M.Saraswathy v. The Zonal Manager

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 03.06.2024

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN M.Saraswathy ... Petitioner Vs.

1.The Zonal Manager, State Bank of India, 50, State Bank Road(Besides Rly.Station), Gopalapuram, Coimbatore 641 018 2.The Branch Manager, State Bank of India, Pollachi Main Branch, 1, Palakkad Road, Pollachi 642 001 ... Respondents PRAYER: Writ Petition is filed under Article 226 of Constitution of India praying to issue a Writ of Mandamus directing the respondents to pay a compensation of Rs.1 crore for the medical expenses incurred by the petitioner till date and for the cost of performing the surgeries as well as for the trauma experienced by the petitioner continuously till date in light of the petitioner's representation dated 05.06.2020. For Petitioner : Mr.K.S.Karthik Raja For Respondents : Mr.K.Chandrasekaran, Standing Counsel 1/4

ORDER

This writ petition has been filed for direction to the respondents to pay a compensation of Rs.1 crore for the medical expenses incurred by the petitioner till date and for the cost of performing the surgeries as well as for the trauma experienced by the petitioner continuously till date in light of the petitioner's representation dated 05.06.2020.

2.

It is seen that already the petitioner filed suit for the very same compensation in OS.No.70 of 1992 on the file of the Sub Court, Udumalpet and the same was decreed by the judgment and decree dated 28.04.1999 thereby directed to pay a sum of Rs.3,00,000/- with interest at the rate of 12%. However, the petitioner failed to file any appeal suit for enhancement of the compensation as against the judgment and decree passed by the trial court in OS.No.70 of 1992. However, the respondent filed appeal suit in AS.No.183 of 1999 and the same was also dismissed by the judgment and decree dated 23.03.2000 on the file of the II Additional District Court, Coimbatore. After dismissal of the appeal suit, 2/4

the respondents duly complied with the judgment and decree passed by the trial court in OS.No.70 of 1992. After a period of 31 years from the date of occurrence, the present writ petition has been filed seeking compensation.

3.

Therefore, this writ petition is devoid of merits and liable to be dismissed. Accordingly, this writ petition is dismissed. There shall be no order as to costs.

03.06.2024 Index: Yes/No Speaking/Non-speaking order lok 3/4

G.K.ILANTHIRAIYAN, J.

lok To 1.The Zonal Manager, State Bank of India, 50, State Bank Road(Besides Rly.Station), Gopalapuram, Coimbatore 641 018 2.The Branch Manager, State Bank of India, Pollachi Main Branch, 1, Palakkad Road, Pollachi 642 001 03.06.2024 4/4