1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 08.11.2011 CORAM THE HONOURABLE MR.JUSTICE V.RAMASUBRAMANIAN W.P.(MD)No.11882 of 2011 M.Muthukumaran : Petitioner Vs. 1.The Registrar of Co-operative Societies, N.V.Naterajan Maligai, Kilpauk, Chennai-10. 2.The Deputy Registrar of Co-operative Societies, Madurai District Central Co-operative Bank, Madurai. 3.The Liquidator, Madurai Urban Co-operative Bank Ltd., 32, Naickar New Street, Madurai-625 001. : Respondents Writ petition filed under Article 226 of the Constitution, praying for the issue of a Writ of Mandamus, directing the third respondent to consider the petitioner's representation dated 26.9.2011 and to receive the principal amount of Rs.4,98,000/- at the rate of interest 6% as per the G.O.(2D) No.133, dated 30.11.2010. For Petitioner : Mr.M.Ramu For Respondents -1 & 2 : Mr.B.Pugazhenthi, Special Government Pleader For Respondent-3 : Mr.T.Lajapathi Roy O R D E R The petitioner has come up with the above writ petition, seeking a Mandamus, to direct the third respondent to consider his representation, for extending the benefits of G.O.(2D) No.133, Co- operation, Food and Consumer Protection Department, dated 30.11.2010. 2. Heard M.Ramu, learned counsel for the petitioner, Mr.B.Pugazhenthi, learned Special Government Pleader for respondents 1 and 2 and Mr.T.Lajapathi Roy, learned counsel for the third respondent. https://hcservices.ecourts.gov.in/hcservices/ 2 3. The petitioner's mother obtained a housing loan from the Madurai Urban Co-operative Bank Ltd., which has now gone into liquidation and which is represented by the Liquidator, who is the third respondent herein. The loan was sanctioned on 7.12.2001. The original title deeds relating to the property were deposited as security. 4. Though the sanctioned amount was Rs.4,98,000/-, it is claimed by the petitioner that the amount disbursed was only Rs.1,30,000/-. However, the said allegation is not relevant for our present purpose. 5. When a writ petition was filed in W.P.(MD)No.3751 of 2008 by depositors, whose deposits matured for payment, but who did not receive the money, a Division Bench of this Court, to which I was a party, directed the issue of notice to all the borrowers. 6. During the pendency of the above writ petition, the Government passed G.O.(2D) No.133, dated 30.11.2010, granting the concession of waiver of part of the interest and waiver of the penalty. As per the Government Order, persons who repay 25% of the amount due, on or before 28.2.2011 and who pay the balance 75%, on or before 31.12.2011, would be entitled to the grant of a concession in the rate of interest and the waiver of penalty. But unfortunately, the petitioner was not aware of the said Government Order, since his mother passed away on 25.7.2007. Therefore, he did not avail the benefit of the Government Order. 7. But after the third respondent made attempts to recover the money under the SARFAESI Act, the petitioner sent a representation, seeking the extension of the benefits of the Government Order. Since there was no response, the petitioner is before this Court. 8. The Government Order gives two cut off dates. One was for payment of 25% of the total amount due and the cut off date for this was 28.2.2011. The other cut off date is 31.12.2011 for payment of the balance amount. Fortunately, the second cut off date has not yet come. Therefore, the case of the petitioner is one which requires favourable consideration, especially in view of the fact that the borrower already died and the petitioner is only a legal heir. The equities can be worked out, by restricting the concession of waiver of part of the interest to the balance amount of 75%. By this process, the non-payment of 25%, on or before 28.2.2011 can be offset. 9. Accordingly, this writ petition is disposed of, directing the third respondent to extend the concession of G.O.(2D) No.133, dated 30.11.2010 to the petitioner, subject to the following conditions:- (i) The petitioner shall make payment of 25% of the amount due, on or before 22.11.2011. https://hcservices.ecourts.gov.in/hcservices/ 3 (ii) The petitioner shall make payment of the balance amount of 75%, together with interest at 6% per annum as per the G.O., for the period as per the Government Order, on or before 31.12.2011. (iii) While making payment of the 25% of the amount, the petitioner shall pay it together with interest at 12% and not at the concessional rate of 6%, which he would have been entitled if he had paid it before 28.2.2011. (iv) Upon the petitioner complying with the above conditions, the documents of title shall be released to the petitioner. (v) If the petitioner fails to comply with the above conditions, it is open to the third respondent to proceed in accordance with law and the petitioner in such an event will not be entitled to the benefit of the above Government Order. 10. The writ petition is disposed of on the above terms. No costs. Sd/- Assistant Registrar (CO) /True Copy/ Sub Assistant Registrar To 1.The Registrar of Co-operative Socities, N.V.Naterajan Maligai, Kilpauk, Chennai-10. 2.The Deputy Registrar of Co-operative Societies, Madurai District Central Co-operative Bank, Madurai. 3.The Liquidator, Madurai Urban Co-operative Bank Ltd., 32, Naickar New Street, Madurai-625 001. +1 CC to Mr.M.Ramu, Advocate (SR.No.38453) +1 CC to Mr.T..Lajapathi Roy, Advocate (SR.No.38475) W.P(MD) No.11882/2011 08.11.2011 Svn NSV/9.11.11/3P/6C https://hcservices.ecourts.gov.in/hcservices/