Madras High CourtWP/21186/2016disposed of

R.Ramu v. The Managing Director

2020-09-03Honourable Mrs Justice Pushpa Sathyanarayana3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 03.09.2020

CORAM

THE HONOURABLE MRS.JUSTICE PUSHPA SATHYANARAYANA W.P.No.21186 of 2016 R.Ramu .. Petitioner -vs1. The Managing Director, Tamil Nadu Adi-Dravidar Housing and Development Corporation Ltd., TNHB Shopping Complex, Muggapair Road, Thirumangalam, Chennai - 600 101.

2. The District Collector, Kanchipuram District, Kanchipuram.

3. The District Manager, Tamil Nadu Adi-Dravidar Housing and Development Corporation Ltd., Kanchipuram District, Kanchipuram.

4. The Branch Manager, Indian Overseas Bank, Choonambedu, Cheyyur Taluk, Kanchipuram District.

.. Respondents Prayer: Petition filed under Article 226 of Constitution of India to issue a Writ of Mandamus directing respondent No.4 to grant a loan of Rs.6,02,186/- to the petitioner under the TAHDCO Self Employment Programme for Youth (SEPY) immediately as per the Nodal Order No.A3/SEPY-011/2013/2014 dated 28.06.2013 of respondent No.2.

For Petitioner : Mr.P.Pugalenthi For RR 1 to 3 : Mr.V.Shanmugasundar Special Government Pleader For R4 : Mr.F.B.Benjamin George

O R D E R

This writ petition is heard through Video-Conference on account of COVID-19 pandemic situation.

2. This writ petition has been filed for issuance of writ of Mandamus seeking for a direction to the fourth respondent to grant a loan of Rs.6,02,186/- to the petitioner under the TAHDCO Self Employment Programme for Youth (SEPY) immediately as per the Nodal Order No.A3/SEPY-011/2013/2014 dated 28.06.2013 of the second respondent.

3. The petitioner had applied for a loan under the scheme TAHDCO Self Employment Programme for Youth (SEPY). The Selection Committee also had recommended the petitioner for a loan on 16.03.2013 and called for TAHDCO Claim Form No.III (consent letter) from the fourth respondent. The second respondent was also ready for extending the subsidy, if the fourth respondent was sanctioning the loan to the petitioner. However, the fourth respondent has not sanctioned the loan so far to the petitioner under TAHDCO SEPY Scheme. Hence, this writ petition seeking for a Mandamus has been filed by the petitioner to direct the fourth respondent to grant loan.

4. The fourth respondent-Bank has also filed a counter stating that it is difficult for them to recover the loan from the petitioner or similar persons, who are recommended by the TAHDCO.

5. Heard the learned counsel appearing on either side and perused the materials available on record.

6. According to the fourth respondnet Bank, the petitioner hails from a small village and is proposing to operate Tourist Car for which he requires the loan, however, already the villagers got sufficient number of tourist vehicles and further the scope for tourist vehicles in the said area is not feasible and economically viable and hence, they have rejected the claim.

7. At this stage, the learned counsel for the petitioner submits that the petitioner is willing to offer security for the loan that may be granted by the fourth respondent. In view of the same, the fourth respondent-Bank is directed to consider the case of the petitioner, if he approaches the Bank and offers to furnish security for the loan amount. It is open to the petitioner to approach the fourth respondent-Bank with appropriate security and if otherwise everything is satisfactory, the fourth respondent-Bank may sanction the loan, as requested by the petitioner, in accordance with the usual terms and conditions.

8. With the above direction, this writ petition is disposed of. No costs.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar gg/rsi To

1. The Managing Director, Tamil Nadu Adi-Dravidar Housing and Development Corporation Ltd., TNHB Shopping Complex, Muggapair Road, Thirumangalam, Chennai - 600 101.

2. The District Collector, Kanchipuram District, Kanchipuram.

3. The District Manager, Tamil Nadu Adi-Dravidar Housing and Development Corporation Ltd., Kanchipuram District, Kanchipuram.

4. The Branch Manager, Indian Overseas Bank, Choonambedu, Cheyyur Taluk, Kanchipuram District.

W.P.No.21186 of 2016 SVI(CO) RMP(16/10/2020)