M.Sudhakar v. The District Manager
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 07.07.2023 CORAM : JUSTICE N.SESHASAYEE M.Sudhakar .. Petitioner Vs 1.The District Manager Tamil Nadu Adi Dravidar Housing and Development Corporation (TAHDCO) TAHDCO Training Centre Building No.183, Muthuvinayagar Koil Street Backside of Main Bus Stand Thiruvannamalai - 606 601.
2.The Zonal Officer FI&RBD Section Indian Bank STR BSNL Building Vellore Road Thiruvannamalai - 606 601.
3.The Branch Manager Indian Bank Melarani Branch Thiruvannamalai.
.. Respondents 1/5
Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus directing the second and third respondents to consider afresh the loan application submitted by the petitioner under SEPY Scheme in Acknowledgement No.TAHDCO-202122-SEFY-TM-87 dated 05.09.2021 along with reply dated 27.06.2022 submitted by the petitioner and consequently sanction loan in favour of the petitioner.
For Petitioner : Mr.R.Bhagawat Krishna For Respondents : Mr.M.Bindran Additional Government Pleader [R1] Mr.S.Saravana Prakash [R2 & R3]
ORDER
The petitioner had applied a loan with the third respondent-Bank through online on 05.09.2021, for availing the benefit under the 'Self-Employment Programme for Youth (SEPY)' launched by the Central Government for the welfare of the Schedule Caste youth in the age group of 18 to 45 years. The loan application of the petitioner was rejected by the third respondent vide its communication dated 02.03.2022. The petitioner has now filed this petition for a direction to the third respondent to reconsider his application. 2/5
2. Heard the learned counsel for the petitioner and the learned counsel appearing for the respective respondents.
3. A perusal of the communication of the bank dated 02.03.2022, informs that the loan was rejected to the petitioner on the following grounds : ●The applicant is not having any godown or shop for storing the centring sheet material.
●On enquiry with applicant, he is not aware about cost of business material (centring sheets & steel pipes). ●The applicant does not have experience in the line of activity.
●While analysing the project report, it is found that the receipts are at higher end so the project is not viable.
4. It is not very evident whether the said scheme is till in force. Subject to the same, the petitioner is at liberty to approach the bank for a loan facility after satisfying all the norms required to avail the loan. It is underscored that loan to be advanced by the bank essentially is a contractual transaction between the lender and the borrower.
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5. The writ petition is disposed of accordingly. No costs. 07.07.2023 Index : Yes / No Speaking order / Non-speaking order ds To:
1.The District Manager Tamil Nadu Adi Dravidar Housing and Development Corporation (TAHDCO) TAHDCO Training Centre Building No.183, Muthuvinayagar Koil Street Backside of Main Bus Stand Thiruvannamalai - 606 601.
2.The Zonal Officer FI&RBD Section Indian Bank STR BSNL Building Vellore Road Thiruvannamalai - 606 601.
3.The Branch Manager Indian Bank Melarani Branch Thiruvannamalai.
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N.SESHASAYEE.J., ds 07.07.2023 5/5