Madras High CourtWP(MD)/19251/2020dismissed

Maharajan. R v. The Governor

2023-10-09Honourable Mr Justice N. Anand Venkatesh4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED :09.10.2023

CORAM

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH Maharajan. R, ... Petitioner Vs

1. The Governor, Reserve Bank of India, Free Press House, 1st Floor, No.215, Nariman Point, Mumbai..

2. The Senior Manager,, Hdfc Bank,Hdfc House, Ht -Parekh Marg, 165-166, Backbay Reclamation, Dindigul District..

3. The Branch Manager,, Hdfc Bank, Dindigul Branch, Dindigul.. ... Respondents PRAYER : Petition filed under Article 226 of the Constitution of India praying for issuance of Writ of Mandamus, directing the respondents to top up the petitioners loan in Loan No. ACCTS PRELET/830706 from the housing develop Corporation within a time frame fixed by this Court based on his representation dated 29.07.2020.

For Petitioner :Mr.Senguttouarasan. P For Respondents :No appearance

O R D E R

This writ petition has been filed for the issue of a writ of mandamus directing the respondents to top up the loan of the petitioner based on the representation dated 29.07.2020.

2. Heard the learned counsel for the petitioner.

3. The case of the petitioner is that he is doing milk business and he had borrowed housing loan from the third respondent. According to the petitioner, he had sought for additional loan amount from the third respondent in order to expand his business and in order to counter the loss that was suffered by the petitioner during the COVID-19 pandemic, the petitioner made a representation in this regard to the respondent bank. Since the same was not considered, the present writ petition has been filed for the aforesaid relief.

4. In the considered view of this court, the petitioner does not have any legal right to seek for any additional loan. In the absence of any legal right and a corresponding legal duty, this Court cannot issue a writ of mandamus. This Court does not find any merit in this writ petition. Accordingly, this writ petition stands dismissed. No costs. 09.10.2023 NCC :Yes/No Index :Yes/No RR

N.ANAND VENKATESH, J.

RR W.P.(MD)No.19251 of 2020 09.10.2023