K.Palanisamy v. The Branch Manager
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 25.04.2024 CORAM :
THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN K.Palanisamy
...Petitioner
-VsThe Branch Manager, Canara Bank, Thekkalur Branch, Thekkalur, Coimbatore District Pin Code : 641 654
...Respondent
Prayer : Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus directing the respondent to consider the petitioner's representation dated 19.08.2021 for refund of petitioner's tractor loan amount to a sum of Rs.4,50,000/- (Rupees Four Lakhs Fifty Thousand only) with accrued rate of 24% interest per annum from 26.06.2008 to till date of realisation.
For petitioner : Mr.K.Myilsamy For respondent : Mrs.S.R.Sumathy 1/4
ORDER
This writ petition has been filed for direction to direct the respondent to consider the representation submitted by the petitioner dated 19.08.2021 seeking refund of his loan amount which was paid by the petitioner with interest.
2. The petitioner availed jewel loan and tractor loan for a sum of Rs.4,50,000/- from the respondent bank on 30.08.2005. However, the petitioner did not repay the said amount. While being so, the government announced an agricultural debt waiver and debt relief scheme 2008. Even then, the respondent had taken steps to recover the said loan by seizing the tractor. Therefore, the petitioner without prejudice to his right under the said scheme repaid the entire loan amount. Now, the petitioner sought for refund the loan amount which was repaid by the petitioner with interest. The said scheme is available only those who were failed to make a repayment to the loan. However, the petitioner had repaid the entire loan amount and now seeking refund which was repaid by him. 2/4
3. Therefore, the request made by the petitioner cannot be considered. Hence, this writ petition is devoid of merits and liable to be dismissed. Accordingly, this writ petition is dismissed. No costs. 25.04.2024 Index : Yes/No Speaking/Non-Speaking order gvn To The Branch Manager, Canara Bank, Thekkalur Branch, Thekkalur, Coimbatore District Pin Code : 641 654 3/4
G.K.ILANTHIRAIYAN,J.
gvn 25.04.2024 4/4