A social activist sought a writ of mandamus to revive Land Development Banks in Tamil Nadu by directing authorities to allocate funds based on a prior representation. The Court held that a writ cannot be issued to the government to set up or revive such banks and dismissed the petition.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
WP No.10904 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 10.04.2023
CORAM
THE HON'BLE MR.T.RAJA, ACTING CHIEF JUSTICE
AND
THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY
WP No.10904 of 2023
A.R.Gokulakrishnan
... Petitioner
versus
Prayer: Writ Petition under Article 226 of the Constitution of India praying for a writ of mandamus directing the respondents to act swiftly by taking all measures to revive the Land Development Banks and its allied establishments by allocating required fund to these banks by considering the representation dated October 17, 2022 made by the
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petitioner to the respondents in detail and dispose of the same in accordance with law.
For the Petitioner : Mr.S.Mahaveer Shivaji For the Respondents : Mr.P.Muthukumar, State Government Pleader
ORDER
(Made by the Hon'ble Acting Chief Justice)
This writ petition has been filed seeking a writ of mandamus directing the respondents to revive the Land Development Banks and its allied establishments, by allocating required funds to these banks, by considering the representation made by the petitioner to the respondents, on 17.10.2022.
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been introducing number of schemes to improve the production of agriculture and help the farmers and agricultural workers. One such programme is the introduction of Land Development Bank in the country with an aim to promote the development of land, agriculture and increase the agricultural production and welfare of the farmers and their family members. Many of the agriculturists started enjoying the benefit from such Banks. But mid way, the said scheme has been neglected and given up. Therefore, farmers and agriculturists have been put to face lots of problems. Considering the plight of the farmers and ordeals faced by them, Government of India had also passed a Government order in the year 2006, waiving-off farm loans to the tune of Rs.986.12 crore obtained by the farmers. Therefore, the Government should come forward to revive the Land Development Bank. In this regard, the petitioner has sent a detailed representation to the respondents, dated 17.10.2022. The petitioner received a reply dated 05.12.2022, stating that the matter is under consideration. Since no progress is shown by the respondents in the matter, the present writ petition has been filed.
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revive the Land Development Bank and its allied establishments by allocating required funds, this Court cannot give any direction. The writ petition fails and the same is dismissed. There will be no order as to costs.
(T.R., ACJ.) (D.B.C., J.) 10.04.2023
Index : Yes/No Neutral Citation : Yes/No tar
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To
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T.RAJA, ACJ, and D.BHARATHA CHAKRAVARTHY, J.
(tar)
WP No.10904 of 2023
10.04.2023
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3 issues framed by the court
Whether a writ of mandamus can be issued directing the Government to revive Land Development Banks by allocating funds.
Whether the Court can direct the Government to consider a representation dated 17.10.2022 made by the petitioner.
Whether the petition seeking revival of agricultural banks is maintainable in a writ jurisdiction.
1 provisions across 1 enactments
A.R.Gokulakrishnan
The Principal Secretary, Department of Food and Consumer Protection Government of Tamil Nadu
The Registrar of Co-operative Societies, Chennai
The Chairman Cum Managing Director, The Tamil Nadu Co-operative State Agricultural and Rural Development Bank Ltd.
T.Raja
D.Bharatha Chakravarthy
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
