THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR W.P.No.33003 of 2015 and 14349 to 14351 of 2017 and W.M.P.No.15568 to 15570 of 2017 and M.P.No.1 of 2015 G.Danabalan ... Petitioner in W.P.No.14349/2017 & W.P.No.33003/2015 D.Karthikeyan ... Petitioner in W.P.No.14350/2017 D.Sivasankaran ... Petitioner in W.P.No.14351/2017 Vs.
1 The Registrar of Cooperative Societies No.170 N.V.Natarajan Maaligai Poonamallee High Road Kilpauk Chennai-10
2 The Deputy Registrar Tamilnadu coop. State Agricultral & Rural Development Bank Dy. Registrar Office Near Lakshmi Narayana Bank Thiruvarur
3 The Managing Director Primary Coop. Agriculture & Rural Development Ltd. Kudavasal Nannilam Taluk Tiruvarur District Post Code 612 601 ... Respondents in all W.Ps.
Prayer in W.P.No.14349 of 2017:
Writ petition filed under Article 226 of the Constitution of India, praying for the issuance of a Writ of Certiorari Mandamus, calling upon the proceedings of the 2nd respondent passed the impugned order Nos.CEP No.35/2012-2013 dated on 12.5.2017 for sale notice to the petitioner property situated comprised in Survey No.156/6 an extent of 0.28.5 Hectare Land along with Marriage Hall Water Service Station and buildings thereon at Kudavasal Village Nannilam Taluk Thiruvarur District and quash the same as illegal and consequently direct the 1 to 3 respondents let the petitioner to avail the one time settlement scheme under the G.O.No.139 dated 17.12.2014 issued by the Chief Secretary of State Government for the reasons to wait till the final decision of the pending W.P.No.33003/2015 on the file of this Court.
Prayer in W.P.No.14350 of 2017:
Writ petition filed under Article 226 of the Constitution of India, praying for the issuance of a Writ of Certiorari Mandamus, calling upon the proceedings of the 2nd respondent passed the impugned order Nos.CEP No.37/2012-2013 dated on 12.5.2017 for sale notice to the petitioner property situates comprised in Survey No.167/17B an extent of 0.04.35 Hectare Land along residential house thereon at Kudavasal Village Nannilam Taluk Thiruvarur District and quash the same as illegal and consequently direct the 1 to 3 respondents let the petitioner to avail the one time settlement scheme under the G.O.No.139 dated 17.12.2014 issued by the Chief Secretary of State Government for the reasons to wait till the final decision of the pending W.P.No.33003/2015 on the file of this Court.
Prayer in W.P.No.14351 of 2017:
Writ petition filed under Article 226 of the Constitution of India, praying for the issuance of a Writ of Mandamus, Directing the respondents to pay the arrears of salary from December 2014 and consequentially direct the respondents to regularise the petitioners employment as sanitary worker.
Prayer in W.P.No.33003 of 2015:
Writ petition filed under Article 226 of the Constitution of India, praying for the issuance of a Writ of Mandamus, calling upon the proceedings of the 1st respondent passed the Impugned order dated on 25.09.2015 and rejected the petitioner representation dated 05.08.2015 for the proposal of one time settlement for the Loan Account Nos: NFS:54 91 105 & 117 with the 1st respondent bank and quash the same as illegal and consequently direct the 1 to 5 respondents let the petitioner to avail the one time settlement scheme under the G.O.No.139 dated 17.12.2014 issued by the Chief Secretary of State Government.
For Petitioner in all WPs. : Mr.C.Nithysh Sekhar For Respondents 1 & 2 : Mr.T.Girija, G.A.
in all W.Ps.
For Respondent No.3 : Mr.L.P.Shanmugasundaram in all W.Ps.
***** COMMON ORDER As the facts and issue involved in all the above writ petitions are similar in nature, they are tagged together and are being disposed of by this common order. For the sake of brevity, the facts in W.P.No.14349 of 2017 is taken up for disposal.
2 By consent of both side counsel, the writ petitions itself have been taken up for final disposal.
3 According to the petitioner, petitioner availed Non Farm Sector loan from the first respondent bank namely Nos: NFS-91/2002 for Rs.15,00,000/-, NFS - 117/2002 for Rs.2,41,632/- and his son D.Sivasankaran has availed the following no farming sector loan Nos. NFS-54/1998 for Rs.1,47,351/- and NFS-105/2002 for Rs.2,71,830/-
in the year 1998 and 2002 for construction of marriage hall and vehicle loan and the said properties were pledged with the first respondent bank. In this connection, criminal cases in C.C.No.126 and 127 of 2010 are pending before the Judicial Magistrate Court, Thiruvarur. In the meantime, Government has passed G.O.Ms.No. 139/2014 of Cooperative, Food and Consumer Protection department, dated 17.12.2014 for waiver of penal interest and one time settlement for Non farming scheme loans pending across the state Cooperative Bank. The aforesaid G.O. has been communicated to the third respondent. However, the representation of the petitioner was rejected on the ground that criminal case is pending against the petitioner. Hence, the petitioner has filed the writ petition before this Court.
4 The learned Government Advocate for the respondents filed counter affidavit before this Court. The counsel for the respondents submitted that following criminal cases are pending against the petitioner and his son Thiru D.Sivasankaran.
1 C.C.No.126 of 2010 before the Judicial Magistrate Court, Tiruvarur against D.Sivasankaran and two others for having tampering the original deed.
2 C.C.No.127of 2010 before the Judicial Magistrate Court, Tiruvarur against D.Sivasankaran for having illegally cancelled the hire purchase entry in registered certificate of the Loan Trax van.
5 According to the learned Government Advocate for the respondents, the one time settlement scheme announced by the Government in G.O.Ms.No.139/2014 of Cooperative, Food and Consumer Protection department, dated 7.12.2014 has been extended in G.O.Ms.No.74, dated 16.5.2017 by extending the period upto 30.9.2017. It is clear from the fact that the period has been extended till 30.9.2017.
6 In the light of the above submission made by the counsel on either side, it is not the case of the respondent that there is bar under the G.O. to avail benefit under the Scheme as announced by the Government in the aforesaid G.O. Since there is no bar for granting benefit under the scheme against the persons whom criminal case has been registered, the respondent cannot deny benefit granted under the said Scheme for the reason stated above.
7 Therefore, this Court is inclined to direct the petitioners to make fresh representation before the third respondent in the light of the G.O.Ms.No.139/2014, dated 7.12.2014 and G.O.Ms.No.74, dated 16.5.2017 issued by the Cooperative, Food and Consumer Protection department. On receipt of such representations, the third respondent is directed to pass appropriate orders in accordance with law within a period of two weeks from the date of receipt of copy of this order.
8 Accordingly, all the writ petitions are disposed of with the above directions. No costs. Consequently, connected miscellaneous petitions are closed.
14.6.2017 Speaking / Non Speaking order Index : Yes/No Internet : Yes/No vaan To
1 The Registrar of Cooperative Societies No.170 N.V.Natarajan Maaligai Poonamallee High Road Kilpauk Chennai-10
2 The Deputy Registrar Tamilnadu coop. State Agricultral & Rural Development Bank Dy. Registrar Office Near Lakshmi Narayana Bank Thiruvarur
3 The Managing Director Primary Coop. Agriculture & Rural Development Ltd. Kudavasal Nannilam Taluk Tiruvarur District Post Code 612 601 D.KRISHNAKUMAR, J.
vaan W.P.No.33003 of 2015 and W.P.No.14349 to 14351 of 2017 and W.M.P.No.15568 to 15570 of 2017 14.06.2017 http://www.judis.nic.in