G.Mayandi Pillai, v. The Regional Director
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 03.01.2023
CORAM
THE HON'BLE MR.JUSTICE K.KUMARESH BABU W.P(MD)No.9855 of 2014 and M.P(MD) No.1 of 2014 G.Mayandi Pillai ..... Petitioner - Vs1. The Regional Director of Tamil Nadu, Reserve Bank of India, Regional Office, Fort Glacis, P.B.No.40, Rajaji Salai, Chennai - 600 001.
2. The General Manager, State Bank of India, Local Head Office, Circle Top House, 10, College Lane, Chennai - 600 006.
3. The Branch Manager, State Bank of India, Othakkadai Branch, Madurai District.
... Respondents 1/5
PRAYER : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the third respondent to provide opportunity and implement the RBI Circular Vide No. RBI/2007-2008/330 RPCD.No.PLFS.BC.72/05.04.02/ 2007-2008 dated May 23, 2008, called Agricultural Debt Waiver and Debt Relief Scheme, 2008 with regard to the petitioner's loan.
For Petitioner : Mr. D.Anbarasu For Respondents :Mr.G.Radhakrishnan (for R-3) : No appearance (for R-1 and R-2)
ORDER
The present Writ Petition has been filed seeking for a Mandamus directing the third respondent to provide opportunity and implement the RBI Circular Vide No. RBI/2007-2008/330 RPCD.No.PLFS.BC. 72/05.04.02/2007- 2008, dated May 23, 2008 called as Agricultural Debt Waiver and Debt Relief Scheme, 2008 with regard to the petitioner's loan.
2. The case of the petitioner is that he had availed the agricultural loan from the third respondent Bank. The Reserve Bank of India had issued 2/5
a circular in the month of May, 2008 giving the benefit of waiver to the agricultural loan which have been availed under the agricultural Scheme.
3. Pursuant to the same, the petitioner had given a representation to the respondents dated 29.04.2014. The respondents through their advocate had replied to the representation stating that the request of the petitioner could not be accepted by the Bank and that the Bank would initiate legal action, if the petitioner does not close the loan account within fifteen days. Thereafter, the petitioner had made a further representation on 15.05.2014 making the similar request and had filed this writ petition to direct the respondents to consider the implementation of the Scheme.
4. Originally, the petitioner had made a request on 29.04.2014 seeking waiver as per the circular issued by the RBI dated 23.05.2008. The said request had been rejected by the Bank in the reply through their counsel, dated 06.05.2014. The petitioner without challenging the same, again made a similar request on 15.05.2014. When already the request of the petitioner had been rejected, the petitioner cannot continue to make representation seeking similar relief. Hence, the Mandamus as prayed for cannot be issued. 3/5
5. In fine, this Writ petition is dismissed. However, the petitioner is at liberty to challenge the communication of the Bank rejecting his request, if he is so advised. No order as to costs. Consequently, connected Miscellaneous Petition is closed.
03.01.2023 NCS: Yes / No Index :
Yes / No Internet :
Yes / No ebsi To
1. The Regional Director of Tamil Nadu, Reserve Bank of India, Regional Office, Fort Glacis, P.B.No.40, Rajaji Salai, Chennai - 600 001.
2. The General Manager, State Bank of India, Local Head Office, Circle Top House, 10, College Lane, Chennai - 600 006.
3. The Branch Manager, State Bank of India, Othakkadai Branch, Madurai District.
4/5
K.KUMARESH BABU, J.
ebsi Order made in W.P(MD)No.9855 of 2014 03.01.2023 5/5