Disposed

P.Mahalakshmi v. The Indian Bank

Madras HC27 Jul 2021WP/18879/2020

Case brief

AI extract

What is this about?

This High Court disposed of a writ petition seeking a mandamus against an educational loan bank. Directly relying on a similar earlier order, the Court directed the bank to process the petitioner's application and disburse fallen dues within three weeks, subject to the petitioner's cooperation.

What did the court decide?

Directed the bank to process the educational loan application and disburse dues within three weeks.

P.Mahalakshmi Vs The Indian Bank — Education and Admissions | Madras HC (2021)

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED : 27.07.2021

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CORAM

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THE HONOURABLE MR.JUSTICE R.MAHADEVAN

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Writ Petition No.18879 of 2020

P.Mahalakshmi

... Petitioner

1.The Indian Bank Represented by Zonal Officer Zonal Office 3^rd floor, AVR Tower No.4, Bharathy road Cuddalore-607 001.

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2.The Indian Bank Represented by is Branch Manager Alathur Branch No.55, main road Alathur Post, Sankarapuram Taluk Kallakurichi District Pin:606 208.

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... Respondents

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Prayer: Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, directing the 2^nd respondent to process and sanction the educational loan application of the petitioner bearing No.714441 dated 24.12.2019 and disburse to the petitioner a sum of Rs.3,49,600/- towards the aggregate fees for the 1^st , 2^nd , 3^rd and 4^th year and consequently, disburse a sum of Rs.87,400/- each for the 1^st and 2^nd year which has already fallen due from the academic year 2019 – 2020 of B.Sc. Nursing Dhanvantri College of Nursing, Namakkal District.

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For Petitioner :Mr.J.Ravikumar

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For R1 :No appearance For R2 :Mr.R.Rajendran Raghavan

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

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ORDER

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This writ petition has been filed to issue a mandamus, directing the 2^nd respondent to process and sanction the educational loan application of the petitioner bearing No.714441 dated 24.12.2019 and disburse a sum of Rs.3,49,600/- to the petitioner, towards the aggregate fees for the 1^st , 2^nd , 3^rd and 4^th year and consequently, disburse a sum of Rs.87,400/- each for the 1^st and 2^nd year, which has already fallen due from the academic year 2019 – 2020 of B.Sc. Nursing Dhanvantri College of Nursing, Namakkal District.

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2.Heard the learned counsel for the petitioner as well as the learned counsel for the 2^nd respondent and perused the materials placed before this Court.

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3.According to the petitioner, she is hailing from a poor agricultural labourer's family and her father is unable to meet out the college fees for her studies. Hence, she has sent an application for higher education loan under the scheme of the Indian revised IBA educational loan to the 2^nd respondent. The 2^nd respondent neither rejected her application nor processed it for sanction. Therefore, the petitioner has come forward with this writ petition claiming the above relief.

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4.Learned counsel for the petitioner submitted that in similar circumstances, by order dated 23.03.2018, this Court disposed of W.P.No.32309 of 2017, the operative portion of which is profitably, extracted hereunder:-

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“2.The grievance of the petitioner is that the said application is not considered by the second respondent Bank so far. Therefore, it is stated before this Court that the petitioner is facing difficulty in writing the examination at the College in which he got admitted to the course viz., B.E., Mechanical. Needless to say that when an application is filed seeking for educational loan, the concerned Bank shall not keep the application pending without processing the same, as the timely disbursement of educational loan is the need of the hour in so far as the student is concerned. Unless such exercise is done without any delay, it may even result in loss of the academic carrier of the concerned student.

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

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Therefore, the respondent Bank is directed to consider the application of the petitioner and process the same within a period of three weeks from the date of receipt of a copy of this order. The petitioner is also directed to cooperate with the respondent Bank by furnishing all necessary documents as required by the Bank for disbursement of such educational loan. The writ petition is disposed of accordingly. No costs.”

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Hence, the learned counsel prayed for similar order in this writ petition also.

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5.In the light of the aforesaid decision, which is squarely applicable to the facts of the present case, this Court directs the respondents to consider the application of the petitioner and process the same within a period of three weeks from the date of receipt of a copy of this order. The petitioner is also directed to cooperate with the respondents Bank by furnishing all necessary documents as required by the Bank for disbursement of such educational loan.

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The writ petition is disposed of accordingly. No costs.

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Sd/-

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Assistant Registrar(CS-III) // True Copy//

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Sub Assistant Registrar

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1.The Zonal Officer, The Indian Bank, Zonal Office, 3^rd floor, AVR Tower No.4, Bharathy road Cuddalore-607 001.

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

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2.The Branch Manager, The Indian Bank, Alathur Branch, No.55, main road Alathur Post, Sankarapuram Taluk, Kallakurichi District Pin:606 208.

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W.P.No.18879 of 2020

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GPL(CO) SU(26/08/2021)

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

P.Mahalakshmi v. The Indian Bank

Case brief

What is this about?

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P.Mahalakshmi v. The Indian Bank

Case brief

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