1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 22.02.2011 CORAM: THE HONOURABLE MR.JUSTICE K.K.SASIDHARAN W.P.(MD)No.640 of 2011 K.Viswambaran : Petitioner Vs. 1.The Registrar of Co-operatives, NVN, Natarajan Maaligai, 170, E.V.R.Periyar High Road, Kilpauk, Chennai-10. 2.Joint Registrar of Co-operative Societies, K.P.Road, Nagercoil, Kanyakumari District. 3.The Secretary, Thuckalay Co-operative Primary Agriculture and Rural Development Bank Ltd., KV.69, Methukadai, Thuckkalai & Post, Kanyakumari District. : Respondents Prayer: Writ Petition is filed under Article 226 of the Constitution of India praying for the issue of a Writ of Mandamus, directing the respondents to implement G.O.Ms.No.77 (2D) dated 22.07.2009 and refund the excess loan amount sum of Rs.2,65,543/- and consider the petitioner's representation dated 31.12.2010. For Petitioner : Mr.H.Velavadhas For Respondents 1&2 : Mr.S.Shanmugavel Additional Government Pleader For Respondent No.3 : Mr.C.G.Pethan Raj ******** ORDER ****** The petitioner seeks a Writ of Mandamus, directing the respondents to implement the Government Order in G.O.Ms.No.77 (2D) dated 22.07.2009 and refund the excess loan amount of Rs.2,65,543/- based on his representation dated 31.12.2010. 2. The petitioner appears to have taken loan from the third respondent on 31.03.1998. According to the petitioner, the third https://hcservices.ecourts.gov.in/hcservices/ 2 respondent has not given the benefits of the Government Order in G.O.Ms.No.77 (2D) dated 22.07.2009 and as such, direction should be issued to refund the amount collected in excess of the actual due. 3. The learned counsel for the third respondent submits that the appropriate remedy is to approach the Deputy Registrar of Co- operative Societies, Nagercoil at Kanyakumari District. 4. Accordingly, the petitioner is granted liberty to approach the Deputy Registrar of Co-operative Societies, Nagercoil at Kanyakumari District with appropriate application to avail the benefits of the Government Order in G.O.Ms.No.77 (2D) dated 22.07.2009 and in the event of making any such request, the said authority is directed to consider and dispose of the matter on merits and as per law, as expeditiously as possible and in any case, within a period of four months from the date of receipt of such application. 5. The Writ Petition is disposed of with the above direction. No costs. Sd/- Assistant Registrar (P&A) /True copy/ Sub Assistant Registrar To 1.The Registrar of Co-operatives, NVN, Natarajan Maaligai, 170, E.V.R.Periyar High Road, Kilpauk, Chennai-10. 2.The Joint Registrar of Co-operative Societies, K.P.Road, Nagercoil, Kanyakumari District. 3.The Secretary, Thuckalay Co-operative Primary Agriculture and Rural Development Bank Ltd., KV.69, Methukadai, Thuckkalai & Post, Kanyakumari District. +1 CC TO MR.R.SARAVANAN, ADVOCATE S.R NO. 9561 +1 CC TO THE SPECIAL GOVERNMENT PLEADER S.R NO. 9920 Order made in W.P.(MD)No.640 of 2011 Dated:- 22.02.2011 SML PAM 14.03.2011/6C/2P https://hcservices.ecourts.gov.in/hcservices/