C. Vasudevan v. State of & Consumer Protection Department, Chennai
2012-07-10
R.SUDHAKAR
body2012
DigiLaw.ai
Judgment :- 1. Heard Mr.R.Krishnamoorthy, learned counsel appearing for the petitioners, Mrs.Rajalakshmi, learned Government Advocate (Coop) appearing for the Respondents 1 and 2 and Mr.Mathivanan for Mrs.Muthumani Doraisami, learned counsel appearing for the third Respondent. 2. The petitioners are the members of the third Respondent Primary Agricultural Cooperative Credit Society registered under the Tamil Nadu Cooperative Societies Act, 1983. Each one of the petitioners has availed the loan by deposit of title deeds and by executing a registered mortgage deed on different dates somewhere in the year 1999 to 2005 and the loan amount remains unpaid. 3. According to the petitioners, they borrowed loan from the third Respondent only for the purpose of Agricultural operations and on that basis alone the loan was sanctioned to them and it remains unpaid as on 31.03.2006. 4. The Government of Tamil Nadu introduced a Loan Wavier Scheme in G.O.(Rt) No.70, Cooperation, Food and Consumer Protection Department dated 13.05.2006, granting waiver of loan sanctioned to the Agriculturists who have borrowed loan from 8 categories of Banks of which, Serial No.2 is relatable to third Respondent. 5. As per paragraph No.1 of the said G.O., Agriculturists who have availed the loan for the purpose of agricultural development/improvement and if the loan remains unpaid as on 31.03.2006 are eligible for the benefit of waiver under the said G.O. Nine categories are set out in the said G.O., for the purpose of granting waiver and the petitioners claim under category 9 which reads as follows:- "All loans sanctioned by the Primary Agricultural Cooperative Credit Societies and Rural Development Banks like that of the third Respondent, for the purpose of Agricultural operations, are eligible for waiver ". 6. The petitioners in these writ petitions sought for waiver of the loan by a representation to the third Respondent and since it was not considered by the third respondent, they approached this Court by filing W.P.No.8380 of 2010 for a direction to the third respondent to consider their representation. This Court by order dated 23.04.2010 directed the third Respondent to consider the representation of the petitioners and pass orders on merits and in accordance with law. That came to be rejected by the third Respondent by the impugned proceedings in each one of the cases.
This Court by order dated 23.04.2010 directed the third Respondent to consider the representation of the petitioners and pass orders on merits and in accordance with law. That came to be rejected by the third Respondent by the impugned proceedings in each one of the cases. It is now challenged before this Court, stating that rejection of their claim is contrary to the Government Order in G.O.(Rt) No.70 dated 13.05.2006 besides being arbitrary and discriminatory. 7. Though the writ petitions have been filed in the year 2010, no counter affidavit has been filed so far, by any one of the Respondents. Therefore, this Court is constrained to pass orders on merits, based on the materials available on record and upon hearing the learned counsel appearing on both sides. 8. In the impugned proceedings, it is clearly admitted that as on 31.03.2006, the loan amount borrowed by the petitioners from the third Respondent remains unpaid. In the impugned proceedings it is uniformly stated that the loan sanctioned to the petitioners is "Mortgage Loan on Title Deeds". It is further explained in the impugned order that if the mortgage loan is relatable for the purpose of purchase of vehicle, house building, construction of Marriage Hall, residential house, for running Xerox Centre, Computer Centre etc., it is not eligible for waiver of loan under the Loan Waiver Scheme introduced by the Government of Tamil Nadu in G.O.(Rt) No.70 dated 13.5.2006. According to the third Respondent the loan sanctioned to the petitioners does not fall under any one of the nine categories mentioned in G.O.(Rt.) No.70 dated 13.5.2006. Therefore, the claim was rejected as not applicable. 9. The specific plea of the learned counsel for the petitioners is that the third Respondent itself is a Primary Agricultural Cooperative Credit Society coming under the 8 categories of banks mentioned in the Government Order. The loan sanctioned itself is only for the purpose of agricultural operations, as referred in the mortgage deed. They are eligible for waiver of loan under the Loan Waiver Scheme introduced by the Government of Tamil Nadu in G.O.(Rt) No.70 dated 13.5.2006 as the loan amount remains unpaid. The petitioners justified their claim by referring to a copy of the mortgage deed enclosed in the typed set of papers wherein it has been specifically mentioned that the mortgage is relatable to K:yg;gj;jpu 10.
The petitioners justified their claim by referring to a copy of the mortgage deed enclosed in the typed set of papers wherein it has been specifically mentioned that the mortgage is relatable to K:yg;gj;jpu 10. The terms of the Registered Mortgage deed will have to be read on its face value to infer the purpose for which the land was mortgaged. In the first page of the mortgage deed which finds place in the typed set of papers, it is specifically mentioned that the loan sanctioned to the petitioners is only for the purpose of agricultural development/improvement. The specific endorsement made in the first page of the Mortgage Deed in each of the writ petitions runs as follows:- 1. W.P.No.24664/2010 : Title Deed Mortgage Loan for Agricultural Operations. 2. W.P.No.24665/2010 : For Agricultural Operations 3. W.P.No.24666/2010 : Title Deed Mortgage Loan for Agricultural Operations. 4. W.P.No.24667/2010 : Title Deed Mortgage Loan for Agricultural Operations. 5. W.P.No.24672/2010 : Title Deed Mortgage Loan for Agricultural Operations. 6. W.P.No.24674/2010 : Title Deed Mortgage Loan for Agricultural Operations. 7. W.P.No.24675/2010 : Title Deed Mortgage Loan for Agricultural Operations. 8. W.P.No.24676/2010 : Title Deed Mortgage Loan for Agricultural Operations. 9. W.P.No.24677/2010 : Title Deed Mortgage Loan for Agricultural Operations. 10. W.P.No.24678/2010 : Title Deed Mortgage Loan for Agricultural Operations. 11. W.P.No.24680/2010 : For Agricultural Operations 12. W.P.No.24681/2010 : Title Deed Mortgage Loan for Agricultural Operations. 13. W.P.No.24683/2010 : Title Deed Mortgage Loan for Agricultural Operations. 11. The mortgage deed executed by the petitioners in the respective writ petitions refers to the purpose of the loan as agricultural development/improvement. The learned counsel appearing for the third Respondent fairly submitted that as the mortgage deed executed by the petitioners refers to the purpose of the loan as agricultural development/improvement, the petitioners are entitled for the benefit of Loan Waiver Scheme introduced by the Government of Tamil Nadu in G.O.(Rt) No.70 dated 13.5.2006. 12. In view of the document as above and considering the nature of loan the rejection is not justified. As a result, these writ petitions are allowed. The impugned proceedings of the third Respondent are quashed. The third Respondent is directed to extend the benefit of Loan Waiver Scheme to the petitioners as per G.O.(Rt) No.70, dated 15.3.2006 forthwith. No costs. Consequently, connected miscellaneous petitions are closed.