R. Balamurugan, v. The Regional Manager,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 02-09-2015

CORAM

THE HONOURABLE MR.JUSTICE M.SATHYANARAYANAN WRIT PETITION No.27475 of 2015 R.Balamurugan .. Petitioner vs 1.The Regional Manager Indian Bank 15/1, Divya Towers 3rd Floor, 4th Main Road Salem 2.A.Soundiram .. Respondents Writ petition filed under Article 226 of the Constitution of India praying for issuance of a writ of mandamus directing the first respondent to consider the petitioner's representation dated 7.7.2015, within the time limit and take appropriate departmental action against the second respondent.

For Petitioner : Mr.S.Gunalan For Respondents : Mr.Jeyesh 'B' Dolia for M/s.Aiyar & Dolia for R1

ORDER

By consent, the writ petition itself is taken up for final disposal.

2.The petitioner would state that he lodged a complaint against the second respondent and since no action was taken, filed Crl.O.P.No.29541 of 2011 and based on the order dated 21.3.2013, passed by this Court, a case in Crime No.9 of 2013 was registered by the District Crime Branch, Anti Land Grabbing Special Cell, Salem, on 4.4.2013, for the alleged commission of the offences under Sections 406, 420 and 506(i) of IPC.

3.It is further stated by the petitioner that the second respondent apprehending arrest, has obtained anticipatory bail before this Court in Crl.O.P.No.8371 of 2013, subject to the condition that he shall appear before the Inspector of Police, District Crime Branch, Anti Land Grabbing Special Cell, Salem, daily at 10.30 A.M. and 5.30 P.M., and the petitioner on coming to know that as per the attendance register, the second respondent was attending the office between 13.4.2013 and 20.5.2013, has submitted a representation dated 7.7.2015, stating among other things, that the Branch Manager of Indian Bank, Jarikondalampatti Branch, Salem District, in collusion with the second respondent, has forged the attendance register by marking his presence though at that time, the second respondent was https://hcservices.ecourts.gov.in/hcservices/

supposed to be present before the Inspector Police, District Crime Branch, Anti Land Grabbing Special Cell, Salem, and though it was received and acknowledged, no orders have been passed, and hence, he came forward to file this writ petition.

4.Heard the submissions of the learned Counsel appearing for the petitioner, and Mr.Jeyesh 'B' Dolia, representing M/s.Aiyar and Dolia, who accepted notice on behalf of the first respondent. 5.This Court, taking into consideration the limited scope of prayer sought for by the petitioner, and without going into the merits of the same, directs the first respondent to consider the petitioner's representation dated 7.7.2015, in accordance with law, after putting on notice, the second respondent as well as the then Branch Manager of Indian Bank, Jarikondalampatti Branch, Salem District, and pass orders thereon within a period of eight weeks from the date of receipt of a copy of this order and communicate the decision taken, to the petitioner as well as to the second respondent and the then Branch Manager of Indian Bank of the above said Branch. The writ petition is disposed of accordingly. No costs. Sd/- Asst.Registrar (CS III ) /true copy/ nsv Sub Asst. Registrar To:

1.The Regional Manager Indian Bank 15/1, Divya Towers 3rd Floor, 4th Main Road Salem +1 cc to Mr.S.Gunalan, Advocate, sr.47180 W.P.No.27475 of 2015 vsn co kra 21/09 https://hcservices.ecourts.gov.in/hcservices/