1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 10.08.2011 CORAM: THE HONOURABLE MR.JUSTICE P.JYOTHIMANI AND THE HONOURABLE MR.JUSTICE M.M.SUNDRESH W.A.(MD).No.731 of 2011 and M.P.No.2 of 2011 R.Sirajudeen : Appellant Vs. The Branch Manager, South Indian Bank, Kaniyalampatti Branch, Karur Main Road,Karur District. : Respondent/Respondent PRAYER: Writ Appeal is filed under Clause 15 of the Letters Patent against the Order dated 03.11.2010 made in W.P.(MD).No.1104 of 2010 on the file of this Court. Prayer in W.P.(MD).No.1104 of 2010: Writ Petition is filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Certiorarified Mandamus, to call for the records relating to the order passed by the respondent in his proceedings in G/039/09-10, dated 12.10.2009 and quash the same as illegal and consequently, to direct the respondent to sanction educational loan to the petitioner for pursuing B.Tech., Course @ K.S.Rangasamy College of Technology, Tiruchencode, Namakkal District within the period that may be stipulated by this Court. For Appellant : Mr.M.Ajmal Khan For Respondents : Mr.R.Pandivel JUDGMENT [Judgment of the Court was delivered BY P.JYOTHIMANI, J] The Writ Appeal is directed against the order of the learned Single Judge dated 03.11.2010 made in W.P.(MD).No.1104 of 2010, by which the learned Single Judge, while dismissing the Writ Petition, has observed that if the appellant is advised, he can avail the loan amount to the tune of Rs.1,94,000/- sanctioned by the respondent bank. 2. The grievance of the appellant is that as per the quotation given by the college, in which he was admitted, he is entitled for a loan of Rs.2,84,450/-, for which he has made application to the respondent bank. However, the respondent bank has sanctioned only a sum of Rs.1,94,000/-. 3. On the other hand, it is the stand of the respondent bank that the respondent bank, being a Scheduled Private Bank, no writ will lie. 4. The learned Single Judge has also held that Writ Petition as against a Scheduled Private Bank is not maintainable. Under such circumstances, we do not find any reason to interfere with the order of the learned Single Judge. However, since the learned counsel for the https://hcservices.ecourts.gov.in/hcservices/ 2 appellant has submitted that the appellant is prepared to receive the loan amount of Rs.1,94,000/- sanctioned by the respondent bank subject to various terms and conditions, which are binding on the respondent bank, we only direct that as and when the appellant makes necessary request for receipt of Rs.1,94,000/-, the same shall be sanctioned by the respondent bank to the appellant subject to the fulfillment of various requirements, as prescribed by the respondent bank, within a period of two weeks from the date of receipt of application from the appellant. Except the above clarification, no further order is required in this Writ Appeal, which is, accordingly, dismissed. No costs. Consequently, connected Miscellaneous Petition is closed. Sd/- Assistant Registrar(Records) /TRUE COPY/ Sub Assistant Registrar To The Branch Manager, South Indian Bank, Kaniyalampatti Branch, Karur Main Road,Karur District. +1cc to Mr.M.Ajmal Khan, Advocate SR.No.27232 +1cc to Mr.R.Pandivel, Advocate SR.No.27192 JUDGMENT MADE IN W.A.(MD).No.731 of 2011 10.08.2011 NB PA/25.08.2011/2P/4C https://hcservices.ecourts.gov.in/hcservices/