Subramaniyan v. The Branch Manager

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 10.07.2018

CORAM:

THE HONOURABLE MR.JUSTICE M.S.RAMESH W.P.(MD) No.14724 of 2018 and W.M.P (MD) No.13256 of 2018 Subramaniyan ... Petitioner vs.

The Branch Manager Canara Bank Vannarpettai Branch, No.103, North Bye Road TKT, Chellammal Square Vannarpettai Tirunelveli District ... Respondent PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the respondent to receive the amount at nominal rate of interest from the petitioner and and return the jewels .

For Petitioner : Mr.R.Senthil Kumar For Respondent : Mr.Jawahar Ravindran

O R D E R

By consent of both parties, this writ petition is taken up for final disposal at the stage of admission itself. 2.The grievance of the petitioner is that he is unable to pay the interest demanded by the respondent in connection with the jewel loan availed by him.

3.The present writ petition has been filed seeking for a direction to the respondent to permit him to repay the loan amount with a nominal rate of interest.

4.In my view, such a decision can be taken only by the respondent since there is no provision which entitles the petitioner to pay the nominal rate of interest. Neverthless, if the petitioner is granted liberty to approach the respondent herein seeking for payment with nominal rate of interest, the ends of justice would be met.

5.In the light of the above observation, the petitioner is granted liberty to approach the respondent herein with a representation ventilating his grievance and on receipt of such https://hcservices.ecourts.gov.in/hcservices/

representation, the respondent herein shall consider the same on its own merits and pass appropriate orders within a period of two weeks from the date of receipt of a copy of such representation.

6. With the above direction, this writ petition is ordered. No costs. Consequently connected miscellaneous petition is closed. Sd/ Assistant Registrar(AS) /True copy/ Sub Assistant Registrar TO +1cc to Mr.C.JAWAHAR RAVINDRAN, Advocate, SR.No.72448 +1cc to Mr.R.SENTHIL KUMAR, Advocate, SR.No. 71883 W.P.(MD) No.14724 of 2018 and W.M.P (MD) No.13256 of 2018 10.07.2018 AAV KK/RP/SAR-2/19.07.2018/2P-3C/ https://hcservices.ecourts.gov.in/hcservices/