Madras High Court
P.Gowdaman vs The Deputy Registrar ... on 9 October, 2023
WP(MD)No.15866 of 2020
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 09.10.2023
CORAM
THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH
W.P.(MD)No.15866 of 2020
P.Gowdaman ...Petitioner
/Vs./
1.The Deputy Registrar (Cooperative Societies),
O/o. Cooperative Societies' Deputy Registrar,
Medical College Road, Thanjavur-4.
2.The Managing Director,
E-197/3623, Karunthattankudi Diravida
Cooperative Town Bank Limited,
Karunthattankudi, Thanjavur-2. ...Respondents
PRAYER:- Petition - filed under Article 226 of the Constitution of India, to
issue a Writ of Mandamus, to direct the 2nd respondent to re-convey/release the
petitioner's property in T.S.No.2266 and T.S.No.2270/2 in Thanjavur and the
land in R.S.No.89, 90/1 and 2 and 30/1 in Ramapuram village in Thanjavur
Taluk, which is mortgaged under loan A/C No.63/SSI, by receiving a sum of
Rs.5,39,524/- and by disposing the petitioner's representation dated 14.09.2020.
For Petitioner : Mr.R.Suriyanarayanan
For Respondents : Mr.A.K.Manikkam
Special Government Pleader
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WP(MD)No.15866 of 2020
ORDER
This writ petition has been filed for issuance of writ of mandamus,
directing the second respondent to release / reconvey the subject properties by
receiving one time settlement pursuant to the representation made by the
petitioner on 14.09.2020.
2. The case of the petitioner is that he is a member of the second
respondent bank. The petitioner borrowed a sum of Rs.3,22,500/- by
mortgaging his properties in order to establish fishing firm. The petitioner
committed default in the repayment of the loan and hence, proceedings were
initiated by the first respondent under Section 90 of the the Tamil Nadu Co-
operative Societies Act, 1983.
3. Pursuant to initiation of the proceedings, the properties belonging to
the petitioner were also attached. At that point of time, the petitioner offered
one time settlement to pay a sum of Rs.5,77,968/- by relying upon relevant
Government Order and this offer was also rejected. Criminal proceedings were
also initiated by the second respondent against petitioner and others in CC No.
138 of 2004 on the ground that the loan was obtained by giving false
particulars.
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WP(MD)No.15866 of 2020
3. The proceedings that were initiated by the first respondent ended up
with an order passed on 08.02.2005 against the petitioner. Aggrieved by the
same, the petitioner filed an appeal in CMA No.9 of 2005 before the Principal
District Judge, Thanjavur and the same was allowed on 16.02.2010 by setting
aside the order passed by the first respondent and the matter was remanded back
to the file of the first respondent for fresh disposal. According to the petitioner,
pursuant to the remand, the first respondent did not pass any orders and the
matter was kept pending. Insofar as the criminal prosecution is concerned, the
same ended in acquittal by virtue of the judgment passed by the learned judicial
Magistrate I, Thanjavur, dated 31.01.2019 and this judgment also became final.
4. It is under these circumstances the petitioner has knocked the doors of
this Court by seeking for appropriate relief on the ground that there has been
absolutely no progress from the side of the first respondent, even though the
matter was remanded back as early as in the year 2010. When the matter came
up for hearing on 05.10.2023, this Court passed the following order:-
“The petitioner has taken a stand that the amount that is
sought to be recovered is already barred by limitation. However,
the learned counsel appearing for the petitioner is willing to
make one time settlement to the second respondent and he seeks
further direction to the second respondent to reconvey the
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WP(MD)No.15866 of 2020
property in favour of the petitioner.
2. The learned Special Government Pleader seeks for time
to take instructions in this regard.
3. Post this case under the caption 'For orders' on
09.10.2023.”
5. When the matter was taken up today, the learned Special Government
Pleader appearing on behalf of the respondents placed the communication
received from the second respondent dated 07.10.2023. From the said
communication, it is seen that the second respondent has calculated the interest
and the principal and has arrived at a total sum of Rs.10,09,019/- payable by the
petitioner. The breakup figures for the entire period, where the interest has been
calculated, is also annexed along with the communication.
6. Thus, if the petitioner pays the sum of Rs.10,09,019/- to the second
respondent bank, the loan amount will get settled and the properties belonging
to the petitioner will also be released from the attachment. When the above was
brought to the notice of the learned counsel for the petitioner, the learned
counsel submitted that sometime is required for the petitioner to pay the
amount.
7. Taking into consideration the facts and circumstances of the case and
also the fact that the matter has been pending for quite a long time for nearly 23
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WP(MD)No.15866 of 2020
years, the issue has to be brought to an end. While doing so, the interest of the
bank and also the interest of the petitioner has to be balanced by this Court.
Accordingly, there shall be a direction to the petitioner to pay the sum of
Rs.10,09,019/- (Rupees Ten Lakhs and Nine Thousand Nineteen only) within a
period of two months from today to the second respondent. On receipt of such
payment, the second respondent bank shall issue necessary proceedings by
closing the loan and lifting the attachment made against the properties that were
given as security.
8. It is made clear that one last opportunity is given to the petitioner to
clear the above said amount and to get the properties relieved from the
attachment. If the petitioner fails to make the payment, it is left open to the
second respondent to proceed further to recover the amount by bringing the
property for sale.
9. This writ petition is disposed with the above directions. No costs.
09.10.2023
NCC : Yes/No
Internet :Yes/No
Index :Yes/No
sm
https://www.mhc.tn.gov.in/judis
WP(MD)No.15866 of 2020
N.ANAND VENKATESH, J.
sm
TO:
1.The Deputy Registrar (Cooperative Societies),
O/o. Cooperative Societies' Deputy Registrar,
Medical College Road, Thanjavur-4.
2.The Managing Director,
E-197/3623, Karunthattankudi Diravida
Cooperative Town Bank Limited,
Karunthattankudi, Thanjavur-2.
Order made in
W.P.(MD)No.15866 of 2020
Dated:
09.10.2023
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