High Court Madras High Court

S.K.Sankaran Chettiar vs The Branch Manager on 23 September, 2010

Madras High Court
S.K.Sankaran Chettiar vs The Branch Manager on 23 September, 2010
       

  

  

 
 
 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

DATED: 23/09/2010

CORAM
THE HON'BLE MR.JUSTICE M.JAICHANDREN

Writ Petition(MD)No.1329 of 2009

S.K.Sankaran Chettiar				.. Petitioner

Versus

1.The Branch Manager,
  Indian Overseas Bank,
  Karambakudi Branch,
  Karambakudi,
  Pudukkottai District - 622 302.

2.The Chief Regional Manager,
  Indian Overseas Bank,
  26/7, College Road,
  Karaikudi - 630 002.

3.K.Anbarasan
4.G.Palanivel
5.P.Appadurai
6.The Branch Manager,
  Indian Bank,
  Karambakudi Branch,
  Karambakudi,
  Pudukkottai District.

7.The Branch Manager,
  State Bank of India,
  Thiruvonam,
  Orathanadu Taluk,
  Thanjavur District.				.. Respondents

Prayer

Petition filed under Article 226 of the Constitution of India, praying
for the issuance of a Writ of Mandamus, directing the first respondent to waive
the loan amount of Rs.36,000/- availed by the petitioner from the first
respondent Bank in AJL No.326/07, on 05.02.2007, as per the Government guideline
in Circular No.ADV/175/2008-2009, dated 26.05.2008 and ADV/178/2008-2009, dated
31.05.2008 and return back the jewels pledged by the petitioner.

!For petitioner		... M/s.K.Baalasundaram
^For respondents 1 and 6... Mr.Pala Ramasamy
		 	    Special Government Pleader
For respondents		... No appearance
 2,3 to 5 & 7	 	


:ORDER

Heard Mr.K.Baalasundaram, the learned counsel appearing on behalf of the
petitioner, as well as Mr.Pala Ramasamy, the learned Special Government Pleader
appearing on behalf of the first and the sixth respondents.

2. At this stage of the hearing of the writ petition, the learned counsel
appearing on behalf of the petitioner had submitted that it would suffice, if
the representation of the petitioner, dated 08.07.2008, is directed to be
disposed of, on merits and in accordance with law, within a specified period.

3. The learned Special Government Pleader appearing on behalf of the first
and the sixth respondents, has no objection for such an order being passed by
this Court.

4. In view of the averments made in the affidavit filed in support of this
petition and in view of the submissions made by the learned counsel appearing on
behalf of the petitioner, the first respondent is directed to consider and
dispose of the petitioner’s representation, dated 08.07.2008, on merits and in
accordance with law, within a period of eight weeks from the date of receipt of
a copy of this order. The petitioner is directed to submit a copy of the
representation, dated 08.07.2008, along with a copy of this order, to the first
respondent. However, it is made clear that this Court, by this order, has not
expressed any opinion on the merits of the matter.

5. The writ petition stands disposed of, with the above directions. No
costs.

srm

To

1.The Branch Manager,
Indian Overseas Bank,
Karambakudi Branch,
Karambakudi,
Pudukkottai District – 622 302.

2.The Chief Regional Manager,
Indian Overseas Bank,
26/7, College Road,
Karaikudi – 630 002.

3.The Branch Manager,
Indian Bank,
Karambakudi Branch,
Karambakudi,
Pudukkottai District.

4.The Branch Manager,
State Bank of India,
Thiruvonam,
Orathanadu Taluk,
Thanjavur District.