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Madras High CourtWP(MD)/12847/2019disposed of

M.Suruthi v. The Branch Manager

2019-06-19Honourable Mr Justice R. Suresh Kumar3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 19.06.2019

CORAM:

THE HONOURABLE MR.JUSTICE R.SURESH KUMAR W.P.(MD)No.12847 of 2019 M.Suruthi ... Petitioner Vs.

The Branch Manager Indian Bank Kasangadu Thanjavur District.

... Respondent PRAYER : Writ Petition is filed under Article 226 of the Constitution of India to issue a Writ of Mandamus to direct the respondent Bank to forthwith sanction the education loan amount to the petitioner as to continue her studies on the basis of the representation dated 03.05.2019.

For Petitioner : Mr.B.Jameelarasu For Respondents : Mr.Pala Ramasamy

ORDER

The prayer in the writ petition is for a Writ of Mandamus to direct the respondent Bank to consider the petitioner's representation dated 03.05.2019 for sanction of educational loan.

2. Heard the learned counsel for the petitioner and the learned standing counsel for the respondent Bank.

3. The petitioner, in order to get educational loan for the course she has already joined, ie., B.Sc., Optometry, (Eye specialization), has made an application online and a representation followed by that also had been given by her on 03.05.2019 to the respondent Bank. Since no response has come from the respondent Bank, the petitioner has filed the present writ petition.

4. On notice, the learned standing counsel appearing for the respondent Bank has filed typed set of documents, where he relied upon a letter issued by the Bank on 27.05.2019, which reads thus:

"Dear Madam, Sub: Your request letter (dated 03/05/2019) for educational loan from our bank - reg.

With reference to the above, I would like to acknowledge you that your letter has been received by me. Please visit our branch with necessary documents and certificates that will help us to look into your eligibility criteria required for the loan (Education loan) that you have requested from out bank and I have to inform you that we couldn't found any copy of the aforementioned online educational loan application attached with your letter. Please bring that application form along with hardcopy of other documents while visiting the branch."

5. By relying upon the said letter, the learned standing counsel for the bank submitted that, if the petitioner submits the relevant documents by approaching before the Branch Manager of the Bank, certainly, the application of the petitioner would be processed and a decision would be taken thereon. When a specific question was asked to the learned standing counsel as to what are all the documents required by the Bank, the learned counsel submitted that the following documents are required: (a) bonafide certificate issued by the Institute; (b) Income Certificate issued by the concerned authority and (c) Educational qualification (mark statement and certificates to that effect).

If these documents are produced to the respondent Bank, certainly, the application of the petitioner would be processed and necessary orders for sanctioning the loan would be passed within a shortest possible time, he submitted.

6. However, the learned counsel for the petitioner submitted that, those documents required now by the Bank, as submitted by the learned counsel for the respondent Bank, has already been submitted to the respondent Bank.

7. Be that as it may, in view of the letter now issued on 27.05.2019 by the respondent Bank and in view of the submissions made by the learned counsel for the respondent Bank, let the petitioner once again submit those documents to the respondent Bank within a period of one week from the date of receipt of a copy of this order.

8. On such receipt of documents from the petitioner, the respondent Bank shall process the same and sanction the educational loan to the petitioner to the extent, it is required for paying the tuition fee and other fees payable to the Institution concerned, where she joined the course. The needful indicated above shall be completed by the respondent Bank within a period of two weeks thereafter.

9. With these directions, the writ petition is disposed of. No costs.

Sd/- Assistant Registrar (CO) / True Copy / Sub Assistant Registrar(CS- ) RR To The Branch Manager Indian Bank Kasangadu Thanjavur District.

+1 CC to M/s.PALA.RAMASAMY, Advocate(SR-69846[F] dated 19/06/2019) +1 CC to M/s.B.JAMEEL ARASU,Advocate(SR-70202[F] dated 20/06/2019) W.P.(MD)No.12847 of 2019 19.06.2019 ES/03.07.2019/3P/4C