Yuvan Educational Trust v. The Tamil Nadu State Apex
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 19.08.2019
CORAM
THE HON'BLE MR.JUSTICE P.D.AUDIKESAVALU W.P. No. 24144 of 2019 Yuvan Educational Trust, Represented by its Founder Trustee, Mr. T.A. Balachandran, Having Office at No.15, Venkataramaier Street, Kondithoppu, Chennai - 600 079.
... Petitioner Vs.
The Tamil Nadu State ApexCo-operative Bank Ltd., Represented by its Branch Manager, Mint Branch, Mint Street, Chennai - 600 079.
... Respondent Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus, to direct the Respondent Bank to defreeze the SB A/c.No.710769820 in the name of Noble Nursery and Primary School to enable the authorized signatories of Petitioner trust and school to operate the bank account kept with the respondent bank.
For Petitioner : Mr. T.K.S. Gandhi For Respondent : Mr. L.P. Shanmugasundaram Special Government Pleader (Co-op)
ORDER
When it is pointed out that the nature of grievance sought to be ventilated by the Petitioner in the Writ Petition were in the nature of private dispute, which requires to be decided after recording of evidence of the parties on rival contentions and could not be redressed by invoking the public law remedy following summary procedure under Article 226 of the Constitution, Learned Counsel for the Petitioner seeks permission of this Court to withdraw the Writ Petition with liberty to institute suit impleading necessary parties before the jurisdictional Civil Court for effectual and complete https://hcservices.ecourts.gov.in/hcservices/ adjudication of the matter and he has made an endorsement to that effect, which is recorded.
2.
Accordingly the Writ Petition is dismissed as withdrawn grating such liberty. No costs.
Sd/- Assistant Registrar(Insp.Cell) //True Copy// Sub Assistant Registrar To The Branch Manager, Tamil Nadu State ApexCo-operative Bank Ltd., Mint Branch, Mint Street, Chennai - 600 079.
+1 cc to M/s.T.K.S.Gandhi,Advocate Sr.No.71339 +1cc to The Government Pleader SR.No.70559 W.P. No. 24144 of 2019 RSK(C.O.)/AKM/ 26.08.19/2P-4C/ https://hcservices.ecourts.gov.in/hcservices/