S.GANESH Vs. DEPUTY REGISTRAR

JUDGEMENT

(1.) This writ petition has been filed, seeking to quash the auction notice dated 07.01.2017 issued by the respondents 2 and 3, in and by which, the petitioner's jewels were put into auction pursuant to non-repayment of jewel loans. The petitioner also sought a direction to the respondents 2 and 3 to waive the petitioner's jewel loans in No.2174 dated 15.06.2015, 2175 dated 15.06.2015, 2234 dated 09.07.2015 and 2382 dated 03.09.2015.

(2.) The case of the petitioner is that he is an agriculturist and also a member of 2nd and 3rd respondent Society, having membership No.2059; that since the petitioner required money for developing his agricultural land, he approached the respondents 2 and 3 and pledged his jewels for loan and the respondents also sanctioned jewel loans for Rs.2,71,000/- under four different Loan Nos.2174, 2175, 2234 and 2382. According to the petitioner, the Government issued G.O.Ms.No.59 dated 28.06.2016 for waiving off agricultural loans and in terms of the same, the entire agricultural loans have been waived except for the loan of the petitioner; that the respondent Society issued an auction notice thereby, bringing the jewels of the petitioner to auction, which is contrary to the said Government Order and guidelines.

(3.) Per contra, the respondents would submit that the petitioner has not availed any agricultural loan and the Government has issued the order for waiver of the entire agricultural loan outstanding including Principal, Interest, Penal Interest and all other charges in respect of Small and Marginal Farmers as on 31.03.2016 for the following categories of agricultural loans in the Cooperative Societies: