Disposed

Mrs.Devaki v. The Branch Manager

Madras HC2 Mar 2016WP/34832/2015

Case brief

AI extract

What is this about?

Petitioner sought writ to direct bank to disburse educational loan for her daughter due to financial constraints. Court directed bank to process loan application submitted by petitioner within one week and decide thereafter.

What did the court decide?

Petitioner directed to submit loan application within one week; Bank directed to consider and pass order on disbursement within two weeks thereafter.

Mrs.Devaki Vs The Branch Manager — Consumer Protection | Madras HC (2016)

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED : 02.03.2016

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CORAM

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THE HONOURABLE MR.JUSTICE R.SUBBIAH

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W.P.No.34832 of 2015

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Mrs.Devaki ... Petitioner

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Vs.

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1.The Branch Manager State Bank of India Edayakuruchi Branch Pin – 621719. 2.The District Collector Office of the Collectorate, Ariyalur District. ... Respondents Prayer: Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the first respondent bank to sanction and disburse the Educational loan to the petitioner daughter for the 4 academic years as per the fees structure of the Institution of B.Sc. (Nursing Programme) Decree course in Nightingale college of Nursing, Magadi Road, Bangalore – 560023 expeditiously. For Petitioner : Mr.P.Manikannan For Respondents : Mr.P.D.Audikesavalu for R1 Mr.S.Pattabiraman for R2 Government Advocate

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By consent, the writ petition is taken up for final disposal.

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2.The present writ petition has been filed seeking a Mandamus directing the first respondent Bank to sanction and disburse the Educational loan to the petitioner's daughter for the 4 academic years as per the fees structure of the Institution of B.Sc. (Nursing Programme) Decree course in Nightingale College of Nursing, Magadi Road, Bangalore – 560 023 expeditiously.

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https://hcservices.ecourts.gov.in/hcservices/

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3.In the petition it is stated that the petitioner's daughter joined B.Sc. Nursing Course at Nightingale Group of Nursing Institution and is studying I year. It is further stated that the petitioner and her husband are working as agricultural cooli and the petitioner's daughter is the first graduate in the family and due to lack of financial position, her family could not meet her daughter's educational expenses and hence, she approached the first respondent for educational loan and the same was refused by the first respondent.

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4.In this regard, the petitioner made representation to the second respondent seeking educational loan and the second respondent forwarded the representation made by the petitioner to the first respondent vide proceedings in UA/14/19736 dated 10.11.2014 and inspite of the same, the first respondent has not considered the said application and the total fees comes to around Rs.3,91,500/- and the petitioner could not raise the said amount towards educational fees and hence, left with no other option has come forward with the petition.

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5.Today, when the matter is taken up for consideration, the learned counsel appearing for the first respondent Bank submitted that so far the petitioner has not submitted any application seeking loan and if the petitioner submits application, the same will be considered in accordance with the Rules.

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6.In view of the submissions made by the learned counsel appearing for the first respondent Bank, the petitioner is directed to approach the first respondent Bank and submit an application, within a period of one week from the date of receipt of a copy of this order and on receipt of the same, the first respondent Bank is directed to consider the request of the petitioner and pass an appropriate order with regard to disbursement of the educational loan to the petitioner's daughter for the four academic years as per the fees structure of the Institution of B.Sc. (Nursing Programme) Decree Course in Nightingale College of Nursing, Magadi Road, Bangalore – 560 023 within a period of two weeks thereafter.

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7.The writ petition is accordingly disposed of. No costs.

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True Copy

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Sub-Assistant Registrar

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pri

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https://hcservices.ecourts.gov.in/hcservices/

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1.The Branch Manager State Bank of India Edayakuruchi Branch Pin – 621719.

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2.The District Collector Office of the Collectorate, Ariyalur District.

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+1 cc to Government pleader sr.13924/16
+1 cc to Mr.P.Manikannan Advocate sr.13565/16
W.P.No.34832 of 2015
aa18/03/2016

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https://hcservices.ecourts.gov.in/hcservices/

Mrs.Devaki v. The Branch Manager

Case brief

What is this about?

What did the court decide?

Mrs.Devaki v. The Branch Manager

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

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