Madras High Court
D.Devaki vs The Deputy Registrar Of ... on 20 April, 2023
W.P(MD)No.1152 of 2023
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED:20.04.2023
CORAM
THE HONOURABLE MR.JUSTICE C.V.KARTHIKEYAN
W.P(MD).No.1152 of 2023
D.Devaki
... Petitioner
Vs
1. The Deputy Registrar of Cooperative Societies,
Tiruchirappalli Circle, Tiruchirappalli - 620 020.
2. The Secretary,
YT50, Tiruchirappalli District Public Health Department
Employees Cooperative Thrift and Society Limited,
EVR Road, Puthur, (Opp. to Super Market),
Tiruchirappalli – 620 017
... Respondents
Prayer:Writ Petition filed under Article 226 of the Constitution of India,
praying this Court to issue a Writ of Mandamus, directing the respondents to
close the Membership of the petitioner in YT50, Tiruchirappalli District
Public Health Department Employees Cooperative Thrift and Society Limited,
EVR Road, Puthur, Tiruchirappalli and issue 'no-due certificate' so as to
enable the petitioner to get retirement benefit, by considering the petitioner's
representation, dated 24.12.2021.
1/6
https://www.mhc.tn.gov.in/judis
W.P(MD)No.1152 of 2023
For Petitioner :Mr. D.Shanmugaraja Sethupathi
For R1 to R3 :Mr.S.Shanmugavel
Additional Government Pleader
ORDER
The writ petition had been filed in the nature of mandamus,
seeking a direction against the respondents particularly the second
respondent/Secretary of YT50, Tiruchirappalli District Public Health
Department Employees Cooperative Thrift and Society Limited, EVR Road,
Puthur, Tiruchirappalli to close the membership of the petitioner and issue
'no-due certificate', so that the petitioner would get retirement benefit. The
petitioner had given a representation on 24.12.2021.
2.The petitioner was a member of the said society. As a member
of the society, she was entitled to obtain a loan. She had also obtained the
loan. The payment was made from her monthly salary for a period of 36
months. The loan was remitted to the Society, by her employer, till January
2005. Since the Society became defunct and it was closed from December
2004, no demand was raised by the Society and the employer also did not
deduct the EMI from her salary.
https://www.mhc.tn.gov.in/judis
W.P(MD)No.1152 of 2023
3.The petitioner attained the age of superannuation and for
retirement benefits, she has to produce 'no-due certificate' from the society.
Naturally, it could not be issued, because there was an outstanding amount of
loan.
4.The petitioner had filed a writ petition in WP(MD)No.2498 of
2019 and the petitioner was directed to raise a dispute under Section 90 of the
Tamil Nadu Co-operative Societies Act, 1983. Therefore, the petitioner has
raised a dispute and the same was dismissed by the first respondent holding
that the petitioner has to pay 84,400/-, along with accrued interest.
5.Challenging that particular award, the petitioner had filed a
statutory appeal, before the Principal District Court in CMA(CS)No.22 of
2021.
6.In the counter affidavit filed by the respondents, it is stated that
the matter had been posted for Judgment on 16.03.2023. It is not informed to
this Court whether the Judgment was delivered or not.
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W.P(MD)No.1152 of 2023
7.The petitioner had paid the entire amount and the respondents
have also received the same. The petitioner, therefore, filed a petition for
issuance of 'no-due certificate', which would enable the petitioner to receive
the retirement benefits.
8.In the counter affidavit, it had been particularly admitted that
the petitioner had deposited Rs.45,911/-, which was termed as balance amount
and it had also been stated that she has remitted the said amount “with
objections”.
9.I that said reservation of right cannot be given any credence.
Since the petitioner has paid the loan amount to the second respondent and
the second respondent has also received the said amount, there is no
relationship of borrower or lender between the second respondent and the
petitioner herein.
10.A direction is, therefore, given to the petitioner to go over to
the office of the second respondent in the first week of May, 2023 and the
second respondent and petitioner to reconcile the amounts already paid and as
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W.P(MD)No.1152 of 2023
stated in the counter affidavit, if the amount had already been received, within
a period of two weeks thereafter, irrespective of whether the CMA is pending
or not, the respondent may issue 'no-due certificate'. Even though the
petitioner had paid the amount, if the order has not been passed in the
aforementioned CMA(CS)No.22 of 2021, the learned Principal District Judge
may pass orders, based on the materials produced before him/her.
11.With the above directions, this Writ Petition stands disposed.
No costs.
20.04.2023
NCS :Yes/No
Index :Yes/No
Internet:Yes/No
PNM
To
1. The Deputy Registrar of Cooperative Societies,
Tiruchirappalli Circle, Tiruchirappalli - 620 020.
2. The Secretary,
YT50, Tiruchirappalli District Public Health Department
Employees Cooperative Thrift and Society Limited,
EVR Road, Puthur, (Opp. to Super Market),
Tiruchirappalli – 620 017
https://www.mhc.tn.gov.in/judis
W.P(MD)No.1152 of 2023
C.V.KARTHIKEYAN, J.
PNM
ORDER IN
W.P(MD).No.1152 of 2023
20.04.2023
https://www.mhc.tn.gov.in/judis
