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Madras High CourtWP/5273/2017closed

H.Narayanasamy, v. The Indian Bank,

2017-06-15Honourable Mr Justice M.Duraiswamy3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 15.06.2017

CORAM

THE HONOURABLE MR.JUSTICE M.DURAISWAMY W.P.No.5273 of 2017 & W.M.P.No.5589 of 2017 H.Narayanasamy ... Petitioner v.

1.The Indian Bank, Rep. by its Branch Manager, Pochampalli Brach, Pochampalli, Krishnagiri District.

2.The Regional Manager, Indian Bank, Dharmapuri District.

3.The Sub-Treasury Officer, Pochampalli, Krishnagiri District.

... Respondents Prayer : Writ petition filed under Article 226 of the Constitution of India, to issue a writ of mandamus, directing the first respondent herein not to recover the loan amount sanctioned towards the Agricultural Medium Term Loan in Account No.962024096 without first taking due course in a manner known to law.

For Petitioner : M/S.Dakshayani Reddy For Respondents : Mr.P.V.Muralidhar -for R1 No Appearance- for R2 Mr.A.N.Thambidurai- for R3 Special Government Pleader.

ORDER

The petitioner has filed the above writ petition, to issue a writ of mandamus, directing the first respondent not to recover the loan amount sanctioned towards Agricultural Medium with Term Loan in Account No.962024096 without first taking due course in a manner known to law.

2.It is the case of the petitioner, that he approached the first respondent-Bank and on number of occasions he requested them to furnish the exact amount to be recovered from the petitioner and as to the amount of subsidy sanctioned by the Central Government. However, the respondent-bank has not given any concrete reply. The petitioner has also stated that his children have also left him and he has no livelihood except the pension amount, which has also been recovered from the petitioner without taking any proper action as sanctioned by the law.

3. When the matter is taken up for hearing, the respondents 1 and 2 filed their counter, wherein it has been stated as follows:

"7. I submit that the bank has provided all the particulars requested by the petitioner (i.e) rate of interest, present outstanding and statement of account. In spite of that on 23.09.2016, he gave letter for asking statement of account and the same has been furnished on the same date and the petitioner has also acknowledged the same. At no point of time the bank has deviated from the sanction ticket in recovering its dues. As stated supra at his owner request the amount was adjusted in the pension account, and again after his instruction the same was stopped. Even the pension amount was not credited as stated supra. Even now the petitioner can approach the bank for settling the account and the bank is always willing to extent its support as per the banking norms".

4.The third respondent filed his counter, wherein he had stated that the petitioner's pension was credited from the month of May 2017 in the Indian Bank Savings Bank Account No.571772562 for the annual mustering for the year 2017. Further, the third respondent has also stated that the pension from 01.08.2016 to 30.04.2017, which is not the mustered period, the claim preferred as per the statement was sanction to the Commissioner of Fisheries and Accounts Department, Chennai on 02.06.2017 and the amount was being sanctioned by the Commissioner of Fisheries and Accounts and will be drawn and credited to the said Savings Bank as usual.

5.Recording the averments stated in paragraph 7 of the counter filed by the respondents 1 and 2, I am of the view that the respondents 1 and 2 have specifically stated that, at no point of time, the bank has deviated from the sanction ticket in recovering its dues. Further, he has stated that the statement of Account was also furnished to the petitioner on 23.09.2017.

That apart, the respondents have also stated that the petitioner can approach the bank for settling the amount and the bank is also willing to extent its support as per banking norms.

6. In view of the averments stated in the counter filed by the respondents 1 and 2 and also the third respondent, I do not find any reason to keep the writ petition pending. In these circumstances, recording the counter filed by the respondents 1 to 3, this writ petition stands closed. No costs.

Consequently, connected Miscellaneous petition is also closed. Sd/- Asst.Registrar /true copy/ Sub Asst. Registrar abr/Rj +1cc to Mr.P.V.Muralidhar,Advocate sr.42572 +1cc to Mr.Dakshayani Reddy,Advocate sr.42676 +1cc to Government Pleader sr.42771 W.P.No.5273 of 2017 & W.M.P.No.5589 of 2017 rsI(co) ss(30/6/2017)