← Library
Madras High CourtWP/23508/2019disposed of

S.Suresh Kumar v. The District Collector,

2021-11-08Honourable Mr Justice M.Dhandapani3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 08.11.2019

CORAM

THE HONOURABLE MR.JUSTICE M.DHANDAPANI W.P.No.23508 of 2019 S. Suresh Kumar ... Petitioner Vs.

1. The District Collector, Collectorate, Tiruppur District, Tiruppur.

2. The Branch Manager, National Small Industries Corporation Ltd., Administrative Building, Industrial Estate, Thttanchavadi, Pondichery-605 009.

3. The Branch Manager, State Bank of India, Dharapuram Branch, CSI Campus, Udumelpet Road, Dharapuram-638 656, Tiruppur District.

... Respondents Prayer: Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus to direct the 3rd Respondent to consider the proposal submitted by the 2nd Respondent in his Ref. NSIC/BO/TRI/BANK TIE-UP/SHRI LAKSHMI FLOUR AND OIL MILL/12/2019-20 dated 11.06.2019 under Prime Minister's Employment Generation Programme (PMEGP) and to grant term loan to the petitioner ass per the above said proposal. For Petitioner : Mr. P. Rajesh For 1st Respondent : Mr. U. Bharanidharan (Government Advocate) For 3rd Respondent: M/s. S. R. Sumathy For 2nd Respondent : No Appearance

O R D E R

The petitioner has filed this petition under Article 226 of the Constitution of India to issue a Writ of Mandamus to direct the 3rd Respondent to consider the proposal submitted by the 2nd Respondent in his Ref. NSIC/BO/TRI/BANK TIE-UP/SHRI LAKSHMI FLOUR AND OIL MILL/12/2019-20 dated 11.06.2019 under Prime Minister's Employment Generation Programme (PMEGP) and to grant term loan to the petitioner ass per the above said proposal.

2. The case of the prosecution is that the petitioner is doing a Flour and Oil Mill business in the name of Sri Lakshmi Flour and Oil Mill at Dharapuram being enrolled with Government of India Ministry of Micro, Small & Medium Enterprises and he approached the 2nd Respondent for availing loan for the purpose of doing business under Prime Minister's Employment Generation Programme. After the due process of certificate verification, his particulars for sanction of loan were forwarded to the 3rd respondent. Since no order was passed by the 3rd respondent, the petitioner approached the 1st respondent with regard to sanctioning of loan on 01.07.2019 however he refused to sanction the loan without stating any reason. Hence, the petitioner, left with no other option, had filed the present Writ Petition seeking the above relief.

3. Though very many grounds have been raised, learned counsel for the petitioner submits that it would suffice if this Court issues direction to the 3rd respondent to consider the representation of the 2nd respondent dated 11.06.2019 and pass orders on the same within a particular time frame fixed by this Court.

4. The learned Government Advocate submit that the said prayer cannot be granted as the 1st respondent has already rejected the representation of the petitioner. However, this Court may grant liberty to the petitioner to file a fresh representation before 3rd respondent and if such representation is filed the same will be considered in accordance with law. 5.Considering the fact that the 1st respondent has already rejected the representation, the relief sought for by the petitioner cannot be granted. However, the fact remains that no opportunity was given to the petitioner by the 1st respondent before passing the order. Therefore, this Court is inclined to grant liberty to the petitioner to make a fresh representation

before the 3rd respondent and on such representation being made, the Respondents are directed to consider the same in terms with RBI guidelines and pass appropriate orders in accordance with law. Accordingly the Writ petition is disposed of with the above direction. No costs.

SD/- ASSISTANT REGISTRAR // TRUE COPY // SUB ASSISTANT REGISTRAR NHS To 1.The District Collector, Collectorate, Tiruppur District, Tiruppur.

2. The Branch Manager, State Bank of India, Dharapuram Branch, CSI Campus, Udumelpet Road, Dharapuram-638 656, Tiruppur District.

+1cc to Mr.P.Rajesh, Advocate Sr.57510 +1cc to the Government pleader Sr.57621 W.P.No.23508 of 2019 kg[co] srg 29/11/2021