P r a y e r : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus directing the first respondent to consider the Petitioner's representation dated 19.09.2017 for settling the loan account under one time settlement scheme by waiving the penal and compound interest.
The Petitioner has prayed for issuance of a Writ of Mandamus directing the first respondent to consider the Petitioner's representation, dated 19.09.2017 for settling the loan account under one time settlement scheme by waiving the penal and compound interest.
2.Mr.G.Murugan, learned Standing Counsel takes notice for the respondents 1 to 3. By consent of both parties, the Writ Petition is taken up for final disposal at the admission stage itself.
3.The case of the Petitioner is that he is running a rice mill in the name and style of ''Sri Palaniappa Modern Rice Mill'' at S.No.221/10, having new D.No.326, Pannavayal Road, Pattukkottai measuring an extent of 90 cents of land and building thereon. He would further submit that he took the land and the building thereon on lease from one A.Ramasamy Chettiyar and after his demise, the lease continued with the consent of the legal heirs of A.Ramasamy Chettiyar. The Petitioner has invested huge amount to purchase machinery required for the rice mill and he had developed the conventional rice mill into a modern rice mill by purchasing and erecting modern machineries from his own funds. While so, the third respondent/Corporation has approached the petitioner and offers various facilities available with them to convert http://www.judis.nic.in 3 the rice mill into a well established modern rice mill, for purchasing machinery with subsidy and also other working facilities. Believing the words of the third respondent, the Petitioner approached the said authority with fond hope to develop the said rice mill into a modern rice mill. On 31.8.2009, the third respondent has sanctioned a sum of Rs.40 lakhs as working capital loan for purchase of paddy het for his rice mill and the Petitioner also availed the said loan after executing necessary documents and furnishing required particulars. After sanctioning the above said loan, the respondents offered to purchase modern rice mill machinery with subsidy which is given by the State Government. The Petitioner also obtained quotation from the Manufacturers of modern rice mill machinery and the respondents also sanctioned a term loan of Rs. 35.80 lakhs and subsidy of 6.65 lakhs for purchase of machinery. That being so, the Petitioner has also mortgaged several properties situated in Sukkiranpatti Village with coconut forms as security for the above said loan and executed necessary documents on 5.11.2009. He would further submit that after sanctioning the term loan, the property offered for the working capital loan were duly executed for the term loan for purchase of machinery. He would further submit that the Petitioner had availed only a sum of Rs.35.55 lakhs out of Rs.35.80 lakhs sanctioned and the balance amount was treated as lapsed. After running the modern rice mill successfully the Petitioner has settled the working capital loan by making periodical repayment by 23.7.2014. After settling the working capital loan, the Petitioner is now paying the dues towards the machinery loan.
4.Due to failure of monsoon and due to failure of cultivation, there was loss in http://www.judis.nic.in 4 the business and as such there was default committed by him in paying the machinery loan. Thereafter in the year 2015, the Petitioner approached the respondents Office to sell the machinery to pay the arrears towards machinery loan and getting permission from them, the Petitioner sold the machinery to the tune of Rs.13.50 lakhs as sacral material and the entire sale proceedings were paid towards loan amount on 14.8.2013, 19.8.2013 and 22.08.2013.In the meanwhile, the Petitioner has taken all efforts to settle the loan amount by availing OTS facilities. Though, appreciating the Petitioner's efforts to make repayment of loan amount, the respondents have brought the property for sale and estimated the land value as Rs.111 lakhs and fixed Rs.5,00 as EMD, whereas, the total outstanding in his loan account is only Rs.20 lakhs. The Petitioner would further submit that the third respondent approached the Petitioner to settle the loan account under one time settlement and advised to pay Rs.1 lakh and proceeding fee of Rs.20,000/- On believing the same, the Petitioner has paid the same and requested the third respondent to consider his claim for settlement of loan under one time settlement scheme by waiving the penal and compound interest. But without considering the Petitioner's request, the respondents making all efforts to dispose of his collateral security properties, which is an agricultural property to eke out his livelihood. Hence the Petitioner submitted a representation, dated 19.9.2017 to the first respondent with the above said request, as sought for in the prayer. Since no steps being taken the Petitioner has sent another representation dated 14.09.2018 to the first respondent. Since the said representation also evoke no response from the first respondent, the Petitioner has come forward with this writ Petition for the relief http://www.judis.nic.in 5 stated supra.
5.The learned counsel for the third respondent/TIIC was served with notice and has also appeared before this Court and submits that to consider the Petitioner's case, he has to get instructions from the Head Office of the third respondent /Corporation and hence he would submit that he needs some time. Since the Petitioner has already paid the major portion of the loan amount and for the remaining amount, the case of the Petitioner can be considered by the third respondent as per the instructions from the said respondent and the learned counsel seeks three months time to consider the Petitioner's case.
6.In view of the above said submission, this Court directs the Petitioner to approach the authorities concerned/third respondent in person and the respondent concerned is directed to consider the case of the Petitioner based on his representations, dated 19.09.2017 and 14.09.2018 and after affording an opportunity of personal hearing to the Petitioner and other interested parties if any, and pass appropriate orders in accordance with law, within a period of three months from the date of receipt of a copy of this order.
7.With the above directions, the Writ Petition stands disposed of. No costs.
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1.The Managing Director, Tamil Nadu Industrial Investment Corporation Limited, 692, Anna Salai, Nandanam, Chennai – 600 038.
2.The Regional Manager, Tamil Nadu Industrial Investment Corporation Limited, 33, KRT Complex, Cantonment, Trichy – 620 001.
3.The Branch Manager, Tamil Nadu Industrial Investment Corporation Limited, 33, South Street, T h a n a j v ur-0 9 .
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