V.Kannan v. The Deputy General Manager
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 29.10.2024 CORAM :
THE HONOURABLE MR.JUSTICE M.DHANDAPANI V.Kannan
...Petitioner
Vs.
1.
The Deputy General Manager, Regional Office, Canara Bank, Kamarajar Street, West Tambaram, Tambaram, Chennai - 600 045.
2.
The Chief Manager, Canara Bank, SME - Perungudi Branch, Chennai - 600 096.
...Respondents
Writ Petition filed under Article 226 of Constitution of India, praying for issuance of Writ of Mandamus directing the 2nd respondent to return the documents pertaining to the agricultural properties situated at Salem and Namakkal Districts comprised on Property 1.Patta No.1477 & 1548, Old S.Nos.332/1, 340/2, 341/2 & 344/3, New Sub Division S.Nos.332/1A2, 332/1B, 340/2, 341/2 & 344/3B, Mathuruttu Village & Panchayat, Namgiripettai Union Limit, Rasipuram Taluk, Namakkal District, to the Page No.1 of 6
extent of 10 Acres and Property 2.Old Patta No.388, New Patta No.688, Presently Patta No.729, Old S.No.142/2, New Sub Division S.No.142/2B, Umaiyalpuram, Vadugathampatty Village & Panchayat, Pethanaickenpalayam Union Limit, Pethanaickenpalayam Taluk, Salem District to the extent of 2.47 Acres which was given as collateral security for the loan transaction in BG(ST) sanction limit to the tune of Rs.4.00 Crores considering the petitioner representation dated 02.09.2024. For Petitioner : M/s.T.P.Savitha For Respondents : Mr.R.Sreedhar
O R D E R
The petitioner has filed this Writ petition seeking direction to the 2nd respondent to return the documents pertaining to the following agricultural properties: 1.Patta Nos.1477 & 1548, Old S.Nos.332/1, 340/2, 341/2 & 344/3, New Sub Division S.Nos.332/1A2, 332/1B, 340/2, 341/2 & 344/3B, Mathuruttu Village & Panchayat, Namgiripettai Union Limit, Rasipuram Taluk, Namakkal District, to the extent of 10 Acres and 2.Old Patta No.388, New Patta No.688, Presently Patta No.729, Old S.No.142/2, New Sub Division S.No.142/2B, Umaiyalpuram, Vadugathampatty Village & Panchayat, Pethanaickenpalayam Union Limit, Pethanaickenpalayam Taluk, Page No.2 of 6
Salem District to the extent of 2.47 Acres, which were given as collateral security for the loan transaction in BG(ST) sanction limit to the tune of Rs.4.00 Crores, by considering the petitioner's representation dated 02.09.2024.
2. Mr.R.Sreedhar, learned counsel takes notice on behalf of the respondents. In view of the consent expressed by the learned counsel on either side, this Writ petition is taken up for final disposal at the admission stage itself.
3. The case of the petitioner is that, the petitioner is the Managing Director of M/s. GreenOCare Engineering Private Limited previously known as M/s. Pressmach Engineers Private Limited. The petitioner availed BG(ST) sanction for financial assistance in the name of the above said company for the purpose of construction of Bio-toilets in the Railway stations situated in Chhattisgarh, Jharkhand, Maharashtra, Tamil Nadu and Orissa and he submitted the original documents in respect of the above mentioned agricultural properties to the bank for collateral security purpose. Thereafter, Page No.3 of 6
based on the request made by the petitioner, the above said BG(ST) sanction limit was closed as early as 30.04.2023. Pursuant to the same, the petitioner approached the 2nd respondent seeking release of the above said documents, which evoked no response and subsequently, the petitioner also made a representation dated 02.09.2024 before the respondents. However, till date, no orders have been passed on the same. Hence, this Writ petition.
4. Though very many grounds have been raised, the learned counsel for the petitioner submitted that, it would suffice, if this Court issues direction to the 2nd respondent to consider the petitioner's representation dated 02.09.2024 and to consequently, release the original documents of the above said properties submitted by the petitioner as collateral security, as expeditiously as possible.
5. Learned counsel appearing on behalf of the respondents submitted that, appropriate orders will be passed on the petitioner's representation dated 02.09.2024 within the time stipulated by this Court. Page No.4 of 6
6. In view of the aforesaid submissions, this Court without going into the merits of the case, directs the 2nd respondent to consider the petitioner's representation dated 02.09.2024 on merits and in accordance with law and pass appropriate orders within a period of two weeks from the date of receipt of a copy of this order, after affording an opportunity of hearing to the petitioner and aggrieved persons, if any.
7. With the above directions, this Writ Petition stands disposed of. No costs.
29.10.2024 skt NCC : Yes/No Index : Yes/No Speaking Order : Yes/No To:
1.
The Deputy General Manager, Regional Office, Canara Bank, Kamarajar Street, West Tambaram, Tambaram, Chennai - 600 045.
2.
The Chief Manager, Canara Bank, SME - Perungudi Branch, Chennai - 600 096.
Page No.5 of 6
M.DHANDAPANI, J.
skt 29.10.2024 Page No.6 of 6