1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 16.11.2011 CORAM THE HONOURABLE MR.JUSTICE V.RAMASUBRAMANIAN W.P.(MD)No.9427 of 2011 and M.P.(MD)Nos.1 and 2 of 2011 J.Jothilakshmi ... Petitioner vs. The Manager, Canara Bank, Micro Finance Specialized Branch, 256, North Masi Street, Madurai- 625 001. ... Respondent PRAYER : Writ petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorari to call for the records in demand notice dated 08.08.2011 issued by the Respondent Bank for the loan A/c No.3083.737.141 and the another notice dated 24.03.2011 vide loan A/c.No.3083.737.293 and quash the same. For Petitioner : Mr.D.Senthil For Respondent : Mr.C.Jegadish Ilango O R D E R The petitioner has come up with the above writ petition challenging a notice issued by the respondent, demanding payment of a loan allegedly taken by the petitioner. 2. Heard Mr.D.Senthil, learned Counsel or the petitioner and Mr.C.Jagadish Ilango, learned counsel for the respondent. 3. On the ground that the petitioner was part of a Self Help Group, which borrowed loan from the bank under the Micro Finance Scheme and that the petitioner failed to repay the same despite demands, the respondent issued a notice dated 08.08.2011 threatening to initiate legal action against the petitioner, if she did not make payment. 4. According to the petitioner, she never borrowed any loan and that she was not part of any Self Help Group. The petitioner also contended that she never even held any account with the Respondent Bank. 5. After notice, the respondent has filed a counter affidavit. It is stated in the counter affidavit that one S.Sathya who organised a group loan for the Self Help Group, had given a letter to the bank agreeing and undertaking to repay the entire loan and also requesting the respondent not to send any notices to the petitioner. Consequently, the respondent has claimed that he has withdrawn the demand notice issued on 08.08.2011. The respondent has also stated in Paragraph No.5 of the counter affidavit that they have already informed the counsel for the petitioner that they would not proceed for recovery of the loan against the petitioner. https://hcservices.ecourts.gov.in/hcservices/ 2 6. In the light of the above, nothing survives in this Writ Petition. Therefore, the writ petition could have been closed without any further orders but for one fact. The Respondent Bank has filed a copy of the letter dated 20.08.2011 sent by the said S.Sathya. It is stated therein that the said Sathya has wrongly affixed the photographs of the petitioner and wrongly changed the address and enclosed the ration card of the petitioner. In other words, the petitioner has had nothing to do with the transaction at all. The respondent ought to have verified the same before the grant of loan or at least before the issue of the notice. Since the notice issued to the petitioner was withdrawn only after the petitioner filed the writ petition, the petitioner is entitled to payment of cost. Though the petitioner claimed that the petitioner should also be paid some compensation, I am of the view that the claim for compensation should go only to a civil Court and not before this Court. Therefore, this writ petition is closed on the basis of the statement made by the respondent that there will no recovery against the petitioner. However, the respondent shall pay the cost of Rs.5,000/- (Rupees Five Thousand Only) to the petitioner within a period of four weeks from the date of receipt of a copy of this order without prejudice to the right of the petitioner who claim compensation. Consequently, connected miscellaneous petitions are closed. Sd/- Assistant Registrar (AS) / True Copy / Sub Assistant Registrar To The Manager, Canara Bank, Micro Finance Specialized Branch, 256, North Masi Street, Madurai- 625 001. +1CC TO MR.D.SENTHIL, ADVOCATE SR : 40008 +1CC TO MR.C.JAGATHEES ILANGO, ADVOCATE SR : 40078 Pm SR : 23.11.2011 : 2p/4c W.P.(MD)No.9427 of 2011 and MP(MD)Nos.1 & 2 of 2011 16.11.2011 https://hcservices.ecourts.gov.in/hcservices/