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Judgment
P.V.Kunhikrishnan, J
The above writ petition is filed with following prayers :
"i) Call for records leading to Ext.P5 and issue a writ of certiorari and quash the same.
ii) Issue a writ of mandamus or any other appropriate writ, order or direction directing the respondent No.1 to release the document already pledged for availing the loan, since the loan amount with interest has already been remitted.
iii) Issue such other writ, order or direction which this Hon'ble Court deems fit on the facts and circumstances of this case.
iv) Issue interim order that is requested in this writ petition.
v) Grant cost of the proceedings.” [SIC]
The petitioner is the President of Triveni Charitable Society. The petitioner who was the President at that time, applied for a loan of Rs.1,16,000/- for the Society. Though the loan was sanctioned, the Society availed only the Capital Expenditure Loan of Rs.66,000/-. Working Capital Loan of Rs. 50,000/- was not availed. The loan was availed by pledging the property belonging to the society. It is the case of the petitioner that with the approval of respondent Nos. 1 and 2, the society remitted the availed loan of Rs.66,000/- and the interest thereon as one time settlement. According to the petitioner, this was after making a request to exempt the penal interest. It is further stated that the petitioner has requested for release of the documents that are pledged before the 1st respondent for loan. This request was recommended by the Project Officer also as evident by Ext.P4. But, thereafter, Ext.P5 was issued to recover the penal interests. Hence,this writ petition is filed.
Heard the learned counsel for the petitioner and the learned Government Pleader.
When this writ petition came up for consideration, this Court stayed all further proceedings consequent to Ext.P5 demand. The interim order is in force even now. If the petitioner has got any grievance against Ext.P5, the petitioner is free to submit a representation before the 2nd respondent. If such a representation is filed, the 2nd respondent can be directed to consider the same in accordance to law. The interim order can continue till final order is passed in the representation.
Therefore,this writ petition is disposed of with the following directions :
1) The petitioner is free to file a representation narrating his grievance against Ext.P5 before the 2nd respondent within one month from the date of receipt of a copy of this judgment.
2) Once such a representation is received, the 2nd respondent will consider that representation taking into consideration Ext.P4 also as expeditiously as possible, at any rate, within two months from the date of receipt of the representation.
3) Before passing final orders, the 2nd respondent will give an opportunity of hearing to the petitioner.