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Madras High CourtWP/12662/2016dismissed

N.Vimala, v. The State Of Tamil Nadu

2021-10-01Honourable Mr Justice S.M. Subramaniam3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 01.10.2021

CORAM

THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM W.P.No.12662 of 2016 and W.M.P.No.11012 of 2016 N.Vimala ... Petitioner Vs 1.The State of Tamil Nadu, Rep. by the Secretary to Government, Adi-Dravidar and Tribal Welfare Department, Fort St.George, Chennai-9.

2.The District Manager, Tamil Nadu Adi-Dravidar Housing & Development Corporation (TAHDCO), 19, 2nd street, Judges Colony, Periakuppam, Tiruvallur.

3.The General Manager, UCO Bank, 328, Thambuchetty Street, Chennai-1.

4.The Manager, UCO Bank, Perambakkam, Thambuchetty street, Chennai-1.

...Respondents

PRAYER : Writ Petition filed Under Article 226 of the Constitution of India, praying to issue a writ of mandamus directing the 3rd respondent to issue necessary instructions to the 4th respondent to sanction the loan amount of Rs.7,50,000/- (Rupees Seven lakh fifty thousand only) for stationary and fancy goods business at the earliest as per the loan recommendation letter of the 2nd respondent in No.Ma.Ka.No.a1/2013-14/SEPY-309 dated 14.03.2014.

For Petitioner : Mr.S.Arunkumar For Respondents : Mr.C.Kathiravan 1 and 2 Government Advocate For Respondents : Mrs.T.Hemalatha 3 and 4

O R D E R

The relief sought for in the present writ petition is to direct the 3rd respondent to issue necessary instructions to the 4th respondent to sanction the loan amount of Rs.7,50,000/- (Rupees Seven Lakh Fifty thousand only) for the petitioner's stationary and fancy goods business at the earliest as per the loan recommendation letter of the 2nd respondent in No.Ma.Ka.No.a1/2013-14/SEPY-309 dated 14.03.2014.

2. Sanction of loan by the Bank can never be claimed as a matter of right. The learned counsel appearing on behalf of the Bank states that such a loan is not viable. However, the petitioner states that the loan is recommended. 3.This Court is of the considered opinion that submission of application or mere recommendation would not confer any right to file a writ petition for seeking the prayer to disburse the loan. Loan is to be granted by the Bank strictly in accordance with the rules and regulations. The High Court cannot direct the Bank to issue loan to the petitioner and it is to be granted only by following the procedures.

4.This being the principle, the petitioner has not established even a semblance of right, so as to consider the relief. Accordingly, the writ petition stands dismissed. No costs. Consequently, the connected Miscellaneous Petition is closed.

Sd/- Asst. Registrar //True Copy// Sub Asst. Registrar ars/mka

To 1.The Secretary to Government, Adi-Dravidar and Tribal Welfare Department, Fort St.George, Chennai-9.

2.The District Manager, Tamil Nadu Adi-Dravidar Housing & Development Corporation (TAHDCO), 19, 2nd street, Judges Colony, Periakuppam, Tiruvallur.

3.The General Manager, UCO Bank, 328, Thambuchetty Street, Chennai-1.

4.The Manager, UCO Bank, Perambakkam, Thambuchetty street, Chennai-1.

+1 C.C.to MR.S.ARUNKUMAR, ADVOCATE, SR.NO.51365/2021 +1 C.C.to MR.K.S.VISWANATHAN, ADVOCATE, SR.NO.51683/2021 +1 C.C.to GOVERNMENT PLEADER, SR.NO.52021/2021 W.P.No.12662 of 2016 PM(CO) RA 20/10/2021