Krishnamoorthy Vs The District Collector

Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying for issuance of Writ of Mandamus, directing the respondents to return back jewels to the petitioners forthwith.

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For Petitioners : Mr.S.Kumar

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For Respondents : Mrs.D.Farjana Ghoushia Special Government Pleader

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ORDER

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The above writ petition has been filed seeking a direction to the respondents to return back jewels to the petitioners forthwith.

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The petitioners are marginal farmers owning less than 2.5 acres of agricultural land and depend solely on farming for their livelihood. Between August and November 2020, they each obtained agricultural loans from the 3^rd respondent by pledging their jewellery. The 1^st petitioner borrowed Rs.56,000/-; the 2^nd petitioner borrowed Rs.93,000/on 03.09.2020, Rs.66,000/- on 17.11.2020, and Rs.1,16,000/- on 02.09.2020; the 4^th petitioner borrowed Rs.1,20,000/- on 18.11.2020; the 5^th petitioner borrowed Rs.1,36,000/- on 26.08.2020; and the 6^th petitioner borrowed Rs.87,000/- on 03.09.2020.

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

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W.P.(MD) No.3308 of 2025

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By virtue of G.O.Ms.No.15, Co-operative Food and Consumer Protection Department, dated 08.02.2021, the State Government announced waiver of agricultural jewel loan borrowed from Co-operative Society up to 31.01.2021. Pursuant to the same, a Five Members Committee was formed and list for eligible borrowers was prepared wherein the petitioners name also found place. The 3^rd respondent Society issued a waiver certificate to the petitioners dated 05.02.2021. However, the 3^rd respondent Society had not returned the petitioners' pledged jewels for the reason that there is double entry in respect of petitioners' lands.

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Since the 3^rd respondent Society refused to return the jewels, on 19.12.2022 the petitioners had sent a representation to the 2^nd respondent

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seeking his intervention to return their pledged jewels. However, no action was taken. Again on 27.12.2024, the petitioners sent a representation to the 1^st respondent seeking to return back their jewels. Pursuant to the same, the 1^st respondent advised the 2^nd and 3^rd

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

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W.P.(MD) No.3308 of 2025

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respondents to return back the jewels to the petitioners. As no further action was taken by the 2^nd and 3^rd respondents , the petitioners are before this Court.

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Heard the learned counsels on either side.

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A reading of the counter affidavit filed by the 2^nd respondent would indicate that the Government had sanctioned a waiver amount of Rs.2,48,32,535/- and credited the same to the 3^rd respondent Society. Nearly 104 ineligible crop loans were recovered from the loanees from 28.02.2021.

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The counter affidavit would further state that the 1^st petitioner had availed jewel loan by pledging his jewels for paddy cultivation in his own lands as per Loan No.3810 dated 03.09.2020. One Muthulakshmi by pledging her jewels has availed a loan for paddy cultivation in respect of the lands owned by the 1^st petitioner under Loan No.3758 dated 25.08.2020. The said Muthulakshmi had appeared before the Five Member Committee and admitted that she had obtained the loan amount

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

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W.P.(MD) No.3308 of 2025

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without cultivation and had undertaken to remit the loan amount. She has also remitted the same to the Society on 23.02.2021. However, his pledged jewel was not returned as the enquiry officer considered the same as ineligible for waiver.

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The 2^nd petitioner had availed jewel loan by pledging his jewels for paddy cultivation in his own lands as per Loan No.3797 dated 03.09.2020. One Dhanalakshmi by pledging her jewels has availed a loan for paddy cultivation in respect of the lands owned by the 2^nd petitioner under Loan No.3772 dated 25.08.2020. On the recommendation of the five member committee, the 2^nd petitioner's loan was waived and the loan issued to Dhanalakshmi was recovered with interest on 25.02.2021. However, his pledged jewel was not returned as the enquiry officer considered the same as ineligible for waiver.

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Insofar as the 3^rd petitioner is concerned, he had availed three crop loans. The five-member committee recommended recovery of two loans, namely Rs.52,500/- and Rs.75,559/- and the third loan of Rs.

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

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W.P.(MD) No.3308 of 2025

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66,000/- for waiver. Pursuant thereto, the first two loans were recovered. However, the Enquiry Officer subsequently recommended waiver of the second loan, while holding the remaining two loans to be ineligible for waiver. Therefore, his pledged jewel was not returned as the enquiry officer considered the same as ineligible for waiver.

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The 4^th petitioner had availed jewel loan by pledging his jewels for paddy cultivation in his own lands as per Loan No.3895. One Pothiyappan had already availed a loan for cultivation in respect of the lands owned by the 4^th petitioner under Loan No.3806 dated 03.09.2020. On the recommendation of the five member committee, the 4^th petitioner's loan was waived and the loan issued to Pothiyappan was recovered with interest on 23.02.2021. However, his pledged jewel was not returned as the enquiry officer considered the same as ineligible for waiver.

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The 5^th petitioner had availed jewel loan by pledging his jewels for paddy cultivation in his own lands as per Loan No.3768 dated

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

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26.08.2020. One Piramila by pledging her jewels has availed a loan for paddy cultivation in respect of the lands owned by the 5^th petitioner under Loan No.3721 dated 10.08.2020. The said Piramila had appeared before the Five Member Committee and admitted that she had obtained the loan amount without cultivation and had undertaken to remit the loan amount. She has also remitted the same to the Society on 23.02.2021. However, his pledged jewel was not returned as the enquiry officer considered the same as ineligible for waiver.

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The 6^th petitioner had availed jewel loan by pledging his jewels for paddy cultivation in his own lands as per Loan No.3800 dated 03.09.2020. One Meenambal by pledging her jewels has availed a loan for paddy cultivation in respect of the lands owned by the 6^th petitioner under Loan No.3737 dated 10.08.2020. The said Meenambal had appeared before the Five Member Committee and admitted that she had obtained the loan amount without cultivation and had undertaken to remit the loan amount. She has also remitted the same to the Society on 24.02.2021. However, his pledged jewel was not returned as the enquiry

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officer considered the same as ineligible for waiver.

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The 7^th petitioner had availed jewel loan by pledging her jewels for paddy cultivation in her own lands as per Loan No.3790 dated 20.09.2020. One Natarajan by pledging his jewels has availed a loan for paddy cultivation in respect of the lands owned by the 7^th petitioner under Loan No.3764 dated 26.08.2020. The said Natarajan had appeared before the Five Member Committee and admitted that he had obtained the loan amount without cultivation and had undertaken to remit the loan amount. He has also remitted the same to the Society on 23.02.2021. However, her pledged jewel was not returned as the enquiry officer considered the same as ineligible for waiver.

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However, for reasons best known, the jewels were not returned to the petitioners. In fact in the counter affidavit, it is stated as follows :

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“Hence the petitioners jewel pledged said loan is not returned back, even though this loan was waived under the loan waiver scheme as

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

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enquiry officer considered it ineligible for waiver.” From the above statement, it is clear that despite the petitioners being granted the waiver and the Government remitting the entire waiver amount to the credit of the society, the 3^rd respondent society is without any authority retaining the jewels pledged by the petitioners herein. Therefore, the 3^rd respondent Society is directed to return the pledged jewels to the petitioners concerned within a period of three (3) weeks from the date of receipt of copy of this order.

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