Allowed

P. Soosai Antony Lebin, v. the Chairman/Managing Director

Madras HC20 Nov 2018WP(MD)/23056/2018

Case brief

AI extract

What is this about?

Petitioner filed a writ petition seeking direction to process a pending housing loan application delayed over five years due to misplaced records. Court directed the third respondent to consider the application within 45 days.

What did the court decide?

Directed the Superintendent Engineer to consider the housing loan application within 45 days from receipt of the order.

P. Soosai Antony Lebin, Vs the Chairman/Managing… — Service and Employment | Madras HC (2018)

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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DATED:20.11.2018

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CORAM:

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THE HONOURABLE DR.JUSTICE G.JAYACHANDRAN

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W.P.(MD) No.23056 of 2018

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P. Soosai Antony Lebin ... Petitioner

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vs.

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The chairman/Managing Director, TANGEDCO, TNEB,

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800, Anna Salai, Chennai-2.

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The Chief Engineer, Distribution, TANGEDCO, TNEB, Tirunelveli Region, Anna Building, Thiyagaraja Nagar, Tirunelveli-11.

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The Superintendent Engineer, Thoothukudi Distribution Circle, Thoothukudik-5. ... Respondents

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PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of writ of Mandamus, to direct the third respondent to process the petitioner's application for housing advance pending on the file of the third respondent in Application No.109 dated 26.03.2018 and consequently direct the third respondent to sanction housing advance to the petitioner within a time limit that may be imposed by this Court.

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For Petitioner : Mr.I.Velpradeep For Respondents : Mr.S.Dhayalan

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ORDER

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Heard the learned counsel appearing for the petitioner and the learned counsel appearing for the respondents.

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2.The grievance of the writ petitioner is very unique which requires intervention of this Court, since indefinite attitude of the respondents has caused him not only enormous delay in getting the house loan, but also mental agony.

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https://hcservices.ecourts.gov.in/hcservices/ 3.According to the petitioner on 26.03.2018 he applied for housing loan from the Board. Later he came to know that the staff

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at Superintendent Engineer Office has misplaced the records including original title deed and approved plan. Therefore, he has given a representation to the third respondent on 12.01.2016 seeking permission to get certified copy of the title deed and reconstruct the loan file. Though the third respondent herein has permitted him to get certified copy and submit to the Office, till date his loan application has not been processed, despite several reminders. The last reminder is given by the writ petitioner dated 30.08.2018.

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4.In the light of the above facts, this Court is constrained to direct the third respondent herein to consider the housing loan application of the writ petitioner herein as expeditiously as possible and pass appropriate orders. Considering the delay in processing the application for more than 5 years and also loss of the records at the office of the third respondent, the third respondent is directed to consider the loan application of the writ petitioner within 45 days from the date of receipt of a copy of this order.

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5.Accordingly, this Writ Petition is allowed. No costs.

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Sd/

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Assistant Registrar(CS-I) /True Copy/

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Sub Assistant Registrar(CS-II)

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To:

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The Superintendent Engineer, Thoothukudi Distribution Circle, Thoothukudik-5.

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+1 cc to Mr.I.Velpradeep,Advocate,SR.No.96144

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SS/RSK/SAR 2/13.12.2018/2P/3C

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W.P.(MD) No.23056 of 2018 20.11.2018

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

P. Soosai Antony Lebin, v. the Chairman/Managing Director

Case brief

What is this about?

What did the court decide?

P. Soosai Antony Lebin, v. the Chairman/Managing Director

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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