← Library
Madras High CourtWP(MD)/16179/2017disposed of

Mr.M.Muthukumar, v. The Deputy Collector /District

2018-07-25Honourable Mr Justice M.S. Ramesh2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 25.07.2018

CORAM:

THE HONOURABLE MR.JUSTICE M.S.RAMESH W.P.(MD) No.16179 of 2017 M.Muthukumar ... Petitioner vs

1. The Deputy Collector / District Manager, Tamil Nadu Adi Dravida Housing & Development Corporation, (TAHDCO), Madurai - 625 020, Madurai District.

2. The Branch Manager, State Bank of India, Melur Branch, Melur, Madurai District.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the second respondent to take immediate action for the disbursement of loan based on the proposal sent by the first respondent in her proceedings in Naka No.TAHDCO-2016-2017EDP-MD-135, dated 27.01.2017, within a time frame as fixed by this Court. For Petitioner : Mr.B.Prahalad Ravi For R1 : No appearance For R2 : Mr.S.Sethuraman

ORDER

By consent of both parties, this writ petition is taken up for final disposal at the stage of admission itself. 2.It is the grievance of the petitioner that his representation dated 05.12.2016 seeking for a loan for financial assistance to start business, has been considered by the first respondent and passed an order dated 27.01.2017, directed the second respondent to consider the petitioner's representation and pass orders within a period of 15 days. The said order has not been complied with by the second respondent till date and therefore, has filed the present writ petition. 3.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 https://hcservices.ecourts.gov.in/hcservices/

nature is made, the respondents are duty bound to consider the same in one way or other. Non consideration of the same would amount to dereliction of their ordinary duties of their office and as such this Court would be justified in invoking its powers under Article 226 of the Constitution of India to direct them to consider the petitioner's representation within a stipulated time. 4.In view of the limited prayer sought for in this writ petition, there shall be a direction to the second respondent to consider the petitioner's representation dated 05.12.2016 in the light of the order passed by the first respondent dated 27.01.2017 on its own merits and take further action in accordance with law, within a period of four weeks from the date of receipt of a copy of this order.

5.With the above direction, this writ petition is disposed of. No costs.

Sd/- Assistant Registrar(T&P) /True Copy/ Sub Assistant Registrar(CS-IV) To The Deputy Collector / District Manager, Tamil Nadu Adi Dravida Housing & Development Corporation, (TAHDCO), Madurai - 625 020, Madurai District.

+1cc to Mr.B.Prahalad Ravi, Advocate Sr.No.75414 +1cc to Mr.S.Sethuraman, Advocate Sr.No.75466 MM VB/MMS/SAR4/06.08.2018/2P/4C W.P.(MD) No.16179 of 2017 25.07.2018 https://hcservices.ecourts.gov.in/hcservices/