Madras High Court
The Secretary vs S.Ashok Kumar on 30 June, 2022
W.A.(MD)No.631 of 2022
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 30.06.2022
CORAM:
THE HONOURABLE MR.JUSTICE P.N.PRAKASH
and
THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR
W.A.(MD)No.631 of 2022
and
C.M.P.(MD)No.5283 of 2022
The Secretary,
M.M.3144, Medical Department,
Staff-Employees Co-operative Thrift
and Credit Society Limited,
Medical College,
Madurai – 625 020. : Appellant
Vs.
1.S.Ashok Kumar
2.The Circle Deputy Registrar of
Co-operative Societies,
O/F Circle Deputy Registrar of
Co-operative Societies,
Krishnarao Tank Street,
Madurai – 625 001.
1/6
https://www.mhc.tn.gov.in/judis
W.A.(MD)No.631 of 2022
3.The Junior Administrative Officer,
Government Hospital,
Thirumangalam,
Madurai District.
4.D.Koodalingam : Respondents
PRAYER: Writ Appeal filed under Clause 15 of Letter Patent,
praying to allow the Appeal, set aside the order passed in W.P.
(MD)No.21164 of 2016 dated 24.03.2022.
For Petitioner : Mr.T.Ravichandran
For Respondents 1 to 3 : Mr.D.Sadiq Raja
Additional Government Pleader
JUDGMENT
**************
[Judgment of the Court was delivered by R.VIJAYAKUMAR, J.]
The present Writ Appeal has been filed challenging the
order passed by the learned Single Judge, under which the writ
petitioner has prayed for quashing the order of attachment and to
recover the loan amount from the fourth respondent.
https://www.mhc.tn.gov.in/judis
W.A.(MD)No.631 of 2022
2.According to the petitioner, he stood as a guarantor for
the fourth respondent herein and the fourth respondent has not
repaid the loan amount in time. Due to the said default of the
fourth respondent, the salary of the petitioner was attached by an
order dated 29.08.2016. Under the said order, the employer of the
petitioner was directed to recover a sum of Rs.5,000/- for a period
of 60 months and remit the monthly instalments.
3.As per the order dated 29.08.2016, the writ petitioner
had paid the monthly instalments at the rate of Rs.5,000/- from July
2016 till October 2021, totalling an amount of Rs.3,20,000/-
extending for a period of 64 months. Even thereafter, when the
third respondent Society started to recover the amount, the
petitioner has approached this Court to quash the order of
attachment. The learned Single Judge after going through the order
of attachment and the payments made by the writ petitioner has
arrived at the finding that instead of Rs.3,03,100/- the petitioner
has even paid an excess amount. After arriving at such a factual
finding, the learned Single Judge has passed an order that the
entire loan amount has been fully and finally settled by the
petitioner and the learned Single Judge has also passed an order
restraining the Cooperative Bank from collecting any further
amount. This order is under challenge before us.
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W.A.(MD)No.631 of 2022
4.Learned Counsel for the appellant Cooperative Society
submitted that the interest has been calculated and for future
interest, the order of attachment has to be continued even beyond
60 months.
5.We are not in agreement with the said submission. A
perusal of the order dated 29.08.2016 clearly discloses the fact that
including interest, the EMI at the rate of Rs.5,000/- has been
arrived at by the authority who had passed the order. In fact, the
writ petitioner has suffered recovery more than the above order. In
the above circumstances, we do not find any illegality or infirmity
in the order passed by the learned Single Judge and this Writ
Appeal is devoid of merits.
6.Accordingly, this Writ Appeal stands dismissed.
However, there shall be no order as to costs. Consequently, the
connected miscellaneous petition is closed.
[P.N.P.,J.] & [R.V.,J.]
30.06.2022
Index : Yes/No
Internet : Yes/No
MR
https://www.mhc.tn.gov.in/judis
W.A.(MD)No.631 of 2022
To
1.The Circle Deputy Registrar of
Co-operative Societies,
O/F Circle Deputy Registrar of
Co-operative Societies,
Krishnarao Tank Street,
Madurai – 625 001.
2.The Junior Administrative Officer,
Government Hospital,
Thirumangalam,
Madurai District.
https://www.mhc.tn.gov.in/judis
W.A.(MD)No.631 of 2022
P.N.PRAKASH, J.
and
R.VIJAYAKUMAR, J.
MR
ORDER MADE IN
W.A.(MD)No.631 of 2022
30.06.2022
https://www.mhc.tn.gov.in/judis
