High Court · 2025

W.P.No.35187 of 2025 IN THE HIGH COURT OF JUDICATURE AT MADRASDATED : 16.09.2025CORAM:THE HONOURABLE Mr.JUSTICE V.LAKSHMINARAYANANW.P.No.35187 of 2025M.Tamilselvi... Petitioner Vs1.The State of Tamil Nadu Represented by its Secretary Department of Co-operation, Food and Consumer Protection Secretariat, Chennai.2.The Deputy Registrar of Co-operative Societies Coimbatore Region Coimbatore.3.The Branch Manager Coimbatore City Co-operative Bank Limited No.31-35, Sigma Towers Dr.Narayanasamy Layout Pappanaickenpalayam Coimbatore – 37.... RespondentsPrayer : Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorarified Mandamus, to call for the records from the third respondent dated 09.05.2025 for the jewel loan No.129085 and to quash the same and to direct the respondents 1 to 3 to hand over the gold 1/9 https://www.mhc.tn.gov.in/judis W.P.No.35187 of 2025jewels of the petitioner under Jewel Loan No.129085 on the basis of Government Order Ms.97 passed by the Co-operation, Food and Consumer Protection Department dated 01.11.2021 within the time as stipulated by this Court.For Petitioner : Mr.M.SaravanakumarFor Respondents : Mr.V.Umakanth Government AdvocateORDERThe present writ petition is filed seeking to quash the proceedings dated 09.05.2025, issued by the third respondent with respect to the jewel loan availed by the petitioner from the third respondent-Bank vide Loan Account No.129085, and to direct the respondents 1 to 3 to hand over the gold jewels to the petitioner on the basis of the G.O.Ms.No.97 dated 01.11.2021 passed by first respondent. 2. The petitioner is the owner of the jewels namely, one "Muk;”, and one ring embedded with stones. She pledged the jewels with the third respondent-Co-operative Bank and had obtained a jewel loan. The loan was taken on 24.12.2020 for a sum of Rs.1,00,000/-.3. During the course of election, a political party had promised that the 2/9 https://www.mhc.tn.gov.in/judis W.P.No.35187 of 2025jewel loans to the extent of 5 sovereigns of gold would be waived and the costs will be borne by the Government. The said political party came to power. Soon thereafter, the Government notified G.O.(Ms) No.97, Co-operation, Food and Consumer Protection Department on 01.11.2021. Clause Nos.3 & 4 of the notification reads as follows : “3/ vdnt. khz;g[kpF jkpH;ehL Kjyikr;rh; mth;fspd; mwptpg;gpid epiwntw;Wk; bghUl;L Tl;Lwt[r; r';f';fspd; gjpthshpd; fUj;JUtpd; mog;gilapy;. Tl;Lwt[ epWtd';fspy; FLk;g ml;ilapd;go xU FLk;gj;jpy; 31/03/2021Mk; ehs; tiu 5 gt[Df;F cl;gl;L (bkhj;j vil 40 fpuhKf;F cl;gl;L) bghJ eiff; fld; bgw;W mjpy; rpy fld;jhuh;fs; ehsJ njjptiu j';fsJ epYitj; bjhifapid gFjpahf brYj;jpaJ eP';fyhft[k; jFjp bgwhj neh;t[fis ePf;fpa gpd;dUk; ,e;j murhiz gpwg;gpf;fg;gLk; ehs; tiu epYitapy; cs;s U:/6/000 nfho (njhuhakhf) eiff; fld;fis ,e;j Mizapd; ,izg;g[ 1 kw;Wk; II y; bjhptpf;fg;gl;Ls;s tHpfhl;L bewpKiwfSf;Fl;gl;L js;Sgo bra;J muR MizapLfpwJ/ ,e;j tHpfhl;L bewpKiwfis gpd;gw;Wk;go midj;J Tl;Lwt[r; r';f';fSf;Fk; mwpt[iu tH';Fk;go Tl;Lwt[r; r';f';fspd; gjpthsh; nfl;Lf;bfhs;sg;gLfpwhh;/ nkw;Fwpg;gpl;l eiff;fld; js;Sgo bjhlh;ghd gl;oaypy; fz;Ls;s eiff;fld;fis. may; khtl;l Tl;Lwt[ jzpf;if mYtyh;fs; K:yk; Ma;t[ bra;ag;glntz;Lk;/ nkYk;. mg;gl;lkhd eiff; fld; nkhroapy; <Lgl;l midj;J egh;fs; kPJk; Fw;wtpay; eltof;if nkw;bfhs;sg;gLk;/ ,e;j eiff;fld; js;Sgo tH';fg;gLtjd; K:ykhf jkpH;ehl;oy; Rkhh; 16 ,yl;rk; eiff; fld;jhuh;fs; gad; bgWthh;fs;/4/ Tl;Lwt[ r';f';fspd; K:yk; tH';fg;gLk; eiff;fld;fs; midj;Jk; r';fj;jpd; brhe;j epjpapypUe;J. mjhtJ bghJ kf;fsplkpUe;J bgwg;gl;l itg;g[ bjhifapypUe;J tH';fg;gl;Ls;sjhy; nkw;Fwpg;gpl;l js;Sgoapy; cs;s mry; bjhif kw;Wk; 01/04/2021Mk; ehs; Kjy; ,t;turhiz gpwg;gpf;fg;gLk; ehs; tiu mjw;Fhpa tl;oapid muR Vw;Wf; bfhz;L Tl;Lwt[ epWtd';fSf;F js;sgoj; bjhifapid muR tH';Fk;/3/9 https://www.mhc.tn.gov.in/judis W.P.No.35187 of 20255/ ,t;turhizapd; ,izg;gpy; cs;s tHpfhl;L bewpKiwfspy; njitf;nfw;g TLjyhf bewpKiwfis Vw;gLj;jpf;bfhs;s Tl;Lwt[r; r';f';fspd; gjpthsUf;F mjpfhukspf;fg;gLfpwJ/6/ nkw;fz;lthW js;Sgo bra;ag;gl;l bghJ eiff; fld; bjhifapid mstPL (Qualification) kw;Wk; brytPL (Reimbursement) bra;J chpa Fwpg;ghiz Mizfs; btspapl Vjthf. chpa fUj;JUtpid muRf;F mDg;gp itf;FkhW Tl;Lwt[r; r';f';fspd; gjpthsh; nfl;Lf;bfhs;sg;gLfpwhh;/ ”4. The petitioner placing reliance upon this Government Order, sent a representation on 25.02.2022 seeking waiver of her loan. Instead, the third respondent issued a notice stating that they are