Madras High CourtWP/28821/2014disposed of

R.Kanja v. The District Collector

2015-02-09Honourable Mr Justice T. S. Sivagnanam3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 09.02.2015

CORAM

THE HONOURABLE MR.JUSTICE T.S.SIVAGNANAM WP.No.28821/2014 R.Kanja .. Petitioner

Versus

1.The District Collector, Krishnagiri District, Krishnagiri.

2.The General Manager Indian Overseas Bank, Central Office, No.763, Anna Salai Chennai.

3.The Branch Manager Indian Overseas Bank Hanumantheertham Branch Uthangarai Taluk, Krishnagiri District.

4.The District Manager Tamil Nadu Adi-Dravidar Housing & Development Corporation [TAHDCO] Krishnagiri District, Krishnagiri.

.. Respondents Writ petition filed under Article 226 of the Constitution of India praying for a writ of mandamus directing the 3rd respondent to provide loan amount of Rs.3,35,000/- for the petitioner on the basis of the selection by the District Level Selection Committee for providing loan to the petitioner under Entrepreneur Development Programme of TAHDCO for 2013-2014 and recommendation of the 4th respondent by his proceedings in Na.Ka.No.59/EDP/2013 dated 22.10.2013 within the time frame to be fixed by this Court. For Petitioner :

Ms.S.Sengodi For R1 :

Mr.V.Jayaprakash Narayanan Special Government Pleader For R4 :

Mr.S.Selva Thirumurugan for Mr.N.Syed Jamal For RR2&3 :

No appearance

ORDER

Heard Ms.S.Sengodi, learned counsel appearing for the petitioner ; Mr. V.Jayaprakash Narayanan, learned Special Government Pleader appearing for the 1st respondent and Mr.S.Selva Thirumurugan, learned counsel appearing for the 4th respodent and perused the materials available on record.

2.The petitioner has filed the above writ petitions seeking for issuance of a writ of mandamus to direct the the 3rd respondent to provide loan amount of Rs.3,35,000/- for the petitioner on the basis of the selection by the District Level Selection Committee for providing loan to the petitioner under Entrepreneur Development Programme of TAHDCO for 2013-2014 and recommendation of the 4th respondent by his proceedings in Na.Ka.No.59/EDP/2013 dated 22.10.2013.

3.The petitioner is an applicant for loan under the scheme developed by the Tamil Nadu Adi Dravidar Housing Board Corporation Limited [TAHDCO]. As per the scheme announced by the Government, the list of beneficiaries will be scrutinised and finalised by the 4th respondent after the process of selection, pursuant to which the 4th respondent will make a recommendation to the Bank having jurisdiction over the area to sanction the loan amount for a particular purpose. The amount which the petitioner/applicant is entitled to will also be mentioned. In the instant case, there is no dispute that the petitioner was selected as a beneficiary under the scheme announced by TAHDCO and his application was forwarded to the Indian Overseas Bank, Hanumantheertham Branch, Uthangarai Taluk, Krishnagiri District.

However, the said Bank has refused to consider the petitioner's loan application on the ground that already there are several loans which are pending collection. In such circumstances, the petitioner has not been able to get the financial assistance despite the 4th respondent having made a positive recommendation. 4.In the light of the above, the petitioner is directed to approach the 4th respondent and select some other Bank within the service area and on such Bank being selected, the 5th respondent shall issue fresh proceedings to the said Bank which shall be considered in accordance with law by the said Bank within a period of four weeks from the date on which the 4th respondent recommends and forwards the application of the petitioner along with a copy of this order.

5.The writ petition is disposed of with the above direction. No costs.

Sd/- Asst. Registrar.

/true copy/ Sub Asst. Registrar.

AP To 1.The District Collector, Krishnagiri District, Krishnagiri.

2.The General Manager Indian Overseas Bank, Central Office, No.763, Anna Salai Chennai.

3.The Branch Manager Indian Overseas Bank Hanumantheertham Branch Uthangarai Taluk, Krishnagiri District.

4.The District Manager Tamil Nadu Adi-Dravidar Housing & Development Corporation [TAHDCO] Krishnagiri District, Krishnagiri.

C.C. to Mr.N.Syed Jamal, Advocate, SR.No.7372. C.C. to Mr.S.Rajanikanth, Advocate, SR.No.7090. C.C. to Government Advocate, High Court, Chennai.Sr.No.6943. WP.No.28821/2014 ALA(CO) KP(24.02.2015)