1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 12.08.2011 CORAM: THE HONOURABLE MR.JUSTICE R.SUDHAKAR W.P(MD)No.5539 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, 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, Regional Office, Leelavathi Building, 69, Armenian Street, Chennai-600 001. 6.Canara Bank, Represented by The General Manager, 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, 66, Rajai Salai, Chennai 600 001. 8.Bank of India, Represented by The Zonal Manager, Coimbatore Zone, STAR House, 324, Oppanakkara Street, Coimbatore 641 001. 9.State Bank of India, Represented by The Deputy General Manager, Local Head Office, Circle Top House, 16, College lane,Chennai 600 0006. 10.Institution of Valuers, Represented by The Honorary General Secretary, 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 fourth respondent to consider and dispose of the petitioner's representation dated 13.01.2011 and to direct the fourth respondent to issue necessary orders to Bank of India to sanction loan through Tiruchirapalli Branch for the petitioner's office cum residence at Tiruchirapalli under the scheme of National Housing Bank "Small Office, Home Office" (SOHO) for which the petitioner has all the eligibility criteria to avail that facility for his survival as a victim due to the wilful professional negligence of the respondent Nos.5 to 9 without no fault of the petitioner. For Petitioner : Mr.K.P.Vijayakumar For R-1 : M/s.Pandi 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 https://hcservices.ecourts.gov.in/hcservices/ 3 O R D E R This Writ Petition has been filed to direct the fourth respondent to consider and dispose of the petitioner's representation, dated 13.01.2011 and to direct the fourth respondent to issue necessary orders to the Bank of India to sanction loan through Tiruchirapalli Branch for the petitioner's office cum residence at Tiruchirapalli under the scheme of National Housing Bank "Small Office, Home Office" (SOHO) for which the petitioner has all the eligibility criteria to avail that facility for his survival as a victim due to the wilful negligence of the respondent Nos.5 to 9. 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 Writ Petition has been filed to direct the fourth respondent to consider the representation of the petitioner, dated 13.01.2011 and to direct the fourth respondent Reserve Bank of India to sanction loan to the petitioner as a victim under the respondent Nos.5 to 9. 5. The request of the petitioner for considering his representation, prima facie, cannot be considered as the petitioner has already filed Writ Petitions as against the individual banks against the removal of his name from the panel of valuers and it is pending. Therefore, on such a plea, no relief can be granted to the petitioner as a matter of right. The Reserve Bank of India cannot be directed to consider the representation of the petitioner without any legal basis. In any event, the grant of loan is the prerogative of the individual bank. No provision of law has been shown by the petitioner as to how the Reserve Bank of India is competent to give individual loan. In any event, grant of loan is purely contractual in nature and no direction as sought for can be issued. the petitioner has not shown any provision of law which entitles him to the said relief. The Writ Petition is misconceived. 6. Accordingly, the Writ Petition is dismissed. No Costs. Sd/- Assistant Registrar(T&P) /True Copy/ Sub Assistant Registrar To 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. https://hcservices.ecourts.gov.in/hcservices/ 4 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, 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, Regional Office, Leelavathi Building, 69, Armenian Street, Chennai-600 001. 6.Canara Bank, Represented by The General Manager, Credit Policy Section, Risk Management Wing, Head Office, 112, J.C.Road, Bangalore- 560002. 7.Indian Bank, Represented by The General Manager (CR), HO/Credit Division, 66, Rajai Salai, Chennai 600 001. 8.Bank of India, Represented by The Zonal Manager, Coimbatore Zone, STAR House, 324, Oppanakkara Street, Coimbatore 641 001. 9.State Bank of India, Represented by The Deputy General Manager, Local Head Office, Circle Top House, 16, College lane,Chennai 600 0006. https://hcservices.ecourts.gov.in/hcservices/ 5 10.Institution of Valuers, Represented by The Honorary General Secretary, Head Office, 4,5 & 6, Vishal Market, Mukherjee Nagar(W), New Delhi-110 009. +1cc to Mr.R.Pandivel, Advocate, Sr.No.27680 pm ssk/20.09.2011 /12c -5p/- W.P.(MD)No.5539 of 2011 12.08.2011 https://hcservices.ecourts.gov.in/hcservices/