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Madras High CourtWP(MD)/16516/2019disposed of

Sevugaperumal v. The Branch Manager

2019-07-25Honourable Mr Justice R. Suresh Kumar2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 25.07.2019

CORAM

THE HON'BLE MR.JUSTICE R.SURESH KUMAR W.P.(MD)No.16516 of 2019 Sevugaperumal ... Petitioner -VsThe Branch Manager, Indian Overseas Bank, Shanmugananthapuram Branch, Sivagangai District.

... Respondent Prayer: Writ Petition - filed under Article 226 of Constitution of India, to issue a writ of Mandamus, directing the respondent to furnish Agriculture Loan Application for the petitioner and consequently direct the respondent to consider and grant Agriculture Loan to the petitioner as per banking norms within the period that may be stipulated by this Court.

For Petitioner : Mr.RM.Arun Swaminathan For Respondent : Mr.N.Dilip Kumar

ORDER

The prayer in this writ petition is for a Writ of Mandamus, directing the respondent to furnish Agriculture Loan Application for the petitioner and consequently direct the respondent to consider and grant Agriculture Loan to the petitioner as per banking norms within the period that may be stipulated by this Court. 2.Heard Mr.RM.Arun Swaminathan, learned counsel appearing for the petitioner and Mr.N.Dilip Kumar, learned standing counsel appearing for the respondent.

3.It is the grievance of the petitioner that the petitioner though approached the respondent bank to avail an agriculture loan, even the format application, which is required to be filled up and to be given to the respondent has not been supplied by the respondent bank. Therefore, the petitioner is before this Court. 4.However, the learned standing counsel appearing for the respondent bank, on instructions, would submit that, there is no record to show that the petitioner has approached the bank to avail a loan. If at all, the petitioner wants to avail the loan, let him approach the respondent bank and give a request, based on which, the https://hcservices.ecourts.gov.in/hcservices/

format application would be given and once the format application is filled up and submitted to the bank, on consideration of the application as well as the eligibility of the petitioner, the bank will take a decision and sanction the loan, within a time frame. 5.Considering the said submission made by both sides, with the consent of both the parties, this Court is inclined to dispose of this writ petition, at the admission stage itself, with the following direction:

"The petitioner can approach the respondent bank immediately and give a formal request to the bank and on receipt of the same, the bank can supply the format application to the petitioner and once, format application is filled up and filed before the bank with necessary documents, based on the eligibility of the petitioner and after scrutinizing the said format application, the bank will decide the sanction of agriculture loan, within a period of three weeks thereafter."

6.With this direction, this writ petition is disposed of. No costs.

Sd/- Assistant Registrar (CS-II) // True Copy // Sub Assistant Registrar +1 CC to M/s.R.M.ARUN SWAMINATHAN, Advocate ( SR-77509[F] dated 25/07/2019 ) +1 CC to M/s.N.DILIPKUMAR, Advocate ( SR-78012[F] dated 26/07/2019 ) Order made in W.P.(MD)No.16516 of 2019 Dated:25.07.2019 Arul MS/09.09.2019/2P.3C https://hcservices.ecourts.gov.in/hcservices/