M.Jayaram, v. The District Collector,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 24.11.2017

CORAM:

THE HONOURABLE MR.JUSTICE R.MAHADEVAN W.P(MD) No.5389 of 2013 M.Jayaram ... Petitioner -vs1. The District Collector, Theni District, Theni.

2. The Lead District Manager, Canara Bank, Theni, Theni District.

3. The Branch Manager, Canara Bank, Cumbum Branch, NCM Building, Main Road, Cumbum, Theni District.

... Respondents PRAYER:

Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the 3rd respondent herein to waive the petitioner's farm development loan amount in his Account No.1005887020611 based on his disabled condition by considering his representation dated 31.12.2012. For Petitioner : Mr.P.Mahendran For R1 & R2 : Mr.J.Gunaseelan Muthiah Government Advocate For R3 : Mr.N.Sundararajan Standing Counsel.

O R D E R

This writ petition has been filed seeking direction to the third respondent to waive the petitioner's farm development loan amount in his Account No.1005887020611, based on his disabled condition, by considering his representation dated 31.12.2012. 2.Heard the learned counsel appearing for the petitioner, the learned Government Advocate for the respondents 1 and 2 and the learned Standing Counsel appearing for the third respondent. https://hcservices.ecourts.gov.in/hcservices/

3.The case of the petitioner is that he has availed agriculture loan from the third respondent bank to develop his farm and subsequently he is not in a position to repay the loan amount. Hence, he made a representation dated 31.12.2012 to the respondents seeking to waive the loan amount in Account No.1005887020611. Since the same has not been considered so far by the respondents, the petitioner is before this Court with the above mentioned prayer. 4.The learned counsel appearing for the third respondent, on instructions, fairly submits that considering the facts and circumstances as well as the present position of the petitioner, the third respondent is inclined to consider the representation of the petitioner.

5.Recording the said statement made by the learned counsel for the third respondent, the petitioner is directed to appear before the third respondent with all relevant documents within a period of four weeks from the date of receipt of a copy of this order. On such representation, the third respondent shall consider the claim of the petitioner and pass appropriate orders on merits and in accordance with law within a period of six weeks thereafter. 6.With the above direction, this writ petition is disposed of. No costs.

Sd/- Assistant Registrar (P&A) /True Copy/ Sub Assistant Registrar To

1. The District Collector, Theni District, Theni.

2. The Lead District Manager, Canara Bank, Theni, Theni District.

+ 1 CC TO SPECIAL GOVERNMENT PLEADER IN SR No. 89687 + 1 CC TO Mr.P.MAHENDRAN, ADVOCATE IN SR No. 89232 + 1 CC TO Mr.N.SUNDARAJAN, ADVOCATE IN SR No. 89524 MJ TE/SV-MMS/SAR-4 : 21/12/2017 : 2P/6C W.P(MD)No.5389 of 2013 24.11.2017 https://hcservices.ecourts.gov.in/hcservices/