V.H.Sundaramurthy v. The Indian Bank

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 26.10.2018

CORAM

THE HONOURABLE MR.JUSTICE R.MAHADEVAN W.P.No.23760 of 2017 V.H.Sundaramurthy ... Petitioner Vs 1.The Indian Bank, Rep by its Manager, Aavai Shanmugam Salai, Royapattai, Chennai 600 014.

2.The Zonal Manager, Indian Bank, Zonal Office, Tiruvannamalai, Tiruvannamalai District.

3.The Branch Manager, Vettavalam Branch, No.166, Gandhi Salai, Vettavalam, Tiruvannamalai District 606 754.

... Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Certiorarified Mandamus, to call for the records relating to the impugned letter dated 19.07.2017 issued by the third respondent and quash the same and consequently, direct the third respondent to grant the educational loan within a stipulated time. For Petitioner : Mr.H.Rajesh For Respondents : No appearance

O R D E R

The petitioner has come up with this writ petition challenging the letter dated 19.07.2017 issued by the third respondent and quash the same and consequently, direct the third respondent to grant the educational loan.

2. When the matter is taken up for consideration, the learned counsel for the petitioner strenuously argued that the reasons adduced in the counter affidavit at paragraph No.6, may not be correct even in accordance with the guidelines. The

learned counsel specifically submitted that the petitioner was not at all given any opportunity to put forth his grievances by placing the materials obtained from the College authorities to the effect that the students studied in the College had also got placement in various institutions.

3. Despite the case listed on several occasions, there is no representation for the respondents who filed a counter affidavit in the month of February 2018.

4. As rightly pointed out by the learned counsel for the petitioner that the reasons adduced in paragraph No.6 of the counter affidavit, are not in consonance with the guidelines framed with regard to sanction of loan. Hence the impugned order is set aside and the matter is remanded back to the authority for fresh consideration. The authority is directed to consider the matter afresh after considering all the legal claims made by the petitioner. Such an exercise shall be completed within a period of four weeks from the date of receipt of a copy of this order.

5. Accordingly, the writ petition stands disposed of. No costs.

Sd/- Assistant Registrar(CS IV) //True Copy// Sub Assistant Registrar gsk To 1.The Indian Bank, Rep by its Manager, Aavai Shanmugam Salai, Royapattai, Chennai 600 014.

2.The Zonal Manager, Indian Bank, Zonal Office, Tiruvannamalai, Tiruvannamalai District.

3.The Branch Manager, Vettavalam Branch, No.166, Gandhi Salai, Vettavalam, Tiruvannamalai District 606 754.

+1cc to Mr.H.Rajesh, Advocate SR.NO.73604 VSNII(CO) sm:22.11.2018 W.P.No.23760 of 2017