A. Ganesan v. The Zonal Manager

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 20.03.2025

CORAM:

THE HONOURABLE MR.JUSTICE VIVEK KUMAR SINGH A.Ganesan ... Petitioner -vs1.The Zonal Manager, Canara Bank, Zonal Office, Madurai - 16.

2.The Senior Manager, Canara Bank, Gnanaolivupuram Branch, Madurai - 16.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, for issuance of a Writ of Mandamus, directing the respondents to sanction the Educational Loan amount of Rs.40,50,000/- for the petitioner's son namely, G.Nithayasanjai, who studying MBBS course in Dhanalakshmi Srinivasan Medical College, Perambalur, for the period from 2022-2027, by considering the petitioner's representation dated 27.02.2025, within the time stipulated by this Court.

For Petitioner : Mr.K.Sudalaiyandi For Respondents : Mr.P.Pethu Rajesh Standing Counsel

ORDER

This Writ Petition has been filed seeking a direction to the respondents to sanction the Educational Loan amount of Rs.40,50,000/- for the petitioner's son namely, G.Nithayasanjai, who studying MBBS course in Dhanalakshmi Srinivasan Medical College, Perambalur, for the period from 2022-2027, by considering the petitioner's representation dated 27.02.2025. .

2. By consent, this Writ Petition is taken up for final disposal at the admission stage itself.

3. Seeking to sanction an educational loan for his son, namely, G.Nithayasanjai, who is studying MBBS Course at Dhanalakshmi Srinivasan Medical College, Perambalur, the petitioner submitted a representation on 27.02.2025 to the respondents. Since the representation has not been considered so far, the petitioner has 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 second respondent herein to consider the petitioner's representation dated 27.02.2025, on its own merits and pass appropriate orders in accordance with law, after giving due opportunity to the petitioner, within a period of one month 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 second 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 20.03.2025 Index : Yes / No smn2 To 1.The Zonal Manager, Canara Bank, Zonal Office, Madurai - 16.

2.The Senior Manager, Canara Bank, Gnanaolivupuram Branch, Madurai - 16.

VIVEK KUMAR SINGH , J.

smn2 20.03.2025