This Writ Petition has been filed seeking to direct the respondents to return back the pledged jewels to the petitioners after receipt of the entire dues.
2. Learned counsel for the petitioner submitted that the petitioners borrowed loan from the 2nd respondent Society, by pledging jewels, as detailed below :
After one year term, when the petitioners approached the 2nd respondent to settle the entire dues, along with interest, he refused to return the jewels, on the reasoning that the 1st petitioner's husband is facing surcharge proceedings. On the written representations of the petitioners dated 08.03.2016 and 20.06.2016, requesting to permit them to settle the entire dues and take back the jewels, no orders were passed. Aggrieved by the same, the petitioners have filed the present writ petition before this Court.
3. Learned Special Government Pleader would submit that the representations dated 08.03.2016 and 20.06.2016 are made jointly by the petitioners. If the petitioners submit their fresh representations individually, the respondent Society will consider the same, in accordance with law.
4. Considered the submissions made by the learned counsel for both parties and perused the material available on records.
5. It is not known why the respondent society has not considered the said representation made by the petitioners, inspite of the entire due amount being settled. Once loan amount is discharged, the respondent society is liable to return the jewels to the petitioners. The 2nd respondent has assigned loan account numbers individually, to the petitioners.
6. Therefore, as stated by the learned Special Government Pleader, the petitioners are directed to submit fresh representations to the 2nd respondent, individually, to the 2nd respondent, within a period of two weeks from the date of receipt of a copy of this order. On receipt of such representation, the respondents are directed to consider the same, in accordance with law, and pass orders, as expeditiously as possible, preferably within a period of six weeks, thereafter.
7. The Writ Petition is disposed of, on the above terms. Consequently, the connected Miscellaneous Petition is closed. No order as to costs. 22.03.2017 Index: Yes/ No Speaking order/ Non-speaking order avr To
1.The Deputy Registrar of Co-operative Societies Tiruchengode Circle Tiruchengode, Namakkal District.
2. The Managing Director, No.8994, Tiruchengode Co-operative Urban Bank, Tiruchengode, Namakkal District.
D. KRISHNAKUMAR J.
avr W.P. No.25341 of 2016 and W.M.P No.21653 of 2016 22.03.2017 http://www.judis.nic.in