B.Ramasamy v. The Regional Manager

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 30.11.2018

CORAM

THE HONOURABLE MRS. JUSTICE PUSHPA SATHYANARAYANA W.P.Nos.29100, 29103 and 29107 of 2018 amd WMP Nos.34029, 34034 and 34038 of 2018 B.Ramasamy .. Petitioner in WP 29100/18 M.Sampath .. Petitioner in WP 29103/18 M.Thiyagarajan .. Petitioner in WP 29107/18 Vs.

1. The Regional Manager, Regional Office, Indian Bank, No.55, Ethiraj Salai, Egmore, Chennai 600 008.

2. The Branch Manager, Indian Bank, East Tambaram Branch, No.149, Baratha Matha Street, East Tambaram, Chennai .. Respondents in all the petitions PRAYER :

Writ Petitions filed Under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the respondents to consider the petitioners' representations dated 24.05.2017 and 07.08.2017 respectively and pass on order to resanction a loan under the Prime Minister Employment Generation Programme (PMEGP) Scheme.

For Petitioner : Mr.D.Senthil Kumaar (in all the petitions) For Respondents : Ms.R.Anitha (in all the petitions)

C O M M O N O R D E R By consent of both parties, these Writ petitions are taken up for final disposal at the admission stage itself.

2. Heard Mr.D.Senthil Kumaar, learned counsel appearing for the petitioners in all the petitions and Ms.R.Anitha, learned counsel appearing on behalf of respondents in all the petitions.

3. The petitioners have come up with these writ petitions seeking a direction to the second respondent to consider their representations dated 24.05.2017 and 07.08.2017 respectively.

4. According to the learned counsel for the petitioners, the petitioners have submitted their representations dated 24.05.2017 and 07.08.2017 respectively, relating to re-sanction of the loan under the Prime Minister Employment Generation Programme [PMEGP] Scheme, but, the same is yet to be disposed of by the second respondent. Hence, the petitioners are before this Court.

5. The learned counsel appearing for the respondents would submit that earlier the petitioners were granted the benefit under the Prime Minister Employment Generation Programme [PMEGP] Scheme and they also discharged the loan. Therefore, there is no possibility of re-sanctioning the loan under the said scheme for the second time. The learned counsel would further submit that the petitioners are disqualified from taking the loan.

6. Considering the facts and circumstances of the case and the submissions made on either side, this Court, without expressing any opinion on the merits of the representations, directs the petitioners to give a fresh representation to the first respondent within a period of two weeks from the date of receipt of copy of this order and on receipt of copy of such representation, the second respondent is directed to conduct an enquiry by issuing notice to the petitioner as well as the fourth respondent herein and to all the persons concerned and also to afford due opportunity of hearing to the petitioners, as well as any of the interested parties and pass appropriate orders, on merits and in accordance with law, based on the documents that may be furnished, within a period of four weeks thereafter.

7. With the above directions, these writ petitions stands disposed of. No costs. Consequently, the connected miscellaneous petitions are closed.

Sd/- Assistant Registrar(CO) //True Copy// Sub Assistant Registrar jv To

1. The Regional Manager, Regional Office, Indian Bank, No.55, Ethiraj Salai, Egmore, Chennai 600 008.

2. The Branch Manager, Indian Bank, East Tambaram Branch, No.149, Baratha Matha Street, East Tambaram, Chennai.

+1cc to Mr.L.Ramkumar, Advocate, S.R.No.83127 +1cc to Mr.L.Ramkumar, Advocate, S.R.No.83125 +3cc to Mr.D.Senthil Kumaar, Advocate, S.R.No.82314 W.P.Nos.29100, 29103 and 29107 of 2018 amd WMP Nos.34029, 34034 and 34038 of 2018 VSNII(CO) CS/03/01/2019