N.Tamilvanan, v. The Branch Manager,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 16.08.2018

CORAM:

THE HONOURABLE MR.JUSTICE V.PARTHIBAN W.P.(MD) No.17973 of 2018 N.Tamilvanan ... Petitioner vs.

The Branch Manager State Bank of India Peravurani Branch M.M.Building Peravurani Thanjavur District ... Respondent PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of writ of mandamus directing the respondent to grant educational loan to the petitioner's daughter by name Nidhusri studying 2nd year B.Tech., in Food Processing Engineering at Indian Institute of Food Processing Technology, Thanjavur, which is affiliated under the Ministry of Food Processing Industries, Government of India, pursuant to the Educational loan application dated 18.12.2017.

For Petitioner :

Mr.D.R.Murugesan For Respondent :

Mr.M.Saravanakumar

O R D E R

The petitioner's daughter has completed her Higher Secondary Examination during March, 2017 and secured 1034 Marks out of 1200 Marks. The petitioner belongs to Schedule Caste Community. On passing Higher Secondary Examination, the petitioner's daughter opted B.Tech (Food Processing Engineering) Course, in Indian Institute of Food Processing Technology, Thanjavur and she had also joined the course on 13.07.2017. On her joining the course, full academic fees for the first year, as stipulated by the Institute, was paid by the petitioner.

2. According to the petitioner, it would be very difficult for him to pay the fees for the remaining academic years due to his poor financial background and therefore, he approached the respondent - Bank for grant of educational loan. In this regard, a loan application was submitted on 18.12.2017. Thereafter, the petitioner was advised to open a Bank account in the name of his daughter and in spite of complying with the said advise, no action has been taken for grant of educational loan. According to the petitioner, the Regional Manager of the respondent - Bank has already recommended for disbursement of the educational loan as early as on 26.12.2017. However, despite the recommendation, sofar the loan has not been approved. Hence, the petitioner is before this Court seeking for https://hcservices.ecourts.gov.in/hcservices/

issuance of a writ of mandamus.

3. Considering the scope of prayer as sought in this writ petition, this Court issues the following directions, for which there cannot be any legitimate objection from the respondent side: i.

The respondent is directed to consider the loan application submitted by the petitioner and pass final orders on merits and in accordance with law, within a period of four weeks from the date of receipt of a copy of this order and communicate the same to the petitioner forthwith.

ii. While taking a decision, the respondent is directed to consider the loan application sympathetically with reference to the financial and community status of the petitioner.

4. With the above directions, the writ petition is disposed of. No costs.

Sd/ Assistant Registrar (AE) /True copy/ Sub Assistant Registrar (CS-IV) To The Branch Manager, State Bank of India, Peravurani Branch, M.M.Building, Peravurani, Thanjavur District.

+1cc to Mr.D.R.Murugesan, Advocate, SR.No.79039 +2cc to Mr.M.Saravanakumar, Advocate, SR.No.79246,79070 W.P.(MD) No.17973 of 2018 16.08.2018 KRK KK/SKN/20.08.2018/SAR-4/2P-5C https://hcservices.ecourts.gov.in/hcservices/