Mari Devi v. The General Manager (Hrm)

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 24.02.2025

CORAM:

THE HONOURABLE MR.JUSTICE VIVEK KUMAR SINGH Mari Devi : Petitioner Vs.

1. The General Manager (HRM), Canara Bank, Circuit Office, Old Kuyavarpalayam, Madurai - 625 001.

2. The Regional Manager, Canara Bank Regional Office, Beach Road, Thoothukudi.

3. The Branch Manager, Canara Bank, Korkai Branch, Mariamman Kovil Street, Korkai, Eral Taluk, Thoothukudi District.

: Respondents P RAYER:

Writ Petitions filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, to direct the respondents 2 and 3 1/6

to conduct an enquiry and take appropriate action based on the petitioners representation dated 12.09.2024 in accordance with law. For Petitioner : Mr.S.Mandhiralingeswaran

O R D E R

This Writ Petition has been filed seeking a direction to the the respondents 2 and 3 to conduct an enquiry and take appropriate action based on the petitioner's representation dated 12.09.2024 in accordance with law.

2. The petitioner claims that she, along with 13 other members, availed a loan from the respondent bank to the tune of Rs. 32,50,000/- under the Women Self Empowerment Group scheme. The petitioner further asserts that the monthly instalments of Rs.81,250/- for the said loan were collected by one Nattar Selvi, an Office Assistant employed by the third respondent bank. The petitioner's grievance is that since 2023, Nattar Selvi has not remitted the instalments, resulting in misappropriation of Rs.8,21,600/-. Based on the petitioner's complaint, an FIR has been registered against Nattar Selvi. In this regard, the 2/6

petitioner submitted a representation on 03.01.2025, requesting necessary action be taken against Nattar Selvi. However, as no action has been taken on the representation, the petitioner has now filed the present writ petition.

3. Heard the learned counsel for the petitioner. Having regard to the nature of the order proposed to be passed in this writ petition, notice to the respondents is dispensed with.

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 him 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 by the Statutory Authority would amount to dereliction of duty and hence, this Court will be justified in invoking its extraordinary powers under Article 226 of the Constitution of India and direct them to consider the same within a stipulated time.

3/6

5. In the light of the above observations, there shall be a direction to the third respondent, to consider the petitioner's representation dated 03.01.2025, on its own merits and pass appropriate orders in accordance with law, after giving due opportunity to the petitioner, as well as all other persons, who may be interested in the subject matter, within a period of four weeks from the date of receipt of a copy of this order. It is also made clear that this Court has not expressed any of its views with regard to the merits of the matter and that it is open to the third respondent to consider the same on its own merits.

6. With the above directions, the Writ Petition stands disposed of. There shall be no order as to costs. 24.02.2025 Index : Yes / No Internet : Yes / No PKN 4/6

To

1. The General Manager (HRM), Canara Bank, Circuit Office, Old Kuyavarpalayam, Madurai - 625 001.

2. The Regional Manager, Canara Bank Regional Office, Beach Road, Thoothukudi.

3. The Branch Manager, Canara Bank, Korkai Branch, Mariamman Kovil Street, Korkai, Eral Taluk, Thoothukudi District.

5/6

VIVEK KUMAR SINGH, J.

PKN W.P.(MD) No.4928 of 2025 24.02.2025 6/6