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Palani v. The Principal secretary

Madras HC17 Jun 2026WP/11200/2023

Case brief

AI extract

What is this about?

Keywords: jewel loan waiver; gold pledge 40 grams; co-operative credit society; G.O.Ms.No.97 dated 01.11.2021; certiorarified mandamus; Article 226; Dharmapuri; loan account 00350; receipt dated 29.06.2020; W.P. No. 11200 of 2023; Madras High Court; K. Surender, J. Petitioner: Palani. Impugned authority: Joint Registrar of Co-operative Societies. Outcome: writ allowed, impugned order set aside, G.O. benefit extended, no costs.

What did the court decide?

Impugned order dated 31.05.2022 set aside; respondents directed to extend the benefit of G.O.Ms.No.97 dated 01.11.2021 to the petitioner (waiver of the jewel loan); writ petition allowed with no costs; connected miscellaneous petitions closed. ¶34

Palani Vs The Principal secretary — Writ and Judicial Review | Madras HC (2026)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the petitioner is entitled to the benefit of G.O.Ms.No.97 dated 01.11.2021 (waiver of his jewel loan) notwithstanding the respondents' contention that the pledged jewels weighed 40 grams and 300 milligrams.

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Court's answer

Having issued a receipt dated 29.06.2020 recording the weight of the pledged gold as 40 grams, the respondents cannot turn round and contend that the weight of the pledged gold jewels was 40 grams and 300 milligrams.

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Ratio / Principle

In the present circumstances of the case, the benefit of G.O.Ms.No.97 dated 01.11.2021 has to be extended to the petitioner.

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Key takeaways

The impugned order bearing Na.Ka. No.1999/2021 Ma.Va. (1409) dated 31.05.2022 passed by the 3rd respondent is set aside, and the respondents are directed to extend the benefit of G.O.Ms.No.97 dated 01.11.2021 to the petitioner.ratio¶33

Detailed headnote1 paragraphs

Madras High Court (K. Surender, J.) allowed a writ petition by Palani seeking the benefit of G.O.Ms.No.97 dated 01.11.2021 (Co-operative Society, Food and Consumer Safety Department (CCI)), i.e., waiver of a jewel loan of Rs.1,05,000/- (Account No. 00350, dated 29.06.2020) obtained from K.K.1 Bandharahalli Primary Agriculture Co-operative Credit Society by pledging gold. The Society's counter affidavit asserted the pledged jewels weighed 40 grams and 300 milligrams, taking the loan outside the G.O. The Court held that, having issued a receipt dated 29.06.2020 recording the pledged gold as 40 grams, the respondents could not contend the weight was 40 grams and 300 milligrams. The Joint Registrar's order Na.Ka. No.1999/2021 Ma.Va. (1409) dated 31.05.2022 was set aside and the respondents directed to extend the G.O. benefit. No costs; connected WMPs closed.

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WP No. 11200 of 2023

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED: 17-06-2026

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CORAM

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THE HON'BLE MR.JUSTICE K. SURENDER

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WP No. 11200 of 2023 and WMP Nos.29328 & 20376 of 2023

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Palani

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S/o.Kamalesan, D.No.3/264, Thellanahalli,Thindal Post, Karimangalam Taluk, Dharmapuri District.

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..Petitioner

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The Principal Secretary, Department of Co-operation, Food and Consumer Protection, Secretariat, Chennai-600 009.

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Registrar of Co - operative Societies, No.170, N.V.Natrajan Maligai, Poonamalli High Road, Kilpauk, Chennai- 600 010.

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The Joint Registrar of Co- operative Societies Collector office, Dharmapuri.

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The Secretary, K.K.1 Bandharahalli Primary Agriculture Co- operative Credit Society, Bandharahalli, Karmangalam Taluk, Dharmapuri District.

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..Respondents

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Writ Petition filed under Article 226 of the Constitution of India, praying for issuance of Writ of Certiorarified Mandamus, calling for the entire records relating to the impugned order bearing Na.Ka. No.1999 / 2021 Ma.Va. (1409) dated 31.05.2022 passed by the 3^rd respondent and quash the same as illegal, arbitrary, in- Operative in law and further directing to the 3^rd respondent to discharge petitioner’s loan bearing Account No. 00350 Dated. 29.06.2020 for the loan amount of Rs.1,05,000 /- as per the GO.No. Ms.97 Co- operative, Food and Consumer Department dated 01.11.2021.

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__________ Page1 of 5

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

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WP No. 11200 of 2023

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For Petitioner : Mr. M. Ravi For Respondents : Mr. R. Chakkaravarthy, Government Advocate

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ORDER

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The Petitioner has filed the present Writ Petition seeking a direction to the respondents to extend the benefit of G.O.Ms.No.97 (Co-operative Society, Food and Consumer Safety Department (CCI) dated 01.11.2021, and consequently, waive the loan availed by the petitioner for pledging gold.

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It is not in dispute that the petitioner had obtained a jewel loan from the respondent- Society by pledging gold jewels. The receipt dated 29.06.2020 issued by the respondent - Society clearly shows that weight of the pledged gold jewels was 40 grams.

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Now, the petitioner seeks waiver of the said loan by claiming the benefit of G.O.Ms.No.97 dated 01.11.2021.

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A counter affidavit has been filed by the third respondent - Society stating that the petitioner had obtained a jewel loan by pledging jewels weighing 40 grams and 300 milligrams, as such, the benefit of the said G.O.Ms.97 is not applicable to the petitioner.

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__________ Page2 of 5

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

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WP No. 11200 of 2023

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Having issued a receipt dated 29.06.2020 stating that the weight of

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the pledged gold was 40 grams. Now, the respondents cannot turn round contend that the weight of the gold jewels was 40 grams and 300 milligrams.

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In view of the present circumstances of the case, this Court is of the

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view that the benefit of the said G.O.Ms.No.97 has to be extended to the petitioner.

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Accordingly, the impugned order bearing Na.Ka. No.1999 / 2021 Ma.Va. (1409) dated 31.05.2022 passed by the 3^rd respondent is set aside and the respondents are directed to extend the benefit of G.O.Ms.No.97 (Cooperative Society, Food and Consumer Safety Department (CCI) dated 01.11.2021, to the petitioner.

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