T.Balakrishnan, v. Secretary To Govt.,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 01.08.2018 CORAM :

THE HONOURABLE MR.JUSTICE M.S.RAMESH W.P.(MD)No.16977 of 2018 and W.M.P.(MD)No.14958 of 2018 T.Balakrishnan : Petitioner Vs.

1. The Secretary to Government, Higher Education Bureau, Ministry of Human Resources Department, Government of India, New Delhi.

2. The Principal Grievance Redressal Officer /Chief General Manager, SP & D Wing, Canara Bank Head Office, Begaluru-560 002.

3. The General Manager, Priority Credit Wing, Canara Bank Head Office, 112, JC Road, Bengaluru-560 002.

4. The Assistant General Manager, Canara Bank, Grand Central, Madurai.

5. The Manager (Loans), Canara Bank, Grand Central, Madurai-625 001.

:Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus, to consider the representation of the petitioner on 24.09.2014 in person and the reminder on 29.07.2018 within the time framed by this Court and consequently direct the respondent Bank to remit back the subsidy amount given by the Finance Ministry of India vide Central Sector Interest Subsidy (CSIS) Scheme 2014.

For Petitioner : Mr.K.Muthuganesa pandian For R1 : Mr.K.R.Laxman, CGSC For R2 to R5 : Mr.Jawaher Ravindran

ORDER

https://hcservices.ecourts.gov.in/hcservices/ Mr.K.R.Laxman, Central Government Standing Counsel takes notice for the first respondent and Mr.Jawaher Ravindran, learned counsel

takes notice for R2 to R5.

2.By consent of both parties, this Writ Petition is taken up for final disposal at the stage of admission itself. 3.The grievance of the petitioner that his representation dated 24.09.2014 seeking to remit back the subsidy amount given by the Finance Ministry of India vide Central Sector Interest Subsidy (CSIS) Scheme 2014., has not been considered by the respondents till date and therefore, he has filed the present Writ Petition. 4.This Court has not expressed any of its view with regard to the merits of the representation made by the petitioner. It is needless to point out that whenever a representation of this nature is made, the respondents are duty bound to consider the same in one way or the other.

Non-consideration of the same would amount to dereliction of ordinary duties of their office and as such, this Court would be justified in invoking its powers conferred under Article 226 of the Constitution of India to direct them to consider the petitioner's representation within a stipulated time. 5.In view of the limited prayer sought for in this Writ Petition, there shall be a direction to the first respondent to consider the petitioner's representation dated 24.09.2014 on its own merits and take further action in accordance with law, within a period of two weeks from the date of receipt of a copy of this order. Such an exercise shall be done after giving due opportunity to the petitioner as well as the R2 to R5 and also any other persons who may be interested in the subject matter.

6.With the above directions, this Writ Petition is disposed of. Consequently, connected Miscellaneous Petition is closed. No costs. Sd/- Assistant Registrar (T&P) /True Copy/ Sub Assistant Registrar(CS-III) To The Secretary to Government, Higher Education Bureau, Ministry of Human Resources Department, Government of India, New Delhi.

+ 1 CC TO Mr.K.MUTHU GANESA PANDINA, ADVOCATE IN SR No. 76885 + 1 CC TO Mr.C.JAWAHAR RAVINDRAN, ADVOCATE IN SR No. 76110 + 1 CC TO Mr.K.R.LAXMAN, ADVOCATE IN SR No. 77162 KSA TE/JM/SV/SAR-3 : 12/09/2018 : 2P/5C W.P.(MD)No.16977 of 2018 01.08.2018 https://hcservices.ecourts.gov.in/hcservices/