V.Manickavasagam, v. The District Collector
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 19.03.2018 CORAM :
THE HONOURABLE MR.JUSTICE V.BHARATHIDASAN W.P.(MD) Nos.4642, 4643, 4646, 4647, 5190 and 5171 of 2018 V.Manickavasagam ...
Petitioner in WP(MD)No.4642 of 2018 S.Murugesan ...
Petitioner in WP(MD)No.4643 of 2018 S.Jeyanthi ...
Petitioner in WP(MD)No.4646 of 2018 B.Rukumani ...
Petitioner in WP(MD)No.4647 of 2018 R.Pandi ...
Petitioner in WP(MD)No.5190 of 2018 M.Panjulakshmi ...
Petitioner in WP(MD)No.5171 of 2018 Vs.
2. The Branch Manager, Kanniyappapillaipatti Branch, ... Respondents in WP(MD)No.4642 of 2018
2. The Branch Manager, ... Respondents in WP(MD)No.4643 of 2018
2. The Branch Manager, Andipatti Branch, ... Respondents in WP(MD)No.4646 of 2018
2. The Branch Manager, Usilampatti Branch, ... Respondents in WP(MD)No.4647 of 2018
2. The Branch Manager, ... Respondents in WP(MD)No.5190 of 2018
2. The Branch Manager, Canara Bank, Usilampatti Branch, ... Respondents in WP(MD)No.5171 of 2018 Petition filed under Article 226 of the Constitution of India praying for issuance of a writ of Mandamus directing the second respondent to provide the educational loan application form to the petitioner and further direct the respondents to sanction the educational loan of Rs.3,91,500/- for the petitioner's daughter Seethalakshmi for her B.Sc. Nursing Course (4 years) at Nightingale College of Nursing, Bangalore, Karnataka State. Prayer in WP(MD). 4643/ 2018 :
Writ Petition is filed under Article 226 of the Constitution of India, praying this Court To issue a Writ of Mandamus directing the 2nd respondent to provide the educational loan application form to the petitioner and further direct the respondents to sanction the educational loan of Rs.3,91,500/- for the petitioners daughter Kohila for her B.Sc., Nursing Course(4 years) at Nightingale College of Nursing, Bangalore, Karnataka State.
Prayer in WP(MD). 4646/ 2018 :
Writ Petition is filed under Article 226 of the Constitution of India, praying this Court To issue a writ of Mandamus directing the 2nd respondent to provide the educational loan application form to the petitioner and further direct the respondents to sanction the educational loan of Rs.3,96,000/- for the petitioners daughter Kavitha for her B.Sc., Nursing Course (4 years) at Sri Ramakrishna College of Nursing, Bangalore, Karnataka State.
Prayer in WP(MD). 4647/ 2018 :
Writ Petition is filed under Article 226 of the
Constitution of India, praying this Court To issue a Writ of Mandamus directing the 2nd respondent to provide the educational loan application form to the petitioner and further direct the respondents to sanction the educational loan of Rs.3,91,500/- for the petitioners daughter Deepa for her B.Sc., Nursing Course(4 years) at Nightingale College of Nursing, Bangalore, Karnataka State.
Prayer in WP(MD). 5190/ 2018 :
Writ Petition is filed under Article 226 of the Constitution of India, praying this Court To issue a writ of Mandamus directing the 2nd respondent to provide the educational loan application form to the petitioner and further direct the respondents to sanction the educational loan of Rs.3,91,500/- for his daughter Pandimeena for her B.Sc., Nursing Course (4 years) at Nightingale College of Nursing, Bangalore, Karnataka State. Prayer in WP(MD). 5171/ 2018 :
Writ Petition is filed under Article 226 of the Constitution of India, praying this Court To issue a Writ of Mandamus directing the 2nd respondent to provide the educational loan application form to the petitioner and further direct the respondents to sanction the educational loan of Rs.3,90,000/- for her son Inbaraj for his B.C.A (Cloud computing) at Anubama College of Management Science at Bangalore, Karnataka State. For Petitioners : Mr.V.Sankaranarayanan in all Wps.
For R1 : Mr.M.Rajarajan Government Advocate in all Wps.
For R2 : Mr.C.Karthik in WP(MD).Nos.4642,4643,5190 and 5171/18 : Mr.J.Alaguram Jothi (Government Advocate) in WP(MD).Nos.4646 and 4647/18 COMMON ORDER Since the grievance of the petitioners in all the writ petitions is one and the same, all the writ petitions are disposed of by way of this common order.
2.The petitioners are the parents of the students, who have completed their 12th standard, filed these writ petitions, seeking direction to the second respondent bank to provide educational loan. The grievance of the petitioners is that after completing 12th standard, their children joined in various under graduation courses and when they approached the second respondent bank seeking educational loan, the second respondent banks not
even issue application form and they have not providing educational loan to the petitioners. Hence, the petitioners have made representations to the second respondent bank. Since the same have not been considered so far, these writ petitions have been filed.
3.I have heard the learned counsel appearing for the petitioners and the learned Government Advocate appearing for the first respondent and the learned Standing counsel appearing for the second respondent.
4.The learned counsel appearing for the petitioners submitted that despite the petitioners' children are qualified to get educational loan, they have not been issued with application forms by the second respondent bank.
5.On the other hand, the learned Standing Counsel appearing for the second respondent bank submitted that the petitioners have never approached the concerned bank and they have sent representations only in March, 2017, thereafter, keeping quite for one year, now, they filed the present writ petitions and there is no bona fide on the part of the petitioners. 6.Be that as it may, now, the grievance of the petitioners is that they want application form for seeking educational loan, and there cannot be any impediment on the part of the second respondent bank to issue the same. 7.In the above circumstances, the second respondent is directed to issue application to the petitioners immediately and if any application is filed by the petitioners seeking educational loan, it is open to the second respondent bank to consider the same and pass suitable orders on merits and in accordance with law.
8.With the above direction, these writ petitions are disposed of. No costs.
Sd/- Assistant Registrar(T&P) /True Copy/ Sub Assistant Registrar To
2. The District Collector,
3. The Branch Manager, Kanniyappapillaipatti Branch,
4. The Branch Manager,
5. The Branch Manager, Andipatti Branch,
6. The Branch Manager, Usilampatti Branch,
7. The Branch Manager, Canara Bank, Usilampatti Branch, + 2 ccs TO Mr.V.Sanakara Narayanan , Advocate in SR No. 56724 + 2 ccs TO Mr.V.Sankara Narayanan , Advocate in SR No.56723 + 4 ccs TO Mr.C.Karthik , Advocate in SR No. 56346 to 56349 + 2 ccs TO Mr.J.Alaguram Jothi , Advocate in SR No. 56458,56459 + 1 cc TO The Special Government Pleader in SR No. 56551 mj AE/KK/SAR1/12.04.2018/5P/19C W.P.(MD) Nos.4642, 4643, 4646, 4647, 5190 and 5171 of 2018 19.03.2018