M.Adhimoolam, Proprietor, v. The District Collector,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 14.02.2018

CORAM

THE HONOURABLE MR. JUSTICE K.KALYANASUNDARAM WP.No.27390 of 2013 M.Adhimoolam, Proprietor, Uma Alleo Bricks.

...Petitioner

Vs.

1.The District Collector, Dharmapuri, Dharmapuri District.

2.The Branch Manager Central Bank of India, Krishnapuram, Dharmapuri District - 635 202.

...Respondents

PRAYER:

Writ petition filed under Article 226 of the Constitution of India praying for issuance of Writ of Mandamus to direct the respondents to dispose of representation, given by the petitioner dated 16.09.2013 as expeditiously as possible. For Petitioner : Mr.M.Ravi For R1 : Mr.N.Inbanathan Additional Government Pleader For R2 : Mr.B.Thilak Narayanan for Mr.T.M.Hariharan

ORDER

This writ petition is filed seeking for issuance of a writ of mandamus to direct the respondents to dispose of the representation given by the petitioner dated 16.09.2013.

2. Heard the learned counsel for the petitioner, the learned Additional Government Pleader appearing for the first respondent and the learned counsel for the second respondent. https://hcservices.ecourts.gov.in/hcservices/

3. The second respondent has failed a detailed counter affidavit stating that the petitioner has availed a loan from the second respondent-Bank to the tune of Rs.10,00,000/- in the year 2009 and due to the default in repayment of the loan amount, the second respondent initiated proceedings. Challenging the said action, the petitioner filed a writ petition in W.P.No.27793 of 2012 seeking one year period for repayment of the entire loan amount. Since the writ petition is pending, the second respondent did not precipitate the matter. While so, the petitioner gave a representation to the second respondent for sanctioning Additional loan.

4. The learned counsel for the 2nd respondent further submitted that since, the petitioner is already a defaulter, the second respondent-Bank has rejected the representation of the petitioner on 08.10.2013 and letter of rejection was also placed before this Court.

5. In the light of the above facts, this Court is of the opinion that the petitioner is not entitled for the relief as sought for in this writ petition. The writ petition fails and the same is dismissed accordingly. No costs.

Sd/- Asst.Registrar (CS III ) /true copy/ Sub Asst. Registrar msrm To 1.The District Collector, Dharmapuri, Dharmapuri District.

2.The Branch Manager Central Bank of India, Krishnapuram, Dharmapuri District - 635 202.

+ 1 cc to Mr.T.M.Hariharan Advocate,SR.11577 + 1 cc to The Govt.Pleader, SR.12171 WP.No.27390 of 2013 nr 05/03/2018 https://hcservices.ecourts.gov.in/hcservices/