Mr. S.Aasai Thambi, v. The District Collector,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 25-11-2021

CORAM

THE HONOURABLE MR. JUSTICE S.M.SUBRAMANIAM WP No.14478 of 2014 Mr.S.Aasai Thambi ..Petitioner vs.

1. The District Collector, Collectorate, Nagapattinam.

2. The District Manager, THADCO, Nagapattinam District.

3. The Branch Manager, Indian Overseas Bank, Kaveri Poompattinam, Nagapattinam District.

..Respondents Writ Petition is filed under Article 226 of the Constitution of India, praying for the issuance of a Writ of Mandamus, directing the second respondent to forward the petitioner's loan application to the third respondent and consequently, direct the third respondent to sanction the loan amount of Rs.4,87,500/- to the petitioner.

For Petitioner : Mr.P.Vijendran For Respondent-1 : Mr.C.Selvaraj, Additional Government Pleader.

For Respondent-2 : No Appearance For Respondent-3 : Ms.Ananda Gomathy

O R D E R

The relief sought for in the present writ petition is to direct the second respondent to forward the petitioner's loan application to the third respondent and consequently, direct the third respondent to sanction the loan amount of Rs.4,87,500/- to the petitioner.

2. The petitioner states that he belongs to the Scheduled Caste Hindu Adhidravidar Community. He enrolled as an Assistant Art Director with the 'Association of Cine and Television Art Directors of Southern India'. The petitioner had approached the second respondent to avail loan for selfemployment in the year 2011. The second respondent orally denied and directed the petitioner to apply through on-line. 3.

The petitioner accordingly submitted an application in the year 2013. However, the said application was not materialised and no loan amount was granted to the petitioner. Thus, the petitioner is constrained to move the present writ petition.

4.

The writ petition was filed in the year 2014 and about seven years have lapsed. Granting of loan by a Bank or Institution can never be claimed as a matter of right. However, such loans are to be granted by strictly following the Rules and Regulations in force in respect of the Banks or Institutions. There cannot be any discrimination in dealing with the loan application by the Management but the assessment of eligibility or otherwise is the prime criteria to be exercised by the Competent Authorities. That is to say, the capability of a person to repay the loan amount and the security to be produced or under a Special Scheme introduced by the Government or otherwise.

5.

All these factors are to be considered by the administration while considering the loan application. However, the High Court cannot issue any direction to grant loan in favour of any person as it requires scrutinisation of various factors. Thus, the relief, as such, sought for in the present writ petition cannot be granted. However, the petitioner is at liberty to submit a fresh application, if he is otherwise eligible for availing any loan from the respondents and in the event of any such application being filed by the petitioner, the Competent Authorities have to consider the same on merits and in accordance with law.

6.

With the abovesaid liberty, the writ petition stands disposed of. However, there shall be no order as to costs. Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar Svn To

1. The District Collector, Collectorate, Nagapattinam.

2. The District Manager, THADCO, Nagapattinam District.

3. The Branch Manager, Indian Overseas Bank, Kaveri Poompattinam, Nagapattinam District.

+1cc to Mr.P.Vijendran, Advocate SR. No.61642 +1cc to the Government Pleader SR. No.61976 WP No.14478 of 2014 KSM (CO) PR (06/12/2021)