C.Prince Kumar v. The Regional Director

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 06.11.2024

CORAM:

THE HONOURABLE MR.JUSTICE M.S.RAMESH and THE HONOURABLE DR.JUSTICE A.D.MARIA CLETE and W.M.P.[Md]No.22498 of 2024 C.Prince Kumar : Petitioner Vs.

1.The Regional Director, Reserve Bank of India, Fort Glacis, 16, Rajaji Salai, Chennai - 600 001.

2.The Deputy General Manager, State Bank of India, Administrative Office, Zone - I, 231, NSC Bose Road, Chennai.

3.The Regional Manager, State Bank of India, RBO 5, 24, G.K.N Building, 1/7

North Car Street, Nagercoil, Kanyakumari District - 629 001.

4.State Bank of India, Kumarankudy Branch, Door No.36-A, Thengankuzhivilai, Kumarankudy, Chenkody, Kanyakumari District.

: Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying for a Writ of Mandamus, directing the second and third respondents to pass appropriate orders directing the fourth respondent bank, to continue its banking business at Kumanrankudy Village or Mecode Village, in Thiruvattar Taluk, Kanyakumari District and render banking services to the residents / villagers for the welfare of the people in nearby villages of Thiruvattar Taluk, Kanyakumari District by passing orders on the representation of the villagers dated 05.03.2024, 03.06.2024 and 11.07.2024 within a time frame as may be fixed by this Court. For Petitioner : Mr.S.R.Sathan Boopathy For Respondents : Mr.N.Dilip Kumar Standing Counsel 2/7

O R D E R

************ [Order of the Court was made by M.S.RAMESH, J.] By consent of both sides, the writ petition itself is taken up for final disposal at the stage of admission itself. 2.This writ petition has been filed for a Mandamus to direct the second and third respondents to pass appropriate orders directing the fourth respondent bank, to continue its banking business at Kumanrankudy Village or Mecode Village, in Thiruvattar Taluk, Kanyakumari District and render banking services to the residents / villagers for the welfare of the people in nearby villages of Thiruvattar Taluk, Kanyakumari District by passing orders on the representation of the villagers dated 05.03.2024, 03.06.2024 and 11.07.2024, within a time frame as may be fixed by this Court.

3.The petitioner herein had given various representations to the respondents on 05.03.2024, 03.06.2024 and 11.07.2024 in this regard. Since the said representations were not considered, the present Writ Petition has been filed.

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4.It is needless to point out that whenever a representation of this nature is made to a Statutory Authority, there is a duty cast upon him to consider the same on its own merits and pass appropriate orders in one way or other, instead of keeping the same pending indefinitely. As such, non-consideration of the representation by the Statutory Authority would amount to dereliction of duty and hence, this Court will be justified in invoking its extraordinary powers under Article 226 of the Constitution of the India and direct them to consider the same within a stipulated time.

5.In the light of the above observations, there shall be a direction to the third respondent herein to consider the petitioner's representations dated 05.03.2024, 03.06.2024 and 11.07.2024, on its own merits and pass appropriate orders in accordance with law, within a period of two [2] weeks from the date of receipt of a copy of this order. It is made clear that this Court has not expressed any of its views with regard to the merits of the matter and that it is open to the concerned respondents to consider the same on its own merits.

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6.With the above direction, this Writ Petition stands disposed of. There shall be no order as to costs. Consequently, the connected miscellaneous petition is closed.

[M.S.R.,J.] & [A.D.M.C.,J.] 06.11.2024 Index : Yes/No Internet : Yes/No MR 5/7

To 1.The Regional Director, Reserve Bank of India, Fort Glacis, 16, Rajaji Salai, Chennai - 600 001.

2.The Deputy General Manager, State Bank of India, Administrative Office, Zone - I, 231, NSC Bose Road, Chennai.

3.The Regional Manager, State Bank of India, RBO 5, 24, G.K.N Building, North Car Street, Nagercoil, Kanyakumari District - 629 001.

4.State Bank of India, Kumarankudy Branch, Door No.36-A, Thengankuzhivilai, Kumarankudy, Chenkody, Kanyakumari District.

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M.S.RAMESH, J.

and A.D.MARIA CLETE, J.

MR ORDER MADE IN 06.11.2024 7/7