Madras High Court
WP(MD)/25058/2016 of THANGASAMY, Vs THE DISTRICT COLLECTOR, on 29 December 2016
BENCH OF MADRAS HIGH COURT DATED : 29.12.2016 CORAM THE HONOURABLE MR.JUSTICE K.KALYANASUNDARAM W.P(MD).No.25058 of 2016 and W.M.P(MD)No.18135 of 2016 1.Thangasamy 2.Paulsamy 3.Mariappan 4.Muthulakshmi 5.Paramasivan 6.Mariappan 7.Selvakumar 8.Palammal ... Petitioners Vs 1. The District
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 29.12.2016
CORAM
THE HONOURABLE MR.JUSTICE K.KALYANASUNDARAM
W.P(MD).No.25058 of 2016andW.M.P(MD)No.18135 of 2016
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1. Thangasamy
2. Paulsamy
3. Mariappan4.Muthulakshmi5.Paramasivan6.Mariappan7.Selvakumar8.Palammal...Petitioners
Vs
1. The District Collector Tirunelveli District.
2. The Joint Registrar, Cooperative Societies, Tirunelveli Region, No.2, Sarvenga Street, Palayamkottai, Tirunelveli
3. The Managing Director, O.965, Sankarankoil Agricultural Producers, 143A, Rajapalayam Road, Sankarankoil, Tirunelveli District....Respondents This Writ Petition has been filed under Article 226 of theConstitution of India praying for a Writ of Mandamus directing therespondents to receive respective loan amount and to return backthe respective paddy bags forthwith.
For petitioner : Mr.T.A.Ebenezer For respondents : Mr.C.Selvaraj Spl. Govt. Pleader ORDER
The petitioner seeks for a direction to the respondentsto receive respective loan amount and to return back the respective paddy bags forthwith.
2. Mr.C.Selvaraj, learned Special Government Pleadertakes notice for the respondents. By consent, this Writ Petitionitself is taken up for final disposal.
3. The case of the petitioners that they areagriculturalists and they have mortgaged their paddy bags, whichwere reaped and harvested in the month of Thai and Masi, with thethird respondent, while borrowing loan of Rs.3,00,000/- each. Itis the further case of the petitioners that they received finalnotice, dated 09.12.2016, from the third respondent directing themto pay the loan amount along with the interests and otherexpenses, failing which, the paddy bags mortgaged would beauctioned. Therefore, the petitioners immediately approached thethird respondent with the entire due to get back the paddy bags.But the third respondent has not accepted the same. Hence, thepetitioners sent a representation to the respondents on12.12.2016. Since no order has been passed, the petitioners havecome before this Court with the relief as stated supra.
4. Heard the learned counsel appearing for the petitioner andthe learned Special Government Pleader appearing for therespondents.
5. Considering the case of the petitioners, the thirdrespondent is directed to receive the loan amount from thepetitioners as per representation and return the paddy bagsforthwith.
6. With the above direction, this Writ Petition stands disposedof. No costs. Consequently, connected miscellaneous petition isclosed.Sd/-Assistant Registrar(Accounts)
/True copy/
Sub Assistant Registrar
To
1. The District Collector, Tirunelveli District.
2. The Joint Registrar, Cooperative Societies, Tirunelveli Region, No.2, Sarvenga Street, Palayankottai, Tirunelveli
3. The Managing Director,
O.965, Sankarankoil Agricultural Producers, 143A, Rajapalayam Road, Sankarankoil, Tirunelveli District.+1 cc to M/s.R.M.Annamalai, Advocate in SR.No. 83712
W.P(MD).No.25058 of 2016andW.M.P(MD)No.18135 of 201629.12.2016
JAM/SS-3/SAR-II/29.12.2016 :2P/5C