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Madras High CourtWP/23377/2021disposed of

T.Senthilkumar v. The Branch Manager

2021-10-29Honourable Mr Justice R. Mahadevan3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 29.10.2021

CORAM

THE HONOURABLE MR. JUSTICE R. MAHADEVAN W.P.No.23377 of 2021 Mr.T.Senthilkumar

...Petitioner

Versus

1.The Branch Manager, City Branch-27, 22, Andiappa Gramani Street, Royapuram, Chennai 600 013.

2.The Manager, CRM, Divisional Office II, C-47, Second Avenue, Anna Nagar Plaza, Anna Nagar, Chennai 600 040

...Respondents

Petition under Article 226 of the Constitution of India praying for a Writ of Mandamus directing the first respondent to consider the petitioner's representation dated 29.09.2021 and to close the loan account and issue No due Certificate to the petitioner herein.

For Petitioner :

Mr.S.Vijayakumar

ORDER

The petitioner has filed this writ petition praying to issue a Writ of Mandamus directing the first respondent to consider his representation dated 29.09.2021, to close the loan account and issue No due Certificate to him.

2. According to the petitioner, he and his wife have subscribed to policies of the respondents Corporation and based on the said policy, they have also availed loan of Rs.3,02,000/- and Rs.99,000/- respectively. Subsequently, the loans availed by them from the first respondent have been cleared by issuing

Cheques bearing Nos.000036 and 609023, dated 21.08.2017 and 27.11.2017 respectively, drawn on Punjab National Bank and they were also encashed by the first respondent.

3. It is the grievance of the petitioner that despite clearing the loan amount in full, the first respondent has not issued 'No Due Certificate' . The petitioner also sent a representation on 29.9.2021 requesting the first respondent to issue 'No Due Certificate' and close the loan account. The copy of the representation dated 29.09.2021 was also marked to the second respondent, but till date the respondents did not issue the No Due Certificate requested by him. However, his representation has not been acted upon, hence, the petitioner has filed the present writ petition for the relief stated supra.

4. Heard the counsel for the petitioner and perused the materials placed on record.

5. In the representation dated 29.09.2021, the petitioner has stated that the entire loan amount payable to the Corporation has been paid and hence, he sought for no due certificate.

6. Considering the above facts and circumstances of the case and having regard to the submissions of the learned counsel for the petitioner, the first respondent is directed to consider the petitioner's representation dated 29.09.2021 and pass appropriate orders on merits and in accordance with law within a period of four weeks from the date of receipt of a copy of this order.

7. Accordingly, this writ petition stands disposed of. No costs.

Sd/- Assistant Registrar(CS-VIII) //True Copy// Sub Assistant Registrar msr/rsh To 1.The Branch Manager, City Branch-27, 22, Andiappa Gramani Street, Royapuram, Chennai 600 013.

2.The Manager, CRM, Divisional Office II, C-47, Second Avenue, Anna Nagar Plaza, Anna Nagar, Chennai 600 040.

+1cc to Mr.G.Santhosh Kumar, Advocate, S.R.No.57220 W.P.No.23377 of 2021 SPD(CO) RVM(26/11/2021)