Sengol Raj Savarimuthu v. Mr., Chief Regional Manager,
2024:MHC:2377
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 20.06.2024 CORAM :
THE HONOURABLE DR.JUSTICE ANITA SUMANTH Sengol Raj Savarimuthu .. Petitioner vs 1.Mr., Chief Regional Manager, Indian Overseas Bank Head Quarters, No.762/763, Anna Road, Chennai - 600 002.
2.The Branch Manager, Indian Overseas Bank, Narthammalai - Branch, Pudhukottai, Thrichy.
3.Mariam Michael 4.Pilemaniammal 5.Loordu Mary 6.Arokkiyasamy .. Respondents Prayer:
Petition filed under Article 226 of the Constitution of India praying to issue a writ of mandamus directing the 1st and 2nd respondent to dispose of the petitioner representation dated 05.04.2024 to release the petitioner share amount Rs.27,20,000/- with interest in A/C.No:209201000021501, IFSC Code No: IOBA0002092, Indian 1/4
Overseas Bank, Narthanam Branch., within a time frame as may be fixed by this Honourable Court.
For Petitioner :
Mr.J.Chandran Sundar Sashikumar For Respondents :
Ms.Ananda Gomathy (R1) R2 to R6 - No appearance
ORDER
The petitioner claims to be the owner of certain lands that had been secured for public purposes by the State. Compensation of an amount of Rs.1,36,00,000/- had been deposited in the respondent bank in a joint account opened in the names of the petitioner and other co-owners of the land. He seeks disbursal of his share of the compensation, as the respondent bank is unable to disburse the same for want of consent from all the co-owners.
2. The co-owners are arrayed as R3 to R6 and notice has been served on them. Their descriptions are printed in the cause-list, despite which they have not chosen to appear before the Court.
3. The petitioner, in the aforesaid circumstances, seeks a mandamus directing R1 and R2, being the Chief Regional Manager and the Branch Manager, Indian Overseas Bank, Narthammalai Branch, Pudhukottai, Trichy to dispose his representation, where he seeks release 2/4
of his share of the compensation with interest.
4. Ms.Ananda Gomathy, learned counsel appearing for R1 has not filed a counter. However, in view of the fact that the petitioner is a Senior Citizen and has also set out various hardships caused to him by reason of the non-availability of funds, both medical as well as personal, the following directions are issued:- (i) Mandamus is issued to R2 being the Branch Manager of the Indian Overseas Bank, Narthammalai - Branch, Pudhukottai, Trichy, to dispose the petitioner's representation dated 05.04.2024 seeking disbursal of the petitioner's share of compensation deposited in account No.209201000021501, IFSC Code No:IOBA0002092, Indian Overseas Bank, Narthanam Branch.
(ii). Notice be issued to R3 to R6 as well prior to disposal of the representation, as directed above.
(iii) The above exercise shall be concluded within a period of six
(6) weeks from date of receipt of a copy of this order. (iv) To facilitate the above exercise, the petitioner may appear before R2 on 27.06.2024 at 11.00 a.m., without awaiting any further notice in this regard.
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DR. ANITA SUMANTH,J.
5. This writ petition is allowed in the above terms. No costs. 20.06.2024 Index:Yes/No Speaking Order:Yes mpl Note: Registry is directed to issue a copy of this order on or before 21.06.2024 To 1.The Chief Regional Manager, Indian Overseas Bank Head Quarters, No.762/76, Anna Road, Chennai - 600 002.
2.The Branch Manager, Indian Overseas Bank, Narthammalai - Branch, Pudhukottai, Trichy.
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