proposing to bring the jewels for auction. Aggrieved by the notice, the petitioner challenged the same by way of writ petition in W.P.No.7495 of 2022. The said writ petition was allowed on the basis of the submissions made by the learned Additional Advocate General on behalf of the Government. The Additional Advocate General had stated that the grievance of the petitioner will be addressed by the District Level Redressal Committee, which had been constituted for the purpose of considering the loan waivers. A direction was issued to the District Level Redressal Committee to consider the representation of the writ petitioner on merits.4/9 https://www.mhc.tn.gov.in/judis W.P.No.35187 of 20255. The petitioner alleges that the District Level Redressal Committee did not hear her, and the second respondent herein had passed an order stating that the petitioner is not entitled for waiver, and was instructed to retrieve the gold jewels by paying the outstanding loan amount. Aggrieved by the same, she approached this Court again by way of writ petition in W.P.No.33222 of 2024. That writ petition came to be ordered on 21.02.2025, directing the petitioner to submit a representation to the District Level Redressal Committee, Coimbatore, within a period of two weeks from the date of receipt of a copy of that order, and a further direction to the said Committee to consider the representation in accordance with law. Thereafter, the impugned order came to be passed on 09.05.2025. The third respondent has held that as per the said Government Order, the pawner should have pawned the jewels less than 5 sovereigns or 40 gms of total weight, however, the petitioner's jewels, namely, one "Muk; ”and one ring weighs 44.100 gms., she is not eligible for waiver. Challenging the impugned proceedings of the third respondent, the petitioner is before this Court. 6. Heard Mr.M.Saravakumar, learned counsel appearing for the petitioner and Mr.V.Umakanth, learned Government Advocate appearing for 5/9 https://www.mhc.tn.gov.in/judis W.P.No.35187 of 2025the respondents 7. I should point out that the loan waiver is not a right. It is a concession offered by the Government. When a person takes a loan, it is expected that he repays it. In case the Government comes up with a Scheme, and if such a debtor falls within the four corners of the Scheme, he is certainly entitled to move this Court. Even if there is a fringe or sliver of doubt, the benefit should not go to the petitioner but to the creditor, who had given the money. The relevant portion of the Government Order extracted above shows that in case the jewel pawned exceeds 5 sovereigns or 40 grams of gold, the concerned person will not be eligible for the Scheme. 8. The learned counsel for the petitioner urges that if the stones were excluded from the weight of the jewel, it falls below 40 grams and therefore, she is entitled to the same. This hair-splitting technicality is not found in the Government Order. It is not for the Court to re-write a Scheme. What has been given as concession, cannot be demanded as right. The receipt produced by the petitioner shows that she had availed a loan to an estimated value of Rs.1,25,400/-, and the same has been produced at Page No.15 of the 6/9 https://www.mhc.tn.gov.in/judis W.P.No.35187 of 2025typed set of papers. This receipt shows that the gross weight of the jewels pawned is 44.1 grams, which is obviously above 5 sovereigns. When it is a concessional Government Order and the petitioner is not covered by the said G.O., I cannot expect the Government to remove the stones in the jewellery, weigh the jewels, and thereafter give the benefit of the order to the petitioner. As the said Government Order does not envisage such a procedure, I am not in a position to come to the rescue of the petitioner. 9. The writ petition is dismissed without costs. 16.09.2025Index:Yes/NoSpeaking order / Non-speaking orderds7/9 https://www.mhc.tn.gov.in/judis W.P.No.35187 of 2025To:1.The State of Tamil Nadu Represented by its Secretary Department of Co-operation, Food and Consumer Protection Secretariat, Chennai.2.The Deputy Registrar of Co-operative Societies Coimbatore Region Coimbatore.3.The Branch Manager Coimbatore City Co-operative Bank Limited No.31-35, Sigma Towers Dr.Narayanasamy Layout Pappanaickenpalayam Coimbatore – 37.8/9 https://www.mhc.tn.gov.in/judis W.P.No.35187 of 2025V.LAKSHMINARAYANAN,J.dsW.P.No.35187 of 202516.09.20259/9