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Madras High CourtWP/11442/2015disposed of

Rahidha Begum v. The Chief Manager

2017-03-22Honourable Mr Justice B. Rajendran2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 22.03.2017

CORAM

THE HON'BLE MR.JUSTICE B.RAJENDRAN W.P.No.11442 of 2015 Rahidha Begum ... Petitioner Vs 1.The Chief Manager, Indian Overseas Bank Regional Office, Nagapattinam.

2.The Branch/Sr.Manager, Indian Overseas Bank, Akkur Branch, Nagapattinam District.

... Respondents Petition under Article 226 of the Constitution of India praying to issue a Writ of Certiorarified Mandamus, to call for the records pertaining to the Order No.Nil dated 25.11.2014 on the file of the second respondent, quash the same and to direct the respondents 1 and 2 herein to re-process and sanction the educational loan as per the loan application dated 10.10.2014. For Petitioner : Mr.G.Punniakoti For Respondents : Mr.Ananda Gomathy

O R D E R

This writ petition is filed seeking for a Writ of Certiorarified Mandamus calling for the records pertaining to the Order No.Nil dated 25.11.2014, on the file of the second respondent, quash the same and to direct the first and second respondents to re-process and sanction the educational loan as per the loan application dated 10.10.2014.

2.The petitioner herein had applied for Educational loan for her son to study MBBS course in China. The respondents herein while processing the application, asked for collateral security for the sanction of the above said loan. The petitioner had placed a house property of one S.Fathima, who is also a guarantor to the above said loan. According to the petitioner, the said property is of worth Rs.70,00,000/- bu the loan amount is only Rs.20,00,000/-. Whileso, the respondents have rejected https://hcservices.ecourts.gov.in/hcservices/

the application stating that the collateral security proposed is more than 20 years of old and hence the first respondent had rejected the application by a letter dated 25.11.2014. Aggrieved against the same, the petitioner is before this Court with this writ petition.

3.Since the student is studying in China, every student after completing the course, getting a job in India is a million dollar question. Therefore, the insistence of security by the bank is correct. Therefore, if the petitioner seeks for a loan, she may furnish appropriate collateral security as per the banking regulations and the banking authorities, upon such application may grant the loan in accordance with law. 4.With the above observation, this writ petition is disposed of. No costs.

Sd/- Asst.Registrar (CS V ) /true copy/ Sub Asst. Registrar To 1.The Chief Manager, Indian Overseas Bank Regional Office, Nagapattinam.

2.The Branch/Sr.Manager, Indian Overseas Bank, Akkur Branch, Nagapattinam District.

+1 cc to M/s.Ananda Gomathy, advocate,sr.17857 +1 cc to Mr.G.Punniyakotti,advocate,sr.17755. nr(co) krd 7/4 W.P.No.11442 of 2015 https://hcservices.ecourts.gov.in/hcservices/