S. Thirupparkadal v. The Branch Manager

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 28.02.2025

CORAM:

THE HONOURABLE MR.JUSTICE VIVEK KUMAR SINGH S.Thirupparkadal ... Petitioner -vsThe Branch Manager, State Bank of India, Sri Vaikundam Branch, Sri Vaikundam, Thoothukudi District.

... Respondent PRAYER: Writ Petition filed under Article 226 of the Constitution of India, for issuance of a Writ of Mandamus, directing the respondent to disburse an educational loan of Rs.15 lakhs to the petitioner's son T.Avinash Durai, who is studying in the 4th year of the Bachelor of Dental Surgery (BDS) Program at Rajas Dental College and Hospital, Kaval Kinaru Junction, Tirunelveli District, by considering his application dated 25.10.2024, within the period stipulated by this Court.

For Petitioner : Mr.N.Sathish Babu For Respondent : Mr.M.Ponniah Standing Counsel

ORDER

This Writ Petition has been filed seeking a direction to the respondent to disburse an educational loan of Rs.15 lakhs to the petitioner's son T.Avinash Durai, who is studying in the 4th year of the Bachelor of Dental Surgery (BDS) Program at Rajas Dental College and Hospital, Kaval Kinaru Junction, Tirunelveli District, by considering his application dated 25.10.2024.

2. With the consent of both sides, this Writ Petition is disposed of, at the admission stage itself.

3. The petitioner alleges that the respondent Bank is unnecessarily delaying the disbursement of the educational loan, despite the petitioner having complied with all the requirements. In October 2024, the petitioner once again approached the respondent Bank requesting the disbursement of the educational loan for his son's education. However, as of today, the respondent has not taken any positive steps to process the petitioner's request. Therefore, the petitioner has filed the present writ petition.

4. The learned Standing Counsel appearing for the respondent submits that the respondent Bank had issued a communication dated 10.05.2023, directing the petitioner to rectify the queries raised by the Bank and to re-submit the proposal. However, the petitioner has not complied with the said request. The learned Standing Counsel further submits that if the petitioner rectifies the queries raised by the respondent Bank, the petitioner's request will be considered on merits and appropriate orders will be passed in accordance with law, within a time frame to be fixed by this Court.

5. Heard both sides.

6. In the light of the above submissions, there shall be a direction to the petitioner to rectify the queries raised by the respondent Bank in its communication dated 10.05.2023 and resubmit the proposal within a period of one month from the date of receipt of a copy of this order. Upon re-submission of the proposal, the respondent Bank is directed to consider the same without taking into account the delay in the submission of the proposal and pass appropriate orders on merits and in accordance with law, within a period of one month thereafter. It is also made clear that this Court has not expressed any opinion on

the merits of the matter and it is open to the respondent Bank 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 28.02.2025 Index : Yes / No smn2 To The Branch Manager, State Bank of India, Sri Vaikundam Branch, Sri Vaikundam, Thoothukudi District.

VIVEK KUMAR SINGH , J.

smn2 28.02.2025