N. Sheik Mohamed vs The Deputy General Manager and Grievance Redressal Officer, State Bank of Travancore and The Manager, State Bank of Travancore, Colachel Branch

G. Rajasuria, J.—This writ petition has been filed to direct the respondents to return the gold jewels weighing 108.6 grams to the petitioner, which was pledged by the petitioner under Agricultural loan No. 67030802626 with the second respondent.

Heard the learned Counsel for the petitioner. In view of the order, which is going to be passed here under, no notice to the respondents is required.

The grievance of the petitioner as aired by the learned Counsel for the petitioner placing reliance on the averments in the affidavit accompanying the writ petition, is to the effect that the petitioner availed jewel loan; subsequently, the Government waived it; thereupon the first respondent viz., The Deputy General Manager and Grievance Redressal Officer, State Bank of Travancore, Zonal Office, Chennai - 18 sent a communication dated 23.09.2008 vide Letter No. DGM/AGRI/ADWDRS/61; however quite antithetical to their own commitments, they are not giving the benefit of waiver.

Simply because the letter dated 23.09.2008 was sent to the petitioner by the first respondent, the petitioner cannot plead promissory estoppel or any such plea. What the petitioner could do is that he could produce evidence to justify that he is a person covered by the Notification of the Reserve Bank of India relating to waiver of jewel loan and thereupon it is for the bank to take a decision on that objectively and pass orders after giving due opportunity of being heard to the petitioner and the matter shall be processed within a period of one month from the date of receipt of a copy of this order.