The petitioner sought a writ of mandamus directing the bank to reconsider a rejected loan application. The court held that refusing a commercial loan is a decision within the bank's discretion and not subject to writ jurisdiction.
No relief granted; the writ petition was dismissed.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT :
THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN
FRIDAY, THE 26TH MARCH 2010 / 5TH CHAITHRA 1932
WP(C).No. 7153 of 2010(T)
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PETITIONER:
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GOPALAN K.N, S/O.NARAYANAN, KANNOTH HOUSE, DHARBA DESOM, MANNAMANGALAM P.O.,THRISSUR DISTRICT.
BY ADVS. MR.P.VIJAYA BHANU, MR.V.A.JOHNSON (VARIKKAPPALLIL).
RESPONDENTS:
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1. THE MANAGER, THRISSUR CO-OPERATIVE BANK LTD, THRISSUR.
2. THE MANAGER, THRISSUR CO-OPERATIVE BANK LTD, PATTIKKAD BRANCH, PATTIKKAD, THRISSUR.
3. THE JOINT REGISTRAR, OFFICE OF THE JOINT REGISTRAR, CO-OPERATIVE (GENERAL), AYYANTHOLE,THRISSUR.
R1 & R2 BY MR. P.C. SASIDHARAN, S.C.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 26/03/2010,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
prv.
K.SURENDRA MOHAN, J
WP(C).NO. 7153 OF 2010
DATED THIS THE 26TH DAY OF MARCH, 2010
JUDGMENT
The petitioner has filed this writ petition praying for the following reliefs:-
i) Issue a writ of mandamus or such other writ, order or direction directing the 1st respondent to reconsider the Exhibit P1 loan application accepting Patta No.B4-4251/1999 as security.
and
ii)Issue such other writ, order or direction which this Hon'ble Court may deem fit and proper in the light of the facts and circumstances of the case so as to secure the ends of justice”.
District. For the purpose of reconstructing his old house, he applied for
a loan of Rs.5,00,000/- from the first respondent Bank. He also offered
to give his property comprised in Survey No.139/P situated in Peechi
Village as security for the loan. According to the petitioner, the said
Wpc 7153/2010
2
property has been given as security for an earlier loan, which has been closed subsequently. Even though the petitioner is eligible to get the loan, he has been denied the same on the basis of a legal opinion received by the Bank. The petitioner has approached the District Cooperative Registrar by filing a representation, which is also pending.
Wpc 7153/2010 3
is not entitled to any of the reliefs claimed in this writ petition. The writ petition fails and is accordingly dismissed. No costs.
K.SURENDRA MOHAN, JUDGE
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2 issues framed by the court
Whether a writ court can direct a cooperative bank to reconsider its commercial decision to refuse a loan application.
Whether a loan application is a matter in which an individual has a specific right enforceable under Article 226.
1 provisions across 1 enactments
Gopalan K.N
The Manager, Thrissur Co-Operative Bank Ltd, Thrissur
K. Surendra Mohan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
