Pk. Velusamy v. The Government Of India
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 23.01.2025
CORAM
THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI P.K.Velusamy ... Petitioner Vs.
1.The Government of India, Rep by its Secretary, Ministry of Finance, 3rd Floor, Jeevan Deep Building, Sansad Marg, New Delhi - 110001.
2.The Reserve Bank of India, Fort Glacis, 16, Rajaji Road, Fort St George, Chennai - 600 001.
3.The Chairman and Managing Director, No.112, JC Road, Nagarathpet, Bangalore - 560 002, Karnataka State.
4.The Chief Manager, First Floor, Layola Building, Salai Road, Dindigul - 624 001.
... Respondents 1/6
Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus directing the respondents to effect the orders issued under agricultural debt relief scheme 2008, for the petitioner's agricultural loan account with the 4th respondent's vide A/c.No.1006883010823 and 1006883013062 based on the 4th respondent's debt waiver order dated 28.07.2008 and the petitioner's representation dated 19.08.2024 within the stipulated period by this Court.
For Petitioner : Mr.T.Ramasamy For R-1 : Mr.R.Senthilkumar, Central Government Standing Counsel For R-2 : Mr.K.R.Laxman, Standing counsel For R-3 & R-4 : Mr.N.Dilipkumar, Standing counsel
ORDER
By consent of both the parties, this writ petition is taken up for final hearing at the admission stage itself.
2.This writ petition is filed seeking to direct the respondents to effect the orders issued under agricultural debt relief scheme 2008, for the petitioner's agricultural loan account with the 4th respondent's vide A/c.Nos.1006883010823 and 1006883013062 2/6
based on the 4th respondent's debt waiver order dated 28.07.2008 and the petitioner's representation dated 19.08.2024. 3.Heard the learned counsels on either sides and carefully perused the materials available on record.
4.It is needless to point out that whenever a representation of this nature is made to a Statutory Authority, there is a duty cast upon the respondent to consider the same on its own merits and pass appropriate orders in one way or other instead of keeping the same pending indefinitely. As such, non-consideration of the representation made by the Statutory Authority would amount to dereliction of duty and hence, this Court will be justified in invoking the extraordinary powers under Article 226 of the Constitution of India.
5.Without going into the merits of this case, this Court hereby direct the respondents to consider the petitioner's representation dated 19.08.2024 and pass appropriate orders in accordance with 3/6
law within a period eight (8) weeks from the date of receipt of a copy of this order.
6.Accordingly, this writ petition is disposed of. There shall be no order as to the costs.
23.01.2025 NCC : Yes / No Index : Yes / No Internet : Yes Sml To 1.The Government of India, Rep by its Secretary, Ministry of Finance, 3rd Floor, Jeevan Deep Building, Sansad Marg, New Delhi - 110001.
2.The Reserve Bank of India, Fort Glacis, 16, Rajaji Road, Fort St George, Chennai - 600 001.
3.The Chairman and Managing Director, No.112, JC Road, Nagarathpet, Bangalore - 560 002, Karnataka State.
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4.The Chief Manager, First Floor, Layola Building, Salai Road, Dindigul - 624 001.
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L.VICTORIA GOWRI, J.
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