Disposed

A.Mariyamicheal v. The Joint Registrar

Madras HC5 Jun 2025WP(MD)/15238/2025

Case brief

AI extract

What is this about?

Writ petition challenged an auction sale notice on a jewel loan and sought release of pledged jewels under G.O.Ms.No.97 dated 01.11.2021. As the petitioner had already repaid the loan with interest, redeemed and re-pledged the jewels, the cause of action no longer survived and the petition was closed without prejudice to a pending waiver claim in another writ petition.

What the court decided

AI extract

A.Mariyamicheal Vs The Joint Registrar — Cooperative Societies | Madras HC (2025)

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W.P.(MD) No.15238 of 2025

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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DATED : 05.06.2025

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CORAM

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THE HONOURABLE MRS.JUSTICE S.SRIMATHY

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W.P(MD) No.15238 of 2025

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and W.M.P(MD) No.11513 and 11514 of 2025

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A.Mariyamicheal ... Petitioner

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Vs.

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The Joint Registrar, Ramanathapuram District Central Cooperative Bank Ltd., Post Box No. 25, 265E, Vandikkara Street, Ramanathapuram District.

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The Assistant Registrar, Ramanathapuram District Central Cooperative Bank Ltd., Post Box No.25, 265E, Vandikkara Street, Ramanathapuram District.

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The Branch Manager, Ramanathapuram District Central Cooperative Bank Ltd., R.S.Mangalam, Ramanathapuram District. ... Respondents

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PRAYER: Writ Petition filed under Article 226 of the Constitution of India, for issuance of Writ of Certiorarified Mandamus, to call for the

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____________ Page No. 1 of 4_

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

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W.P.(MD) No.15238 of 2025

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records relating to the 1st respondent proceedings in the auction sale publicized the action Notice in the Daily Thanthi Newspaper dated 20.05.2025 in Item No.9, Jewel Loan No.714822986 of petitioners named jewel loan account in the 3^rd respondent Bank and quash the same and consequently direct the respondents to follow the G.O.M.S.97 dated 01.11.2021 (Department of Cooperative, Food and Consumer Protection) to release the petitioners pledged Jewels before the 3^rd respondent herein.

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For Petitioner : Mr.P.Muthusamy

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For Respondents : Mr.D.Shanmugaraja Sethupathi

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O R D E R

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The present writ petition is filed for writ of mandamus challenging

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the auction sale notice dated 20.05.2025 as far as Item no.9, Jewel Loan No.714822986 with consequential relief to direct the respondents to follow the G.O.Ms.No.97 dated 01.11.2021 to release the petitioner 's

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pledged jewels.

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2. Mr.D.Shanmugaraja Sethupathi, learned counsel takes notice for the respondents.

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3. The contention of the petitioner is that he is entitled to a waiver of the loan as per G.O.Ms.No.97, dated 01.11.2021. However, the

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Page No. 2 of 4

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

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W.P.(MD) No.15238 of 2025

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petitioner has already filed an another petitioner for waiver in W.P.(MD) 4522 of 2023 before this Court. As on date, the petitioner has paid the entire loan amount including the interest and redeemed his jewels and again re-pledged the jewels on 04.06.2025. Therefore, the cause of action raised in the present writ petition is no more available. Hence, the present writ petition is closed. However, the challenge for waiver, which is pending in W.P.(MD) 4522 of 2023 is without prejudice to the petitioner's right and he is entitled to contest the same.

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4. With this direction, this writ petition is closed. Consequently,

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connected writ miscellaneous petitions are also closed.

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05.06.2025

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

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mac/sn

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Page No. 3 of 4

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

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W.P.(MD) No.15238 of 2025

S.SRIMATHY , J.

Mac

The District Collector, O/o. the District Collector, Tenkasi, Tenkasi District.

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The District Registrar, O/o. the District Registrar, Alangulam, Tenkasi District.

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The Inspector of Police, Achanpudur Police Station, Achanpudur, Tenkasi District.

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W.P(MD)No.15238 of 2025

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05.06.2025

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Page No. 4 of 4

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

A.Mariyamicheal v. The Joint Registrar

Case brief

What is this about?

What the court decided

A.Mariyamicheal v. The Joint Registrar

Case brief

What is this about?

What the court decided

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