1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated :: 05..04..2011 Coram:: THE HONOURABLE MS. JUSTICE K. SUGUNA and THE HONOURABLE MR. JUSTICE A.ARUMUGHASWAMY Writ Petition (MD)No.2940 of 2011 and M.P.(MD)No.1 of 2011 M/s. Hariharan Promoters, Through its Sole Prop. Manikandamoorthy, 59, Alagarkoil Main Road, Tallakulam, Madurai - 625 002. ..... Petitioner - Vs - 1. Union of India, Rep. by the Secretary, Ministry of Finance, New Delhi. 2. The Authorised Officer, Canara Bank, 33, North Veli Street, Madurai - 625 001. ......Respondents Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus to direct the second respondent to consider the proposal submitted by the petitioner for discharge of the liability in full by his representation dated 26.02.2011 in consonance with the Statement of Objects and Reasons set out in Act 54 of 2002. For Petitioner :: Mr. A. R. M. Ramesh For Respondents :: Mr. G. Rangarajan for R-1 Mr. S. Sivasubramaniam for R-2 O R D E R (Order of the Court was delivered by K. SUGUNA, J.) This Writ Petition is filed for issuance of a Writ of Mandamus to direct the second respondent to consider the proposal submitted by the petitioner for discharge of the liability in full by his representation dated 26.02.2011 in consonance with the Statement of Objects and Reasons set out in Act 54 of 2002. 2. Here is a case where the petitioner herein is a borrower from the respondent bank. However, default has been committed. Consequently, steps were taken in accordance with law. Now, this writ petition is filed with the above said prayer. According to the learned counsel appearing for the petitioner, subsequent to the filing of this writ petition, an agreement has been entered into between the petitioner and the bank, as per which, on payment of https://hcservices.ecourts.gov.in/hcservices/ 2 certain amount, one of the properties of the petitioner has to be released and with regard to other properties, as per the agreement, the entire payment has to be made by the petitioner on or before 18.04.2011 and till then, the respondent bank should not proceed any further. 3. According to the learned counsel appearing for the bank, already the petitioner had submitted a representation and a reply has been given on 01.03.2011. Without challenging the same, now, again the petitioner has submitted another representation, consequently, the prayer in the writ petition is not maintainable. 4. The above said contention of the learned counsel appearing for the respondent bank is not disputed by the learned counsel appearing for the petitioner. However, it is the stand of the learned counsel appearing for the petitioner that the reply communicated to the petitioner is not an order and the same is not in consonance with the Object and Reasons of Act 54 of 2002, consequently, the petitioner has filed this Writ Petition. 5. We are not able to understand the said contention of the learned counsel appearing for the petitioner. When once an order is passed, without challenging the same, the respondent bank cannot be pressurized to consider repeated representation of the petitioner and to pass orders on the same. Consequently, we are not inclined to grant the relief to the petitioner. 6. According to the learned counsel appearing for the petitioner, though the petitioner had given an undertaking to pay the entire due amount on or before 18.04.2011, due to the intervening General Election to the State Assembly, the petitioner is not in a position to make out the payment within the stipulated period and therefore, some more time may be granted to the petitioner. 7. The petitioner is at liberty to move the respondent bank for extension of time to make out the payment and it is for the the respondent bank to consider and pass appropriate orders on the said request of the petitioner. 8. With the above said direction, this writ petition is disposed of. However, there will be no order as to costs. Consequently, the connected M.P.(MD)No.1 of 2011 is closed. Sd/- Assistant Registrar(CO) /True Copy/ Sub Assistant Registrar https://hcservices.ecourts.gov.in/hcservices/ 3 To 1. The Secretary, Ministry of Finance, Union of India, New Delhi. 2. The Authorised Officer, Canara Bank, 33, North Veli Street, Madurai 625 001 +1cc to Mr.S.Siva Subramanian Advocate, Sr.No.12839 +1cc to Mr.A.R.M.Ramesh, Advocate, Sr.No.12662 W.P.(MD)No.2940 of 2011 and M.P.(MD)No.1 of 2011 dpn/- SMA/25.04.2011/6C/3P https://hcservices.ecourts.gov.in/hcservices/