E.Premi v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 04.01.2022

CORAM:

THE HON'BLE MR.JUSTICE M.DHANDAPANI W.P.No.28246 of 2021 Mrs. E. Premi ... Petitioner vs.

1. The District Collector, Office of Collectorate, Vellore.

2. The Joint Registrar of Co-operative Societies, Vellore region, Collectorate campus, Sathuvacheri, Vellore-632 009.

3. The District Manager, Tamilnadu Adi Dravider Housing and Development Corporation (TAHDCO) Officers line, Old district board building, Vellore-632 001.

4. The Branch Manager, KalanthiraChettiappar Primary Agricultural Co-operative Society, Vaniyambadi.

.. Respondents PRAYER:Writ Petition filed under Article 226 of the Constitution of India, is issue a Writ of Mandamus, directing the 4th Respondent to disburse the loan amount of Rs.7,75,000/-(Rupees Seven Lakh Seventy Five Thousand only) to the petitioner, as sanctioned under Nodal Order No.A2/050/2015/2016 dated 28.10.2016 under the Entrepreneur Development Program Scheme in TAHDCO, within a time frame.

For Petitioner :

Mr. P.G.Thiyagu For Respondent 1 :

Mrs. C. Sangamithirai, Special Government Pleader

For Respondents 2 to 4 :

Mr. A. Selvendran, Special Government Pleader

ORDER

The present petition has been filed seeking direction to the 1st respondent for disbursement of the loan amount as sanctioned under Nodal Order dated 28.10.2015 under the Entrepreneur Development Program Scheme in TAHDCO.

2. Mrs.C. Sangamithirai, Special Government Pleader takes notice to the 1st respondent & Mr.A. Selvendran, Special Government Pleader takes notice to respondents 2 & 3.

3. The case of the petitioner is that the petitioner belonging to the Scheduled community had applied for a loan under Entrepreneur Development programme with TAHDCO on 16.09.2014 to the tune of Rs.7,75,000/- and the same was approved and she was selected as an eligible candidate for availing the loan. After selection, the subsidy amount of Rs.2,25,000/- was credited to the petitioner's account. While being so, the petitioner approached the 4th respondent for grant of balance amount to the tune of Rs.5,10,000/-, which was denied by the 4th respondent on the ground that the beneficiaries belonging to the Hindu Adi Dravidar Community are not repaying the loan properly. Thereafter, the petitioner availed the loan amount from private parties and started her own business.

After verifying the work place, the 4th respondent gave assurance for disbursement of loan and the same was delayed again. Therefore, the petitioner made a representation dated 07.11.2016 to the 1st respondent, however, due to the inaction on the part of the 1st respondent, the petitioner made a representation dated 01.09.2021 to the 2nd respondent with regard to disbursement of loan. However, till date no action has been taken on the same. Hence, the present Writ Petition is filed.

4. Though very many grounds have been raised, submits that though the subsidy amount of Rs.2,25,000/- was credited to the petitioner's account as per the Nodal order dated 28.10.2015 passed by the 1st respondent. However, the said order is valid only for a period of six months. Hence, this Court may permit the petitioner to make a fresh application seeking grant of loan before the 3rd respondent.

5. Learned Special Government pleader appearing for the respondents have no serious objection to the said order being passed.

6. Heard the learned counsel on the either side and perused

the materials available on record.

7. Upon hearing the learned counsel on the either side, this Court without expressing any opinion on the merits of the case directs the petitioner to file a fresh application seeking grant of loan, before the 3rd respondent within a period of two weeks from the date of receipt of a copy of this order. If such application is filed, the 3rd respondent is directed to consider the same and pass appropriate orders in accordance with law as expeditiously as possible.

8. Accordingly, this writ petition is disposed of with the aforesaid direction. No costs.

Sd/- Assistant Registrar(CS-IV) //True Copy// Sub Assistant Registrar NHS To

1. The District Collector, Office of Collectorate, Vellore.

2. The Joint Registrar of Co-operative Societies, Vellore region, Collectorate campus, Sathuvacheri, Vellore-632 009.

3. The District Manager, Tamilnadu Adi Dravider Housing and Development Corporation (TAHDCO) Officers line, Old district board building, Vellore-632 001.

4. The Branch Manager, KalanthiraChettiappar Primary Agricultural Co-operative Society, Vaniyambadi.

+1cc to Mr.P.G.Thiyagu, Advocate, S.R.No.205 +1cc to the Government Pleader, S.R.Nos.647 & 684 W.P.No.28246 of 2021 RGN(CO) SU(11/02/2022)