LAWS(MAD)-2012-3-138

TAMIL NADU BEE-KEEPERS WELFARE ASSOCIATION Vs. GOVERNMENT OF INDIA REP.BY ITS SECRETARY TO GOVT MINISTRY OF FINANCE NEW DELHI

Decided On March 16, 2012
TAMIL NADU BEE-KEEPERS WELFARE ASSOCIATION (REGD.UNDER SOCIETIES ACT NO.22) VETTUVENNI, MARTHANDAM 629 165 KANYAKUMARI DISTRICT, TAMIL NADU Appellant
V/S
GOVERNMENT OF INDIA REP.BY ITS SECRETARY TO GOVT. MINISTRY OF FINANCE, NEW DELHI Respondents

JUDGEMENT

(1.) THE petitioner in W.P.5377 of 2007 is a Tamil Nadu Bee-Keepers Welfare Association claiming to have a registration No.22, atvVettuvenni, Marthandam in Kanyakumari District. In this Writ Petition, they have sought for a direction to the 2nd and 3rd respondents to dispose of their representation dated 5.12.2005 and for a consequential direction to the 4th respondent Bank to forbear from resorting to any coercive action for recovery of money from the members of the petitioner association as per list enclosed to the typed set of papers. In the list enclosed at page 12 of the typed set, they have given the names of 21 members along with the name of the Village.

(2.) THE grievance of the petitioner as projected in the affidavit was that the association has availed loan of Rs.30 Lakhs in the year 2003 from the 4th respondent Bank for the purpose of improving infrastructure for setting up apiary units and marketing the produce and for purchase of vehicle for the use. After sanction of the loan, the petitioner availed Rs.28.35 Lakhs as loan and Rs.1.65 Lakhs remain to be unutilized. It is claimed that 20% of the loan had to be treated as subsidy. Out of the loan availed from the bank, they have in turn advanced to 21 members of the association, whose names are furnished. THE loan amount was to be cleared within a period of 7 years, namely on or before 2010. According to the petitioner association, they have discharged only Rs.2.75 Lakhs out of the said loan amount. THE members were not able to clear the loan installments due to drought situation in the first year and due to floods in the second year.

(3.) WHEN this matter was listed before this Court on 6.3.2012, Mr.P.N.Radhakrishnan, Standing Counsel for the State Bank of Travancore mentioned that the members of the Association also moved the Madurai Bench with different prayers and hence the Bank is unable to take any decision and for a convenient disposal, the matters pending before the Madurai Bench also should be directed to be heard along with the Writ Petition filed by the Association. Accordingly, this Court directed the Registry to get appropriate orders from the Hon'ble Chief Justice for posting the Madurai matters to be heard along with the 1st Writ Petition. The Hon'ble Chief Justice vide order dated 9.3.2012 directed the Madurai matters to be transferred to this Court so as to be heard along with this Writ Petition. Accordingly, all these matters were listed today along with the 1st Writ Petition.