President, Now the Administrator, Gingee Primary Agricultural Cooperative Credit Society, Villupuram v. A. Shanthi
2024-03-20
D.RATHA CHAKRAVARTHY, SANJAY V.GANGAPURWALA
body2024
DigiLaw.ai
JUDGMENT : Sanjay V. Gangapurwala, J. (Prayer: Appeal under Clause 15 of the Letters Patent against the order dated 28.8.2023 passed in W.P.No.23900 of 2023 by the learned Single Judge.) 1. Heard Ms. Reshmi Christy, learned counsel for the appellant; Mr. C. Prakasam, learned counsel for the first respondent; and Mr. C. Kathiravan, learned Special Government Pleader appearing on behalf of respondents 2 and 3. 2. The first respondent herein filed W.P.No.23900 of 2023 assailing the order passed by the second respondent herein negativing the claim of the first respondent herein seeking benefit of the jewel loan waiver scheme under G.O.Ms.No.97, dated 1.11.2021. 3. The first respondent obtained jewel loan from the appellant society on 27.1.2021 by pledging her jewels weighing about 40 grams. The appellant, at the time of advancing the loan amount, issued a receipt mentioning the gross weight of the pledged jewels as 40 grams and the net weight as 34 grams. When the first respondent sought the benefit of jewel loan waiver scheme, the authorities rejected the same on the ground that the jewels pledged by the first respondent were re-measured and they weighed about 40.500 grams and, hence, the first respondent is not entitled to the benefit of the loan waiver scheme. 4. The learned Single Judge allowed the writ petition filed by the first respondent. Aggrieved thereby, the present appeal. 5. Learned counsel for the appellant submits that at the time when the jewels were pledged, the same were measured by the government valuer. When the first respondent sought the benefit of the jewel loan waiver scheme, the said pledged jewels were re-measured on an electronic scale and it weighed 40.500 grams. Hence, the benefit of G.O.Ms.No.97, dated 1.11.2021 cannot be extended to the first respondent. 6. The admitted position is that the first respondent availed the loan on 27.1.2021 by pledging her jewels. At the time when the jewels were pledged, the appellant issued a receipt stating that the gross weight of the pledged jewels is 40 grams and the net weight is 34 grams. It appears that, thereafter, the government issued G.O.Ms.No.97, dated 1.11.2021, extending the benefit of jewel loan waiver scheme to the members of the cooperative society. The benefit was given to those borrowers who had pledged the jewels weighing up to 40 grams. 7. The first respondent sought to avail the benefit of the said government order.
It appears that, thereafter, the government issued G.O.Ms.No.97, dated 1.11.2021, extending the benefit of jewel loan waiver scheme to the members of the cooperative society. The benefit was given to those borrowers who had pledged the jewels weighing up to 40 grams. 7. The first respondent sought to avail the benefit of the said government order. It is the case of the appellant that the pledged jewels were re-measured subsequently and they weighed 40.500 grams. On that ground, the first respondent was held to be disentitled to the benefit extended under the jewel loan waiver scheme. 8. In any event, the appellant would be bound by the receipt issued at the time of pledging of the jewels by the first respondent. The learned Single Judge has rightly considered the said aspect. The learned Single Judge has not committed any error while allowing the writ petition and extending the benefit of G.O.Ms.No.97, dated 1.11.2021, to the first respondent. For the foregoing reasons, the writ appeal is dismissed. There shall be no order as to costs. Consequently, C.M.P.No.6554 of 2024 is closed.