IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 21.04.2022

Coram:

THE HONOURABLE MR.MUNISHWAR NATH BHANDARI, CHIEF JUSTICE

and

THE HONOURABLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY

Writ Appeal No.3019 of 2021

Hemamalini

.. Appellant / Petitioner

Vs.

1. The Managing Director,

The Tamilnadu Industrial Co-operative Bank Limited,

Thalamuthu Natarajan Building,

No.1, Gandhi Irwin Road, Egmore, Chennai-8.

2. The Branch Manager,

The Tamilnadu Industrial Co-operative Bank Limited,

9, Peramanur Main Road, Four Roads, Salem.

3. The Sales Officer/Auction Officer,

District Industries Centre,

Omalur Main Rd, SIDCO Industrial Estate,

Narasothipatti, Salem,

Tamil Nadu-636 004.

.. Respondents / Respondents

Writ Appeal filed under Clause 15 of the Letters Patent

against the order dated 28.10.2021 passed by the learned Single

Judge, in W.P.No.23146 of 2021 on the file of this Court.

Prayer in W.P.No.23146 of 2021: Petition filed under Article 226

of the Constitution of Inida, to issue a writ of Mandamus

directing the respondents 1 and 2 to furnish the statement of

loan account of the petitioner within a time frame as fixed by

this Honourable Court and consequently direct the respondents to

extend the period for payment of the actual balance amount.

For appellant : Mr.R.Nalliyappan

For respondents : Mr.K.Seetharam for RR-1 and 2

Mr.P.Muthukumar,

State Govt. Pleader for R-3

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JUDGMENT

(The Judgment of the Court was delivered by The Honourable Chief

Justice)

The Writ Appeal has been filed challenging the judgment

dated 28.10.2021 in W.P.No.23146 of 2021, wherein the said Writ

Petition filed by the appellant to seek direction to the

respondents 1 and 2 to furnish statement of loan account within

a time frame, has been rejected by the learned Single Judge.

2. The learned Single Judge has dealt with the factual

matrix involved in the matter. Though the Writ Petition was

filed only to seek statement of the loan account, the factual

matrix was given finding that on the default of payment of loan

amount, the respondents conducted the auction and the same was

the subject matter of challenge before this Court in

W.P.No.11200 of 2021. Considering the offer made in the said

Writ Petition, it was disposed of on 05.05.2021 directing the

writ petitioner to make payment to the satisfaction of the Bank

to show her bona-fides. During the pendency of the said Writ

Petition, the petitioner never asked to disclose her Bank loan

account, and it is only to delay the payment that the present

Writ Petition was filed.

3. We find no illegality in the impugned order passed by the

learned Single Judge, because the writ petitioner is a defaulter

and after filing the first Writ Petition with a direction to the

petitioner to make payment to the satisfaction of the Bank, to

show her bona-fides, the subsequent Writ Petition seeking loan

account, was not bona-fide and otherwise, could have sought by

her under the Right to Information Act, 2005. Hence, the Writ

Petition was not even maintainable. Finding no error in the

impugned order passed by the learned Single Judge, the Writ

Appeal is dismissed. There shall be no order as to costs.

Sd/-

Assistant Registrar(CS IX)

//True Copy//

Sub Assistant Registrar

cs

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

To

1. The Managing Director,

The Tamilnadu Industrial Co-operative Bank Limited,

Thalamuthu Natarajan Building,

No.1, Gandhi Irwin Road, Egmore, Chennai-8.

2. The Branch Manager,

The Tamilnadu Industrial Co-operative Bank Limited,

9, Peramanur Main Road, Four Roads, Salem.

3. The Sales Officer/Auction Officer,

District Industries Centre,

Omalur Main Rd, SIDCO Industrial Estate,

Narasothipatti, Salem, Tamil Nadu-636 004.

+1cc to Mr.R.Nalliyappan, Advocate, S.R.No.27608