S.S.Velu, v. Union Of India,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 19.03.2015
CORAM:
THE HONOURABLE MR.JUSTICE T.S.SIVAGNANAM W.P.No.7813 of 2015 and M.P.No.1 of 2015 S.S.Velu
...Petitioner
Vs 1.Union of India rep. By the secretary Ministry of Finance Department of Finance Services Banking Division, Jeevan Deep Building, Parliament Street, New Delhi
2. The Secretary to Govt. of India Ministry of Defence, Sena Bhavan, New Delhi
3. Revathy The Deputy General Manager, Circle Official (North) Indian bank, Ethiraj Salai, Chennai - 8
4. The Chairman, Indian bank, Lloyds Road, Royapettah, Chennai - 4
5. Narayanasamy The Asst. General Manager George Town Branch, Indian Bank, Chennai - 1
6. M/s Just Dial 'B'Wing III Floor, 'Temple Steps, 182-187, Annasalai Little Mount, Chennai - 15 ... Respondents
Prayer :- Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the 4th respondent to conduct an enquiry against the charges framed in my lawyer's notice dated 10.10.2014 and 21.10.2014 for such crimes of national importance, same time violating the fundamental rights of an ex-soldier of our country and deliberately running his bank aided small livelihood.
Party in-person : Mr.S.Velu
O R D E R
Heard Mr.S.S.Velu, party-in-person and perused the material available on record. With consent, the Writ petition itself is taken up for final disposal at the admission stage.
2. The petitioner in this Writ Petition has certain grievance against the respondent/Bank and has filed this Writ Petition to take action and conduct enquiry by the Chairman, Indian Bank and frame charges by taking into consideration his lawyer's notice dated 10.10.2014.
3. From a perusal of the records, it is seen that after petitioner issued lawyer's notice, a reply has been sent by the respondent-Bank on 21.10.2014 to the counsel for the petitioner wherein apart from denying the allegation made against the bank, the petitioner has been called upon to repay the loan against interest, which is said to be pending. Thereafter, the petitioner has sent another notice to the respondent-Bank and also submitted for redressal the grievance before Reserve Bank of India in the Notice dated 04.11.2014. The respondent/bank has sent reply on 24.11.2014 reiterating the earlier contents in the notice and called upon the petitioner to remit the amount. Thereafter, the respondent-Bank has issued a notice on 26.11.2014 to the petitioner and two others, namely, T.Janakiraman and T.Javer.
In the said notice, the respondent-Bank has claimed that the petitioner and two others are liable to pay a sum of Rs.12,29,853/- and they have been directed to pay the amount within a period of ten days, failing which, the Bank has stated that action would be taken under the provision of SARFAESI Act.
4.Thus dispute between the parties pertains to certain money transaction and there has been exchange of legal notice. Therefore, no Writ of Mandamus as sought for by the petitioner could be granted. Accordingly, the Writ petition fails and the same is dismissed. However, it is open to the petitioner to
approach appropriate forum and agitate all his grievances. Consequently connected miscellaneous petition is closed. No costs. Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar To 1.Union of India rep. By the secretary Ministry of Finance Department of Finance Services Banking Division, Jeevan Deep Building, Parliament Street, New delhi
2. The Secretary to Govt. of India Ministry of Defence, Sena Bhavan, New Delhi.
1 cc to Mr.S.Velu ,Advocate, SR.No.16035/15 W.P.No.7813 of 2015 and M.P.No.1 of 2015 KK(CO) PMK.7.4.2015