P. Karthik Kumar vs The Deputy General Manager, State Bank of India and The Branch Manager, State Bank of India, Periyakulam Branch

G. Rajasuria, J.—In view of the order dated 18.12.2008 passed in M.P. (MD) No. 2 of 2008, this writ petition is taken up for fresh disposal.

This petition has been filed to call for the records relating to the impugned order of the second respondent dated 31.07.2008 and quash the same and consequently direct the respondents to grant the educational loan after obtaining sufficient security and guarantor to enable the petitioner to continue the education, by issuing a Writ of Certiorarified Mandamus.

Heard the learned Counsel appearing for the petitioner and also Mr. S. Sethuraman, learned Counsel appearing for the respondents.

The epitome of the grievance of the petitioner as stood exposited from the averments set out in the affidavit accompanying the writ petition as well as from the submissions made by the learned Counsel for the petitioner, is to the effect that the petitioner sought education loan from the second respondent, whereas the learned second respondent rejected the application on the sole ground that the petitioner is not residing within the service area of the second respondent.

The learned Counsel for the petitioner would submit that there would be no harm on the part of the respondents'' bank viz., State Bank of India to issue loan, whether it is having jurisdiction or not as the petitioner''s relative, who would be the guarantor for the loan, is having account in the respondent''s Bank itself.

The learned Counsel for the petitioner would also submit that the petitioner is ready to furnish immovable property security also.

Be that as it may, I am of the view that once the petitioner is ready to furnish even immovable property security as well as proper surety, he could approach rightly the Union Bank of India, Vadugapatti Branch, even though the Union Bank of India, Vadugapatti Branch is not a respondent herein, I could give liberty to the petitioner with the following direction:

On receipt of a copy of this order, the petitioner shall approach the Union Bank of India, Vadugapatti Branch, being a nationalized Bank (even though the Union Bank of India, Vadugapatti Branch is not a party yet there is no adverse order as against it) and thereupon the Union Bank of India, Vadugapatti Branch,, is expected to process the application as per the rules and regulations of the Bank within a period of fifteen days.

With the above direction, the writ petition is disposed of. No costs. Consequently, connected Miscellaneous Petition is closed.