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Madras High CourtWP(MD)/13702/2015disposed of

Pushpakaladevi v. The Zonal Manager

2017-12-05Honourable Mr Justice R. Mahadevan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 05.12.2017

CORAM:

THE HONOURABLE MR.JUSTICE R.MAHADEVAN W.P(MD)No.13702 of 2015 Pushpakala Devi ... Petitioner Vs.

1.The Zonal Officer, Indian Bank, No.100/101, East Avani Moola Street, Madurai.

2.The Branch Manager, Indian Bank, Okkur Branch, No.4/44A, Sivagangai Road, Okkur Post, Sivagangai District.

3.The Medical Council of India, Rep.by its Secretary, Sector - VIII, Pocket -14, Dwaraka, New Delhi.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a writ of Mandamus to direct the respondents to provide Rs.20,00,000/- (Rupees Twently Lakhs Only) towards the educational loan to the petitioner's son namely, Sasikanth, S/O.Chakkaravarthy, who is pursuing his MD-Physician at Yerevan State Medical University After Mkhither Heratsi, Republic of Armenia.

For Petitioner : Mr.N.Sathish Babu For Respondents 1 & 2 : Mr.S.Devaraj For Respondent 3 :Mr.V.P.Raman

ORDER

This writ petition has been filed, seeking a writ of Mandamus to direct the respondents to provide Rs.20,00,000/- (Rupees Twently Lakhs Only) towards the educational loan to the petitioner's son namely, Sasikanth, S/O.Chakkaravarthy, who is pursuing his MD-Physician at Yerevan State Medical University After Mkhither Heratsi, Republic of Armenia.

2.Heard both sides.

3.By consent, the writ petition is taken up for final disposal at the stage of admission itself.

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4.The learned counsel for the petitioner would submit that the petitioner has applied educational loan for a sum of Rs. 20,00,000/- for her son, before the second respondent with all the required documents. Despite several efforts were taken by the petitioner, no loan was sanctioned. Hence, WP(MD)No.11010 of 2014, came to be filed, wherein, this Court by order dated 19.08.2014 directed the bank to consider the petitioner's application on merits. Subsequently, the petitioner approached the bank and all the steps taken by the petitioner ended in vain. Hence, the petitioner is before this Court.

5. It is further submitted by the learned Counsel for the petitioner that already a period of three years is over and hence, he confines his claim, for sanctioning of a sum of Rs.10,00,000/-, for which, the learned counsel appearing for the respondents 1 and 2 submitted that the claim of the petitioner would be considered on merits, within the time stipulated by this Court.

6.Considering the limited scope of the relief sought in this writ petition, this Court, without going into the merits of the case, directs the petitioner to submit a fresh loan application along with all the required documents to the respondents within a period of two weeks from the date of receipt of a copy of this order and on such application is submitted, the respondents are directed to consider the loan application of the petitioner and pass appropriate orders, on merits and in accordance with law, after affording due opportunity of hearing to the petitioner as well as all the interested parties, if any, within a period of four weeks therefrom.

7. The writ petition is disposed of as above. No costs. Sd/- Assistant Registrar(Crl.Side) /True Copy/ Sub Assistant Registrar To 1.The Zonal Officer, Indian Bank, No.100/101, East Avani Moola Street, Madurai. 2.The Branch Manager, Indian Bank,Okkur Branch, No.4/44A, Sivagangai Road, Okkur Post, Sivagangai District. 3.The Secretary, Medical Council of India, Sector - VIII, Pocket -14,Dwaraka, New Delhi. +1CC to Mr.V.Sathish Babu, Advocate, SR.No. 91021 +1CC to Mr.V.P.Raman, Advocate, SR.No. 91236 +1CC to Mr.S.Devaraj, Advocate, SR.No. 91048 ORDER MADE IN W.P(MD)No.13702 of 2015 05.12.2017 dsk AM/SV MMMS/SAR 4/18.12.2017/2P/7C https://hcservices.ecourts.gov.in/hcservices/