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Madras High CourtWP/17865/2021disposed of

R.Nethaji v. The Zonal Manager

2021-08-26Honourable Mr Justice R. Mahadevan4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 26.08.2021

CORAM

THE HONOURABLE MR.JUSTICE R.MAHADEVAN W.P.NO.17865 OF 2021 R. Nethaji .. Petitioner

Versus

1. The Zonal Manager, Canara Bank

2. The Chief General Manager 112, JC Road, Canara Bank Banglore - 560 002.

3. Managing Director and CEO, 112, JC Road, Canara Bank Banglore - 560 024.

4. The Manager, Canara Bank .. Respondents Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus directing the respondents Bank, Canara Bank, Ariyalur Branch, to take action on the petitioner's representation dated 20.12.2020 to sanction educational loan amount of Rs. 3,97,000/- on the basis of petitioners loan application dated 20.01.2020 to the petitioner herein within a period of two weeks or within a

period as this Court may specify to pay the fees to K.V. Institute of Management and Information Studies, Coimbatore. For Petitioner :

Mr.T.Subramanian

O R D E R

The present writ petition has been filed praying for issuance of a Writ of Mandamus directing the respondents Bank, Canara Bank, Ariyalur Branch, to take action on the petitioner's representation dated 20.12.2020 to sanction educational loan to the tune of Rs. 3,97,000/- on the basis of his loan application dated 20.01.2020 within a period of two weeks or within a period as this Court may specify to pay the fees to K.V. Institute of Management and Information Studies, Coimbatore. 2.

The petitioner would state that he got admitted in K.V. Institute of Management and Information Studies, Coimbatore for pursuing M.B.A. Course. For the purpose of paying the fee to the college, he applied for an educational loan with the respondent bank for Rs. 3,97,000/-. According to the petitioner, in anticipation of the loan to be disbursed by the bank, he joined the college and the college authorities demanded fee for the first year, which he paid with great difficulty. When the petitioner visited and enquired the respondent bank with respect to the status of the educational loan, he was informed that he is residing 20 Km away from the bank and the respondent bank is not in a position to disburse loan.

It is also stated that only to those residents who are residing in and around 16 Km from the bank, educational loan will be sanctioned. Notwithstanding the same, the petitioner claims to have submitted a representation on 20-12-2020 to the respondents praying to sanction educational loan. It is stated that the petitioner is presently pursuing the second year course and unless the respondent bank disburses the educational loan, he will be not be in a position to continue his eduction further. Therefore, the petitioner has come forward with this Writ Petition.

3.

Heard the learned counsel for the petitioner and perused the materials placed on record. Having regard to the nature of disposal of this Writ Petition, this Court is not inclined to issue a notice to the respondent.

4.

The petitioner submitted the representation on 20-012020 to the respondent for sanction of educational loan to the tune of Rs. 3,97,000/-. In anticipation of sanction of loan, the petitioner claims to have paid the fee for the first year. Now he is pursuing the second year M.B.A. course. It is claimed by the petitioner that the respondent orally refused to sanction educational loan to him on the ground that his residence is situated 20 Km away from the bank. Be that as it may, the application dated 20-11-2020 submitted by the petitioner is still pending consideration of the respondents. It is for the respondents to sanction the educational loan for the petitioner if it is in order. In such view of the matter, this Court directs the first respondent herein to consider the application dated 20-12-2020 of the petitioner, afford an opportunity of hearing to the petitioner and thereafter pass an order of merits in accordance with law within a period of four weeks on receipt of copy of this order.

5. Subject to the above directions, this Writ Petition stands disposed of. No costs.

Sd/- Assistant Registrar(CS-VIII) // True Copy // Sub Assistant Registrar dhk To

1. The Zonal Manager, Canara Bank

2. The Chief General Manager 112, JC Road, Canara Bank, Banglore - 560 002.

3. Managing Director and CEO, 112, JC Road, Canara Bank, Banglore - 560 024.

4. The Manager, Canara Bank +1cc to Mr.T.Subramanian, Advocate, S.R.No.43306 WP No. 17865 of 2021 PCH(CO) RLP(20/09/2021)