1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 21.06.2011 CORAM THE HONOURBLE MR.JUSTICE B.RAJENDRAN W.P(MD).No.4037 of 2011 P.Paramasivam ... Petitioner Vs. 1.The District Consultative Committee for Banking Development rep.by its Chairman, The District Collector, Collectorate, Theni. 2.The Lead District Manager, Canara Bank, Lead Bank Office, Theni-625 531. 3.The Branch Manager, Karur Vysya Bank Ltd, Aundipatty Branch, Theni District. ... Respondents Writ Petition filed under Article 226 of the Constitution of India for the issuance of a Writ of Mandamus to direct the respondents to sanction the educational loan of Rs.69,360/- (Rupees sixty nine thousand three hundred and sixty only) for the first year of M.C.A. course to the petitioner's daughter P.Maheswari, who is now studying third year M.C.A.PG Course at M.Kumarasamy College of Engineering, Thalavapalayam, Karur-639 113. For petitioner : Mr.D.Malaichamy For R.3 : Mr.Pala.Ramasamy For R.1&2 : No appearance ORDER It is the case of the petitioner that earlier he came to this Court by way of a Writ Petition in W.P(MD).No.9367 of 2009 to grant educational loan to his daughter for doing M.C.A.Course for the second and third year. It is admitted by the learned counsel for the https://hcservices.ecourts.gov.in/hcservices/ 2 petitioner that as per the order of this Court, the loan for the second and third year had been granted. In the said Writ Petition, a direction was also given to the respondents in sofaras the balance payment for the first year course. Pursuant to that, a representation was given as early as 23.01.2010 to pay the balance amount of first year fee. However, till date, no orders have been passed in this regard. Therefore, he now seeks a direction from this Court to grant the balance amount in respect of the first year course fee payable by the bank to the petitioner's daughter. 2. Mr.Pala.Ramasamy, learned standing counsel takes notice for the third respondent. He would contend that as per their letter dated 28.08.2009 originally a loan amount of Rs.90,000/- was sanctioned to the daughter. As per the direction of this Court made in W.P(MD).No.9367 of 2009, they enhanced it for the second and the third year course and the same was also disbursed to the petitioner's daughter. As far as the first year fee is concerned, their only contention is as to how the college could receive the second and the third year fees without collecting the first year fee and there was no document regarding the non-payment of the first year fee. Therefore, they are unable to consider the representation of the petitioner. Heard both parties. By consent, the Writ Petition itself is taken up for final disposal. 3. The only grievance of the petitioner is that in spite of his earlier attempt made by him to avail educational loan, though the bank has sanctioned for the second and the third year course, they have not granted the educational loan in full for the first year. In fact, with a very great difficulty, he could obtain only Rs.90,000/- from the respondent bank and there still remains the balance in respect of first year fee. In fact, according to the petitioner, even as per the earlier direction of this Court, the respondents were directed to consider in respect of the payment for the first year also on the ground that in his representation dated 23.01.2010 he had clearly stated that there is a balance payment for the first year. Though the respondent has complied with the order in the payment of money for the second and third year, till date, they have not chosen to reply nor reject the representation of the petitioner in respect of the balance amount of the first year. Therefore, he has come forward with the present Writ Petition. 4. The learned counsel for the respondent would contend that without any materials on record merely with the representation they were unable to either sanction or reject the claim of the petitioner. 5. Be that as it may. In as much as, this Court has already passed an order in W.P(MD).No.9367 of 2009 directing the respondents to consider, especially, when he has stated that he has not paid the first year balance of fees, the respondent is directed to consider the request insofar as to the balance payment of the first year fee at the earliest, as he is going to complete the course itself in the https://hcservices.ecourts.gov.in/hcservices/ 3 near future and pass appropriate orders within a period of three weeks from the date of receipt of a copy of this order. The petitioner is also directed to submit any records from the college for the amount due for the first year to substantiate his claim within two weeks. With the above direction, this Writ Petition is disposed of. No costs. Sd/- Assistant Registrar (Crl.Side) /True Copy/ Sub Assistant Registrar To 1.The Chairman, The District Consultative Committee for Banking Development The District Collector, Collectorate, Theni. 2.The Lead District Manager, Canara Bank, Lead Bank Office, Theni-625 531. 3.The Branch Manager, Karur Vysya Bank Ltd, Aundipatty Branch, Theni District. +1 CC to Mr.D.Malaichamy, Advocate (SR.No.19337) +1 CC to Mr.Pala Ramasamy, Advocate (SR.No.19421) +1 CC to Special Government Pleader, Advocate (SR.No.19663) W.P(MD).No.4037 of 2011 21.06.2011 ssm NSV/23.6.11/3P/7C https://hcservices.ecourts.gov.in/hcservices/