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Madras High Court · body

2014 DIGILAW 2097 (MAD)

R. J. Sheya v. Branch Manager

2014-07-14

T.S.SIVAGNANAM

body2014
Judgment : 1. In this writ petition, the petitioner seeks to quash the order passed by the second respondent dated 15.04.2014, by which, the petitioner's request for grant of educational loan to pursue her M.B.B.S Course came to be rejected. 2. The impugned order states that the appropriate authorities has rejected the proposal as the properties offered as collateral security do not have proper Four Wheeler access. The petitioner challenges impugned order on the ground that it is arbitrary and unreasonable and that the property has an access and there is no need for four wheeler road access to offer the property as collateral security. 3. The learned Counsel appearing for the respondents/Bank submitted the copy of the valuation report given by the official to the second respondent. 4. On a perusal of the said report dated 13.03.2013, it is seen that Field Officer conducted the inspection on 12.03.2014 and on verification of the documents, it was noted that there was the four links pathway mentioned in the document, which was not clear on the site, and trees and a portion of the house occupy the pathway and the property given as collateral security cannot be reached even by two wheeler or by walk. Therefore, it was stated that the property cannot be taken for valuation. 5. The learned Counsel appearing for the petitioner would submit that the property is in the midst of a rubber plantation and it is a common view that these properties are accessible by walk or two wheelers and not all such properties have four wheeler access. 6. The learned Counsel appearing for the petitioner makes such submission, however, the inspection report states otherwise stating that there is no access to the property even by walk. 7. In view of the disputed question, the petitioner is bound to establish that the property has access from the main road either by walk or through two wheeler and then only, the property could be accepted for valuation. 8. In the light of the above, the writ petition is disposed of by directing the petitioner to approach the second respondent/Bank along with the patta, chitta and FMB sektch for the property and accompany the Field Officer to the site to assist him to identify the pathway. 8. In the light of the above, the writ petition is disposed of by directing the petitioner to approach the second respondent/Bank along with the patta, chitta and FMB sektch for the property and accompany the Field Officer to the site to assist him to identify the pathway. On such inspection, the Field Officer shall submit a report to the first respondent who shall proceed further in accordance with law as expeditiously as possible, preferably within a period of two weeks from the date on which, the field inspection is conducted as per the direction stated above. No costs. Consequently, the connected Miscellaneous petition is closed.