Ilango.M v. The Assistant General Manager

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 30.11.2023 CORAM :

THE HONOURABLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE and THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI and W.M.P(MD)No.21835 of 2023 M.Ilango ... Petitioner Vs.

1.The Assistant General Manager, Canara Bank, Regional Office, No.585, First Floor, Priyanka Complex, Near Aravind Eye Hospital, Periyakulam Road, Theni - 625 531, Theni District.

2.The Branch Manager, Canara Bank, Cumbum, Theni - 625 516, Theni District.

3.The Secretary(FS), Department of Financial Services, Ministry of Finance, Door No.6A, 3rd Floor, Jeevan Deep Building, Sansad Marg, New Delhi - 110001.

4.The Governor, Reserve Bank of India, 18th Floor, Central Office Building, Shahid Bhagar Singh Road, Mumbai - 400 001, State of Maharashtra.

... Respondents

PRAYER : Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus directing the respondents 1 to 4 to consider the representation dated 12.10.2023 submitted by the petitioner for seeking waiver of the agricultural loan in the light of the Agricultural Debt Waiver and Debt Relief Scheme (ADWDRS), 2008 which was not implemented in his case.

For Petitioner : Mr.S.P.Srinivasan For R-1 & R-2 : Mr.C.Karthik For R-3 & R-4 : Mr.VB.Sundareshwar, Central Government Standing Counsel

ORDER

[Order of the Court was made by The Hon'ble CHIEF JUSTICE] Heard the learned counsel appearing on either side.

2. The learned counsel for the petitioner submits that the petitioner is a small farmer. He is entitled to the waiver of entire loan. He relies upon the Agricultural Debt Waiver and Debt Relief Scheme (ADWDRS), 2008.

3. There no dispute with regard to the nature of the loan. It would be appropriate if the petitioner approaches the Banking Ombudsmen in this regard.

4. If the petitioner approaches the Banking Ombudsmen, the Banking Ombudsmen, shall consider the grievance of the petitioner and take a decision in accordance with the Scheme, expeditiously.

5. The writ petition is accordingly, disposed of. No Costs. Consequently, connected Miscellaneous Petition is closed. [S.V.G., C.J.] [L.V.G., J.] 30.11.2023 Index : Yes / No PM

THE HONOURABLE CHIEF JUSTICE and L.VICTORIA GOWRI , J.

PM 30.11.2023