The Special Officer and The Secretary, Pallathur Primary Agricultural Co-op. Credit Society vs P. Ponnuchamy, The Joint Registrar of Co-operative Societies and The Deputy Registrar of Cooperative Societies

R. Banumathi, J.—This writ appeal arises out of the order, dated 29.04.2010, passed in W.P.(MD) No. 6193 of 2010, whereby the learned Single Judge has directed the 1st Appellant to pay the matured amount due to the 1st Respondent in the fixed deposit made by him in P.D. No. 309, within one month the from the date of receipt of copy of the order. The learned Single Judge has also observed that if the amount was not paid with interest within such period, the 1st Appellant was liable to pay the amount due to the 1st Respondent with interest at the rate of 15% per annum from the date of maturity till payment.

Briefly stated case of the 1st Respondent is that he deposited a sum of Rs. 2,000/-in fixed deposit with the Appellants Society for a period of 24 months on 13.10.2001 in P.D. No. 309. The date of maturity was on 13.11.2003. The grievance of the 1st Respondent was that inspite of his representation, dated 06.09.2007, the amount has not been paid and thereafter he filed the writ petition seeking for issuance of a writ of mandamus directing the 1st Appellant to pay the the matured amount in F.D. No. 309 with interest. In the said writ petition, the learned Single Judge has directed the 1st Appellant to pay the amount due to the 1st Respondent with interest.

Even though the learned Counsel for the Appellants Society has raised objection as to the maintainability of the writ petition, when the writ appeal came up for admission on 18.10.2010, he fairly submitted that the Appellants Society would be making payment of the matured amount. On such statement being made by the learned Counsel for the Appellants and also after hearing the learned Counsel for the 1st Respondent, the matter was directed to be listed today i.e. 19.10.2010 to enable the counsel for the Appellants to produce demand draft for the amount payable to the 1st Respondent.

Accordingly, the matter is listed today. The learned Counsel for the Appellants has produced a demand draft, dated 18.10.2010, for a sum of Rs. 3,603/-, drawn in favour of the 1st Respondent. Learned Counsel for the 1st Respondent, without any objection, has also received the said demand draft drawn in favour of the 1st Respondent.