Dismissed¶38

K.Gopalan v. The Joint Registrar

Madras HC17 Jun 2026WP/19281/2026

Case brief

AI extract

What is this about?

Guarantor liability; cooperative thrift and credit society; recovery of dues from principal borrower and guarantor; refusal to accept member's resignation and settle share and thrift amounts; writ of mandamus; Article 226 Constitution of India; Joint Registrar Department of Co operative Societies; Transport Corporation Employees Cooperative Thrift and Credit Society Ltd. (X-367); Metropolitan Transport Corporation (Chennai) Ltd; Madras High Court; K. Surender, J.; 17-06-2026; writ petition dismissed, no costs.

What did the court decide?

Since the petitioner had stood as guarantor for D.Srinivasan, it is always left open to the Society to proceed against both the principal borrower and the guarantor for recovery of the dues; therefore the petitioner's main ground that the Society ought to proceed only against the principal borrower cannot be sustained.

K.Gopalan Vs The Joint Registrar — Writ and Judicial Review | Madras HC (2026)

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WP No. 19281 of 2026

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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. 19281 of 2026

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K.Gopalan S/o. K. Kuppan, 82/4, Big Street, Ponniamman Maedu, Chennai 600110.

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..Petitioner

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The Joint Registrar, Department of Co operative Societies, No.179, E.V.R. Periar Salai, Kilpauk, Chennai 600 010.

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Special officer/President, Transport Corporation Employees Cooperative Thrift and Credit Society Ltd., (X-367) No.488-489, Anna Salai, Sathguru Complex, 1^st Floor, Nandanam, Chennai 600 035.

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The Managing Director, Metropolitan Transport Corporation (Chennai) Ltd, Pallavan Illam, No.1, Anna Salai, Chennai 600 002.

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..Respondents

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Writ Petition filed under Article 226 of the Constitution of India, praying

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for issuance of Writ of Mandamus directing the 1^st respondent to advise the 2^nd respondent to accept the letter dated 10.02.2026 and to settle all share and thrift

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amount payable by the 2^nd respondent to the petitioner.

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Page1 of 5

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

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WP No. 19281 of 2026

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For Petitioner : Mr. S.T.Varadarajalu For Respondents : Mr. R.Chakkaravarthy, (for R1) Government Advocate

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Mr. R. Murugabharath (for R2) Mr. Gauthamaraj, Standing Counsel (for R3)

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ORDER

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This Writ Petition has been filed seeking a direction to the first respondent to advise the second respondent to accept the letter dated 10.02.2026 and to settle all share and thrift amounts payable to the petitioner by the second respondent - Society.

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Briefly, the case of the petitioner is that he is a member of the

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second respondent – Society. He had availed a loan from the Society and has already repaid the entire loan amount.

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However, the petitioner had stood as a guarantor for one Mr.

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D.Srinivasan, who was dismissed from service on 26.10.2007.

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Since the said Mr. D.Srinivasan failed to repay the loan amount due

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from him, the second respondent – Society has not accepted the letter of the petitioner dated 10.02.2026 seeking settlement of his share and thrift amounts.

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__________ Page2 of 5

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

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WP No. 19281 of 2026

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It is not in dispute that the petitioner had stood as a guarantor for

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the loan obtained by the said Mr. D. Srinivasan.

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The only ground raised by the learned counsel for the petitioner is that the second respondent ought to have proceeded against the principal borrower, namely, Mr. D.Srinivasan, and that without taking action against him, the second respondent – Society cannot refuse to accept the petitioner’s resignation from the membership of the society and settle the amounts due to him.

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Since the petitioner had stood as a guarantor for the said Mr. D.Srinivasan, it is always left open to the Society to proceed against both the principal borrower (offender) and the guarantor for recovery of the dues. Therefore, the main ground raised by the petitioner is that Society ought to proceed only against the principal borrower cannot be sustained.

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In view of the above, this Court finds no merits, and the Writ Petition is liable to be dismissed. Accordingly, the Writ Petition stands

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dismissed. No costs.

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17-06-2026

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Neutral Citation: Yes/No klt

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Page3 of 5

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

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WP No. 19281 of 2026

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The Joint Registrar, Department of Co operative Societies, No.179, E.V.R. Periar Salai, Kilpauk, Chennai 600 010.

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The Special officer/President, Transport Corporation Employees, Cooperative Thrift and Credit Society Ltd., (X-367) No.488-489, Anna Salai, Sathguru Complex, 1^st Floor, Nandanam, Chennai 600 035.

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