M.Sakthi Priyan v. The Branch Manager

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 29.03.2016

CORAM

THE HONOURABLE MR. JUSTICE R.SUBBIAH Writ Petition No.32271 of 2015 M.Sakthi Priyan ... Petitioner vs.

The Branch Manager, Indian Overseas Bank, Dharmapuri Branch, Dharmapuri District.

... Respondent Writ petition has been filed under Article 226 of the Constitution of India, praying for a Writ of mandamus directing the respondent to sanction the education loan based on the representation dated 15.09.2015 given by the petitioner. For Petitioner :

Mr.M.Ravi For Respondent :

Mr.F.B.Benjamin George

ORDER

The petitioner has come up with the present writ petition for a mandamus, directing the respondent to sanction the education loan, based on the representation dated 15.09.2015 given by the petitioner.

2. It is the case of the petitioner that he is studying first year Diploma in Electronics and Communication Engineering during the Academic Year 2015-2016 in Muthayammal Polytechnic Institution at Rasipuram. He needs education loan for his studies, for which, he went to the respondent bank with relevant documents. However, the respondent has not considered the petitioner's request. Hence, the petitioner made a representation dated 15.09.2015, requesting them to grant education loan. Even after receipt of the same, his request was not considered by the respondent. Therefore, the petitioner has filed the present petition for the above stated relief.

3. Heard Mr.M.Ravi, learned counsel for the petitioner and Mr.F.B.Benjamin George, learned standing counsel for the respondent.

https://hcservices.ecourts.gov.in/hcservices/

4. Though notice was ordered to the respondent on 09.10.2015, till date, no counter affidavit has been filed by the respondent. Therefore, considering the facts and circumstances of the case, this Court directs the respondent to consider the representation of the petitioner dated 15.09.2015, by affording an opportunity of personal hearing to the petitioner and pass appropriate orders, with regard to grant of education loan to the petitioner. It is made clear that this Court is not expressing any opinion with regard to the merits of the claim made by the petitioner and it is for the respondent to pass appropriate orders purely on merits and in accordance with law. The entire exercise shall be completed within a period of four weeks from the date of receipt of a copy of this order.

5. The writ petition is disposed of accordingly. No costs.

rk -s/d- Assistant Registrar(CS-IV) True Copy Sub-Assistant Registrar To The Branch Manager, Indian Overseas Bank, Dharmapuri Branch, Dharmapuri District.

+ 1 cc to M/s.M.Ravi, Advocate SR 19792 mp(co) prk22/4 W.P.No.32271 of 2015 https://hcservices.ecourts.gov.in/hcservices/