1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 12.08.2011 CORAM: THE HONOURABLE MR.JUSTICE R.SUDHAKAR W.P(MD)No.5404 of 2011 and M.P(MD)No.1 of 2011 V.Subramanian .. Petitioner Vs. 1.Union of India, Represented by The Under Secretary to the Government of India, Department of Financial Services Ministry of Finance, New Delhi - 110 001. 2.State of Tamil Nadu, Represented by The Inspector City Crime Branch, Tiruchirappalli City Police, Tiruchirappalli- 620 021. 3.Central Bureau of Investigation, Represented by The Inspector Central Bureau of Investigation(CBI)/SPE, Kathirakadavu, Kaloor, Cochin-682 017. 4.Reserve Bank of India, Represented by The Manager, Reserve Bank of India, Customer Services Department, Central Office, 1st Floor, Amar Building, Sir M.P.Road, Fort, Mumbai- 400 001. 5.Syndicate Bank, Represented by The General Manager, Syndicate Bank, Regional Office, Leelavathi Building, 69, Armenian Street, Chennai-600 001. 6.Canara Bank, Represented by The General Manager, Canara Bank, Credit Policy Section, Risk Management Wing, Head Office, 112, J.C.Road, Bangalore- 560002. https://hcservices.ecourts.gov.in/hcservices/ 2 7.Indian Bank, Represented by The General Manager (CR), HO/Credit Division, Indian Bank, 66, Rajai Salai, Chennai 600 001. 8.Bank of India, Represented by The Zonal Manager, Bank of India, Coimbatore Zone, STAR House, 324, Oppanakkara Street, Coimbatore 641 001. 9.State Bank of India, Represented by The Deputy General Manager, State Bank of India, Local Head Office, Circle Top House, 16, College lane, Chennai 600 0006. 10.Institution of Valuers, Represented by The Honorary General Secretary, Institution of Valuers, Head Office, 4,5 & 6, Vishal Market, Mukherjee Nagar(W), New Delhi-110 009. .. Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus directing the first respondent to consider and dispose the petitioner's representation dated 13.01.2011 and to direct the first respondent to sanction loan to the petitioner through the fourth respondent for the economic and social rehabilitation of the petitioner as a Scheduled Caste victim of the atrocities from the Indian Overseas Bank, Lalapet Branch, Karur District. For Petitioner : Mr.K.P.Vijayakumar For R-1 : Mr.K.K.Senthilvelan For R-2 : Mr.M.Govindan Special Govt. Pleader For R-3 : Mr.S.Rozario Sundar Raj For R-4 : Mr.K.Ramamoorthy For R-5 : Mr.R.Pandivel For R-6 : Mr.Madhavan Kutty For R-7 : Mr.S.Suresh for M/s.Iyer & Dolia For R-8 : Mr.M.Senthil Kumar For R-9 : Mr.A.Parameswaran For R-10 : Mr.Pala.Ramasamy O R D E R This Writ Petition has been filed, seeking a Writ of Mandamus to direct the first respondent to consider and dispose of the https://hcservices.ecourts.gov.in/hcservices/ 3 petitioner's representation, dated 13.01.2011 and to direct the first respondent to sanction loan to the petitioner through the fourth respondent Reserve Bank of India and for consequential relief. 2. Heard the learned counsel appearing for the petitioner and the respective learned counsel appearing for the respondents. 3. By consent, the Writ Petition itself is taken up for final hearing. 4. The petitioner has made a representation to the first and fourth respondents on 13.01.2011 for sanction of loan. Since no action has been taken up so far, the petitioner has come forward with this Writ Petition. 5. The prayer in the Writ Petition is totally misconceived. As stated by the respondent counsel, neither the fourth respondent nor the first respondent, is competent to grant individual loan to any person and no provision of law is said to have been breached. The grant of loan is a matter between the petitioner and the individual Bank. The same will have to be considered by the Bank on the merits of the petitioner's claim. It is purely contractual in nature and hence no Mandamus as sought for can be issued. 6. In such view of the matter, the relief sought for by the petitioner in this Writ Petition cannot be granted and is misconceived. Therefore, the Writ Petition is dismissed. No Costs. Consequently, connected miscellaneous petition is dismissed. Sd/- Assistant Registrar(T&P ) /True Copy/ Sub Assistant Registrar To 1.The Under Secretary to the Government of India, Union of India, Department of Financial Services Ministry of Finance, New Delhi - 110 001. 2. The Inspector State of Tamil Nadu, City Crime Branch, Tiruchirappalli City Police, Tiruchirappalli- 620 021. 3.The Inspector Central Bureau of Investigation, Central Bureau of Investigation(CBI)/SPE, Kathirakadavu, Kaloor, Cochin-682 017. https://hcservices.ecourts.gov.in/hcservices/ 4 4.The Manager, Reserve Bank of India, Customer Services Department, Central Office,1st Floor, Amar Building, Sir M.P.Road, Fort Mumbai- 400 001. 5. The General Manager, Syndicate Bank, Regional Office, Leelavathi Building, 69, Armenian Street, Chennai-600 001. 6.The General Manager, Canara Bank,Credit Policy Section, Risk Management Wing, Head Office, 112, J.C.Road, Bangalore- 560002. 7. The General Manager (CR), Indian Bank, HO/Credit Division, 66, Rajai Salai, Chennai 600 001. 8.The Zonal Manager, Bank of India, Coimbatore Zone,STAR House, 324, Oppanakkara Street, Coimbatore 641 001. 9.The Deputy General Manager, State Bank of India, Local Head Office,Circle Top House, 16, College lane,Chennai 600 0006. 10.Institution of Valuers, Represented by The Honorary General Secretary, Institution of Valuers, Head Office, 4,5 & 6, Vishal Market, Mukherjee Nagar(W), New Delhi-110 009. +1cc to Mr.R.Pandivel, Advocate, Sr.No.27674 +1cc to Mr.K.K.Senthilvelan, Advocate, Sr.No.28031 +1cc to Mr.Pala. Ramasamy, Advocate, Sr.No.27885 W.P.(MD)No.5404 of 2011 12.08.2011 pm SMA/13.9.2011/14C/4P https://hcservices.ecourts.gov.in/hcservices/