

5.The District Collector, Collectorate,

¶17

Karur, Karur District.

¶18

6.The Joint Registrar, Co-operative Societies, Karur District, Karur.

¶19

1/6

¶20

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

¶21

W.P(MD)No.15085 of 2023

¶22

7.The Deputy Registrar, Co-operative Societies, Karur District.

¶23

8.The Sub-Registrar, Co-operative Societies, Karur District.

¶24

9.The Secretary, MM 117, Panjamadevi Primary Agricultural, Co-operative Credit Society, Panjamadevi, Manmangalam Taluk, Karur District – 04.

¶25

...Respondents

¶26

PRAYER : Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Certiorarified Mandamus to call for the records pursuant to the impugned order of the 7th respondent in his proceedings in Na.Ka.1190/2021/Tho.Ve.Ka.Sa. dated 14.02.2022 and impugned undated auction notice issued by the 9th respondent and quash the same as illegal and consequently direct the respondents to include the petitioner's agricultural jewel loan Account No.5348 in the beneficiary list as per the G.O.Ms.Nos.15 and 16 dated 08.02.2021.

¶27

For Petitioner : Mr.S.Gokulraj

¶28

For Respondents : Mrs.S.Jeyapriya Govt. Advocate for RR1 to 3, 5 to 8

¶29

Mr.D.Shanmugaraja Sethupathi for R4

¶30

No appearance for R9

¶31

2/6

¶32

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

¶33

ORDER

¶34

W.P(MD)No.15085 of 2023

¶35

This writ petition has been filed challenging the impugned order of the seventh respondent dated 14.02.2022 and the impugned undated auction notice issued by the ninth respondent. The petitioner seeks a consequential direction to the respondents to include his agricultural jewel loan Account No.5348 in the beneficiary list in terms of G.O.Ms.Nos.15 and 16 dated 08.02.2021.

¶36

2. The case of the petitioner is that he is an agriculturist who borrowed a loan for cultivation by pledging his jewels with the ninth respondent. The Government, through G.O.Ms.Nos.15 and 16, Food and Consumer Protection Department, dated 08.02.2021, ordered waiver of outstanding agricultural jewel loans that were pending as on 31.01.2021. According to the petitioner, though he is eligible under the said Government Orders, the seventh and ninth respondents failed to extend the benefit to him, thereby compelling him to file the present writ petition.

¶37

3. The respondents contended that the said Government Orders are not applicable to the petitioner. As per the Government Orders, only those agriculturists who availed agricultural loans by pledging jewels along with the submission of Chitta and Adangal are eligible for loan waiver. In the

¶38

3/6

¶39

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

¶40

W.P(MD)No.15085 of 2023

¶41

present case, the petitioner availed only a jewel loan and not an agricultural loan. Hence, he is not entitled to the benefit of loan waiver under the said Government Orders.

¶42

4. A perusal of G.O.Ms.Nos.15 and 16 makes it clear that the waiver applies only to agricultural loans and not to jewel loans simpliciter. Since the petitioner availed only a jewel loan, he is not eligible for the benefit extended under the said Government Orders.

¶43

5. Accordingly, the writ petition is dismissed. However, considering the grievance of the petitioner, this Court observes that if the petitioner submits a representation to the concerned society seeking permission to repay the loan in instalments, the same shall be considered sympathetically and empathetically by the society. No costs. Consequently, connected miscellaneous petitions are closed.

¶44

28.11.2025

¶45

NCC : Yes / No Index : Yes / No Internet : Yes skn

¶46

To:

¶47

1.The Secretary, Co-operative, Civil Supplies and Consumer Protection, Chennai – 10.

¶48

4/6

¶49

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