M.Durai Pandian v. Union Of India
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 21.01.2025
CORAM
THE HON'BLE Mr. JUSTICE C.V.KARTHIKEYAN W.P.No.22078 of 2021 M.Durai Pandian .. Petitioner Vs.
1.Union of India, Rep. by its Secretary, Ministry of Home Affairs, North Block, Central Secretariat, New Delhi - 110 001.
2.Reserve Bank of India, Rep. by its Principal Chief General Manager, Department of Cooperative Bank Regulation, Garment House, Dr.Annie Beasant Road, Mumbai - 400 018.
3.The Repatriates Cooperative Finance and Development Bank (Repco Bank) Represented by its Chairman, Public and Rehabilitation Department, Government of Tamil Nadu, Secretariat, Fort. St. George, Chennai - 600 009.
4.The Managing Director, (Repco Bank) No.33, North Usman Road, T.Nagar, Chennai - 600 017.
5.The Branch Manager, (Repco Bank), Red Hills Branch, Chennai - 600 052.
.. Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamas, directing the 4th and 5th respondents to disburse the dividend for the period 209 - 2020 in respect of the shares of the petitioner's vide Share Certificates (1) bearing Folio No.83164 to 83167 dated 24.06.2010, (2) bearing Folio No.83612 to 85611 dated 26.06.2010,
(3) bearing Folio No. Nil, dated 25.11.2011, (4) bearing Folio No.262241 to 266240 dated 21.11.2015 and (5) bearing Folio No.284242 to 290237 dated 06.02.2016.
For Petitioner .. Mr.K.Manikandan For R2 .. Mr.C.Mohan, A.Rexy Josephine Mary For King and Partridge For R3 to R5 .. Mr.A.Ilangovan
ORDER
This Writ Petition has been filed in the nature of a Mandamus seeking a direction against the 4th and 5th respondents to disburse the dividend to the petitioner with respect to the share, which the petitioner holds.
2.I am not prepared to enter into any discussion about the locus of the petitioner to seek dividend or about the obligation of the respondents to issue dividend. The Writ Petition against the REPCO Bank is not maintainable, particularly in view of the judgment of the Division Bench in W.P.No.27593 of 2023, P.Thanapal Vs. Union of India Rep. by the Home Secretary, Ministry of Home Affairs, New Delhi and two others, wherein by order dated 25.07.2024, the Division Bench had held that writ petition is not maintainable. That position was even earlier reiterated by a Division Bench in W.A.No.179 of 2022, A.Rajagopalan Vs. Union of India rep. by the Home Secretary, New Delhi, by an order dated 13.06.2024. The said position of law had been consistently followed by this Court. Accordingly, this Writ Petition is dismissed as not maintainable. No costs. 21.01.2025 Index:Yes/No Internet:Yes/No smv
To 1.The Secretary, Union of India, Ministry of Home Affairs, North Block, Central Secretariat, New Delhi - 110 001.
2.Principal Chief General Manager, Reserve Bank of India, Department of Cooperative Bank Regulation, Garment House, Dr.Annie Beasant Road, Mumbai - 400 018.
3.The Chairman Repatriates Cooperative Finance and Development Bank (Repco Bank) Public and Rehabilitation Department, Government of Tamil Nadu, Secretariat, Fort. St. George, Chennai - 600 009.
4.The Managing Director, (Repco Bank) No.33, North Usman Road, T.Nagar, Chennai - 600 017.
5.The Branch Manager, (Repco Bank), Red Hills Branch, Chennai - 600 052.
C.V.KARTHIKEYAN,J.
smv W.P.No.22078 of 2021 21.01.2025