1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 02.12.2011 CORAM: THE HONOURABLE MR.JUSTICE V.RAMASUBRAMANIAN Writ Petition(MD)No.13697 of 2011 N.Dhanalakshmi ... Petitioner Vs. 1.The Joint Registrar of Co-operative Societies, Collector Office Compound, Thanthonimalai, Karur-639 005. 2.The Deputy Registrar of Co-operative Societies and Arbitrator, Thanthoni Malai, Karur-639 005. 3.The Secretary, Karur Town Co-operative Bank Ltd., No.924, Door No.92, Mettu Theru, Karur-639 001. 4.The Special Officer, Karur Town Co-operative Bank Ltd., No.924, Door No.92, Mettu Theru, Karur-639 001. ... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India for the issuance of a Writ of Mandamus, directing the Respondents 1 to 4 to dispose of the Petitioner s representation dated 19.02.2011 given for the availment of Special Loan Settlement Scheme announced by the Government of Tamil Nadu as per G.O.(2D) No.77 Co-operative Food and Consumer Protection Department dated 22-07-2009 and its consequential Government Letter extending the period of its benefit upto 31-12-2011 under Na.Ka.109979/2010/Ma.Va.Ko.3 dated 03-12-2010 within a period fixed by this Honourable Court. For Petitioner : Mr.V.Nagendran For Respondents : Mr.M.Alaguthevan Special Government Pleader. O R D E R The petitioner has come up with the above writ petition seeking a Mandamus to direct the respondents 1 to 4 to dispose of his representation for the grant of benefits under a special loan settlement scheme announced by the Government of Tamil Nadu. https://hcservices.ecourts.gov.in/hcservices/ 2 2.Heard Mr.V.Nagendran, learned counsel for the petitioner. Mr.M.Alagathevan, learned Special Government Pleader takes notice for the respondents. 3.The petitioner obtained a business loan of Rs.3,60,000/- in the year 2002 from the Karur Town Co-operative Bank for running a saw mill. She had granted her house property as security. 4.Since the petitioner was not prompt in repayment, a dispute was raised under Section 90 of the Tamil Nadu Co-operative Societies Act, 1983 before the Arbitrator. The Arbitrator passed an award exparte on 12.04.2005. 5.As against the said arbitration award, the petitioner filed a statutory appeal under Section 152 of the Act in C.M.A.(CS) No.1 of 2008 on the file of the District Court, Karur. Unfortunately, the District Court, Karur allowed the C.M.A.(CS)No.1 of 2008, on wholly illegal basis, permitting the petitioner to pay a total amount of Rs.5,00,000/- towards the discharge of the loan. But the said order of the District Court passed in C.M.A.(CS)No.1 of 2008, dated 2.12.2009, was set aside by this Court in C.R.P.No.713 of 2010 by an order dated 01.02.2011. This Court remitted the matter back to the District Court and the appeal is now pending. 6.At this stage, the petitioner has come up with the above writ petition seeking the benefits of the loan settlement scheme floated by the Government in G.O.(2D)No.133, Co-operation, Food and Consumer Protection Department, dated 30.11.2010. But to come under the said Government order, the petitioner ought to have paid 25% of the dues as on that date, before 28.02.2011. Moreover, I do not know if the said scheme is applicable to business loans granted and to persons who have suffered arbitration awards and whose cases are pending before the Tribunal. 7.In any event, the prayer in the writ petition is primarily against the Co-operative Society, though the other parties are also impleaded. Therefore, the writ petition cannot be entertained in view of the Larger Bench decision of this Court reported in 2006 (4) CTC 689 (K.Marappan Vs.The Deputy Registrar of Co-operative Societies, Namakkal Circle, Namakkal – 636 001 and another). Hence, it is dismissed. No costs. Sd/- Deputy Registrar (Writs) /True Copy/ Assistant Registrar https://hcservices.ecourts.gov.in/hcservices/ 3 To 1.The Joint Registrar of Co-operative Societies, Collector Office Compound, Thanthonimalai, Karur-639 005. 2.The Deputy Registrar of Co-operative Societies and Arbitrator, Thanthoni Malai, Karur-639 005. 3.The Secretary, Karur Town Co-operative Bank Ltd., No.924, Door No.92, Mettu Theru, Karur-639 001. 4.The Special Officer, Karur Town Co-operative Bank Ltd., No.924, Door No.92, Mettu Theru, Karur-639 001. +one cc to Special Government Pleader, Sr.No. 42690 Writ Petition(MD)No.13697 of 2011 02.12.2011 sms SMA/02.01.2012/6C/3P https://hcservices.ecourts.gov.in/hcservices/