Adma Iyarkai Vivasayeegal Vilaiporul Aarval Kuzhu represented by its President, Pilparuthi Post, Dharmapuri District has approached this Court challenging the impugned order dated 26.9.2016 passed by the Deputy Registrar of Co-operative Societies, Dharmapuri Zone, the fourth respondent herein in Na.Ka.No.3037/2016/tho.sa 1(4) and to quash the same with a consequential direction to the respondents to waive the loans of the members of the petitioner's association by invoking the Government Order in G.O.Ms.Nos.50 and 59, Co-operation, Food and Consumer Protection (CCI) Department dated 23.05.2016 and 28.06.2016 respectively.
2. Learned counsel for the petitioner submitted that the Adma Iyarkai Vivasayeegal Vilaiporul Aarval Kuzhu, a society registered under the Tamil Nadu Societies Registration Act, 1975 in Serial No.119 of 2016, consists of 19 members including its President. When all the members of the Kuzhu had obtained individual loan and also repaid the same along with interest thereon to the fifth respondent society, namely, S.641, Pilparthi Primary Agricultural Co-operative Credit Society Limited for the period 2015-16 before 19th January, 2016, all the members have once again applied for sanction of loan for the period 2016-17 before the fifth respondent. But the fifth respondent had orally informed all the 19 members of the petitioner Kuzhu not to put any date in the application forms. Accordingly, all the 19 members, after filling up the loan application forms and after duly signing the same, have submitted the forms without putting the date as requested by the fifth respondent. However, the fifth respondent, without even sanctioning the loan, delayed it by stating one or other reason(s). But after some time, the fifth respondent finally sanctioned the loan only in the month of April, 2016 to the members. Since the Government of Tamil Nadu has passed G.O.Ms.No.50, Co-operation, Food and Consumer Protection (CCI) Department dated 23.5.2016 ordering that the outstanding Crop Loan, Medium Term (Agriculture) Loan and Long Term (Farm Sector) Loan issued to the small and marginal farmers by the Co-operative Banks as on 31.3.2016 be waived, the delay in the sanction of loan to the members of the Kuzhu by the fifth respondent has caused huge loss. Had the fifth respondent not delayed the sanction of loan, the members of the petitioner would have got the benefit of the aforementioned Government Order, he pleaded.
3. The learned Special Government Pleader, taking notice on behalf of the respondents, heavily contended that the writ petition filed by the Kuzhu on behalf of its members seeking waiver of the loan cannot be entertained, since the affected individual alone has to approach the concerned respondent.
4. I find merits in the submission of the learned Special Government Pleader for the respondents. Firstly, the writ petition cannot be entertained at the instance of the petitioner Kuzhu without the individual approaching the concerned respondent. Secondly, in the present case, all the members of the petitioner Kuzhu had rightly repaid the loans before 19.1.2016 to the fifth respondent, paving the way for availing the fresh loan for the year 2016-17. Therefore, the delay in the process of sanctioning the loan by the fifth respondent cannot be taken as a cause of action by the petitioner Kuzhu for coming to this Court to claim the benefit of the G.O.Ms.Nos.50 and 59, Co-operation, Food and Consumer Protection (CCI) Department dated 23.05.2016 and 28.06.2016 respectively. Hence this Court is not inclined to entertain the writ petition. Accordingly, the writ petition fails and it is dismissed. Consequently, W.M.P.Nos.197 and 198 of 2017 are also dismissed. No costs.