HIGH COURT OF JUDICATURE AT MADRAS DATED :06.06.2017 CORAM THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR W.P.No.13919 of 2017 A.Elango .. Petitioner Vs.
1. The Registrar, Tamil Nadu State Co-operative Societies, No.170, EVR Periyar High Road, Kilpauk, Chennai.
2. The Joint Registrar, District Co-operative Society, Virudhachalam, Virudhachalam Taluk, Cuddalore District.
3. I.I.603, V.Sathamangalam Primary Agricultural Co-operative Credit Society, Represented by its Secretary, V.Santhamangalam, Vridhachalam, Cuddalore District. ... Respondents
P r a y e r : Writ Petition is filed under Article 226 of the Constitution of India to issue a Writ of Mandamus to direct the respondents herein to consider the petitioner's representation dated 15.03.2017 for refund of a sum of Rs.2,30,280.00/- in the light of G.O.(Ms)No.50 dated 23.05.2016 and G.O.(Ms)No.59 dated 28.06.2016, Co-operative, Food Consumer
Protection (CCI) Department.
For Petitioner : Mr.T.L.Thirumalaisamy For R1 & R2 : Mr.V.Selvaraj, Additional Government Pleader For R3 : Mr.L.P.Shanmugasundaram, Special Government Pleader O R D E R The petitioner has filed this Writ Petition to issue a Writ of Mandamus to direct the respondents herein to consider the petitioner's representation dated 15.03.2017 for refund of a sum of Rs.2,30,280.00/- in the light of G.O.(Ms)No.50 dated 23.05.2016 and G.O.(Ms)No.59 dated 28.06.2016, Co-operative, Food Consumer Protection (CCI) Department.
2. The short issue involved in the present Civil Revision Petition is that the petitioner made a representation on 15.03.2017 for refund of Rs.2,30,280/- in the light of G.O.(Ms)No.50 dated 23.05.2016 and G.O.(Ms)No.59 dated 28.06.2016, Co-operation, Food and Consumer Protection (CCI) Department. According to the petitioner, the petitioner comes under category of "Small Farmers". As per the guidelines issued in the aforesaid Government Orders, the petitioner is entitled to get the refund of the waiver amount from the third respondent society. As the petitioner did not receive any reply from the third respondent, the petitioner made a representation to the second respondent to refund the amount of Rs.2,30,280/-. The said application is still pending and no order has been passed.
3. Mr.V.Selvaraj, Additional Government Pleader taking notice for the first and second respondent would submit that the said representation would be considered in accordance with law.
4. In view of the limited scope of the prayer in the Writ Petition, without going in to the merits of this case, this court is inclined to direct the second respondent to consider the petitioner's representation dated 15.03.2017 for refunding the amount of Rs.2,30,280/- as expeditiously as possible, on merits and in accordance with law, preferably with in a period of three months from the date of receipt of a copy of this Order.
D . K R I S H N A K U M A R . J , lok
5. The Writ Petition is disposed of with the above directions. No costs.
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1. The Registrar, Tamil Nadu State Co-operative Societies, No.170, EVR Periyar High Road, Kilpauk, Chennai.
2. The Joint Registrar, District Co-operative Society, Virudhachalam, Virudhachalam Taluk, Cuddalore District.
3. The Secretary, I.I.603, V.Sathamangalam Primary Agricultural Co-operative Credit Society, V.Santhamangalam, Vridhachalam, Cuddalore District.
W.P.No.13919 of 2017