The petitioner has filed this Writ Petition seeking a direction to the second respondent to pass orders on the petition dated 23.06.2016 filed under Section 90 of the Tamil Nadu Co-operative Societies Act.
2. Heard Mr.A.Nagarathinam, learned counsel appearing for the petitioner and Mr.V.Selvaraj, learned Additional Government Pleader appearing for the respondents 1 to 3.
3. The petitioner is working as an Assistant in Tamil Nadu State Transport Corporation, Salem and was a member in the third respondent- Society since 1992. The petitioner obtained a loan from the respondent Society to meet out the medical expenses incurred for heart transplantation treatment underwent by his husband. Intially, the loan amount was deducted from the petitoiner's salary and thereafter, she repaid the remaining amount directly in the respondent Society on 03.06.2015. On the same day, she also closed her membership in the respondent-Society. According to the petitioner, the respondent-Society has paid the dividend amount and the thrift amount only upto 31.03.2011 and thereafter, it did not pay the interest, thrift amount and dividend to the members.
4. It is submitted by the petitioner that when she approached the third respondent-Society for payment of thrift amount and dividend, she was informed by the Society that there was no proper fund transfer from the Transport Corporation and hence the respondent-Society could not make payment to the members. However, on information obtained under RTI by her husband, it came to light that the Transport Corporation is paying Rs.1,50,000/- per day to the respondent-Society. Dissatisfied with the act of the respondent-Society, the petitioner raised a dispute and filed a petition dated 23.06.2016 under Section 90 of the Tamil Nadu Co-operative Societies Act, before the second respondent, to direct the respondent-Society to settle his share, thrift, dividend and interest amounts. Accordingly, the second respondent has sent a letter to the third-respondent to take action on the petition dated 23.06.2016. Thereafter, the respondent-Society sent a letter dated 31.08.2016 to the petitioner stating that dividend and thrift interest was paid to the members only upto 31.03.2011 and thereafter the outstanding amount that are due to the members will be considered by the Transport Corporation based on the date of the application filed by the members. But till date, the petitioner has not been favoured with any response. Hence, the petitioner is before this Court to direct the second respondent to consider her petition dated 23.06.2016 filed under Section 90 of the Tamil Nadu Co-operative Societies Act.
5. The learned Special Government Pleader on instructions from the second respondent submitted that the petition dated 23.6.2016 filed by the petitioner will be considered on merits and in accordance with law.
6. Considering the limited scope of prayer sought for by the petitioner in the Writ Petition, without expressing any opinion on the merits of the claim submitted by the petitioner in her petition dated 23.06.2016, directs the second respondent to consider and pass orders on merits and in accordance with law as expeditiously as possible, within a period of three months from the date of receipt of a copy of this order, after affording opportunities to the parties concerned.
7. With the above direction, this Writ Petition is disposed of. No costs.
22.03.2017 ds
1. The Registrar of Co-operative Societies, N.V.Natarajan Maaligai, 170, Periyar EVR High Road, Kilpauk, Chennai - 600 010.
2. The Deputy Registrar, O/o. The Deputy Registrar of Co-operative Societies, Cherry Road, Near Mulluvadi Gate, Backside of Central Co-operative Bank, Salem - 636 001.
3. The Secretary, Tamil Nadu State Transport Corporation (Salem-1) Limited Employees Co-operative Thrift & Credit Society Ltd., 164-A2, Elleam Colony, Sathiya Narayana Road, Swarnapuri, Salem - 636 004.
D.KRISHNAKUMAR,J ds W.P.No.33737 of 2016 22.03.2017