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Madras High CourtWP/4527/2025disposed of

Arputham v. The District Collector

2025-02-10Honourable Mr Justice D.Bharatha Chakravarthy6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 10.02.2025

CORAM:

THE HONOURABLE MR. JUSTICE D.BHARATHA CHAKRAVARTHY Arputham ... Petitioner Vs.

1.The District Collector O/o. District Collector Chengalpattu District.

2.The Revenue Divisional Officer O/o. Revenue Divisional Officer Chengalpattu District.

3.The Branch Manager Indian Bank (Rajakilipakkam Branch) Tambaram, Chennai 600 073.

4.The Inspector of Police, Selaiyur Police Station.

(Suo motu impleaded vide order of this Court dated 10.02.2025) ....Respondents 1/6

Prayer : Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents 1 to 3 to take appropriate action and directed to disburse the savings amount from the petitioner account bearing No.773202906 on the banker of the third respondent. In pursuant to the petitioner representation dated 20.12.2024. For Petitioner : Mr.P.Muthamizhselvakumar For Respondents : Mr.R.Murthi for R1 & R2 Government Advocate Mr.M.A.Abdul Wahab for R3 Mr.V.Meganathan for R4 Government Advocate (Crl.side)

ORDER

Considering the nature of prayer that is made and the nature of order that is going to be passed, the Inspector of Police, Selaiyur Police Station, is suo-moto impleaded as the fourth respondent in the Writ Petition. 2.Mr.V.Meganathan, learned Government Advocate (Crl.Side) takes notice for the fourth respondent, Mr.R.Murthi, learned Government 2/6

Advocate takes notice for the respondents 1 & 2 and Mr.M.A.Abdul Wahab, learned counsel takes notice for the third respondent Indian Bank.

3. The claim of the petitioner is that he is having savings bank account with the third respondent and a sum of Rs.14,00,000/- is lying in her account. While so, when she went to the third respondent branch for withdrawing the entire sum owing to her personal circumstances and family expenses, the third respondent is not disbursing the same. As a matter of fact, both her daughters were also present in the third respondent branch. Still, the third respondent is not disbursing the same considering the petitioner's old age etc. It is the petitioner's own money and she is entitled to withdraw the same and spend the same in any manner as she wants. The third respondent cannot interfere in the matter.

4. The learned counsel for the petitioner is right in saying that the petitioner is the ultimate owner of the money and she can spend the money in whatever manner she wants. Only because of her advanced age of 89 years and especially, when she is seeking to withdraw the huge sum of 3/6

Rs.14,00,000/-, i.e., the entire sum that is lying in the account, the Bank Manager would have thought it fit to bestow attention. Without reference to the particular case that when people are in the advanced stage, sometimes people take them as hostages including their own children and relatives. They take away all the money and then leave them alone in life. Only with that humanitarian perspective, the third respondent was concerned for the petitioner. But when the petitioner comes to this Court and asserts that all is well with her and she wants her money back, then the money has to be given to her.

5. In view thereof, still considering the petitioner's 89 years of age and that both her daughters are on board in her decision to withdraw the entire sum, this Writ Petition is disposed of on the following terms; (i) The fourth respondent shall visit the petitioner and ensure that she is in a proper state of mind and also enquire with her daughters and record a statement and give his findings in writing that the withdrawal is sought to be made by the said Arputham in her own free Will;

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(ii) Upon receipt of the same, the third respondent Branch Manager shall either consider the same withdrawal slip or take a fresh withdrawal slip and disburse the amount as requested by the petitioner. The said exercise shall be completed within a period of one week from the date of receipt of the web copy of the order without waiting for the certified copy of the order.

(iii) No costs.

10.02.2025 : No dna 5/6

D.BHARATHA CHAKRAVARTHY , J.

dna To 1.The District Collector O/o. District Collector Chengalpattu District.

2.The Revenue Divisional Officer O/o. Revenue Divisional Officer Chengalpattu District.

3.The Branch Manager Indian Bank (Rajakilipakkam Branch) Tambaram, Chennai 600 073.

4.The Inspector of Police, Selaiyur Police Station.

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