S. Hemalatha Susmitha v. The Branch Manager

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 27.02.2025

CORAM:

THE HONOURABLE MR.JUSTICE VIVEK KUMAR SINGH S.Hemalatha Susmitha ... Petitioner -vsThe Branch Manager, Indian Bank, Paramakudi, Ramanathapuram District.

... Respondent PRAYER: Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondent to give education loan for a sum of Rs.3,50,000/- to the petitioner for the course of B.Tech. (C.S.B.S.) on the basis of the representation made by the petitioner, dated 07.12.2024, within a time stipulated by this Court.

For Petitioner : Ms.J.Balameenakshi For Respondent : Mr.C.Karthick Standing Counsel

ORDER

This Writ Petition has been filed seeking a direction to the respondent to give education loan for a sum of Rs.3,50,000/- to the petitioner for the course of B.Tech. (C.S.B.S.) on the basis of the representation made by the petitioner, dated 07.12.2024, within a time stipulated by this Court.

2. By consent, this Writ Petition is disposed of, at the admission stage itself.

3. The petitioner claims that due to financial crisis, she is unable to pay the fees. Hence, she approached the respondent bank on several occasions, seeking an education loan and finally, sent a representation dated 07.12.2024. Since no action has been taken, the petitioner has now filed the present writ petition

4. Heard both sides.

5. 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.

6. In the light of the above observations, there shall be a direction to the respondent herein to consider the petitioner's representation dated 07.12.2024, on its own merits and pass appropriate orders in accordance with law, after giving due opportunity to the petitioner, within a period of two months 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 respondent to consider the same on its own merits.

7. With the above directions, the Writ Petition stands disposed of. There shall be no order as to costs.

NCC : Yes / No 27.02.2025 Index : Yes / No smn2

To:- The Branch Manager, Indian Bank, Paramakudi, Ramanathapuram District.

VIVEK KUMAR SINGH , J.

smn2 27.02.2025