Sri Lakshmi Narasimma Swamy Temple v. State Bank Of India
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 26.09.2024
CORAM
THE HONOURABLE MR.JUSTICE M.DHANDAPANI W.P.No.28101 of 2024 Sri Lakshmi Narasimma Swamy Temple, Rep. By its Hereditary Trustee, Mr.K.Narasimma Battachar, Singirikoil Village, Kathalampet PO, Vellore Taluk and District.
... Petitioner Vs.
1. The State Bank of India, Head office, Rep. By its Branch Manager, Rajaji Salai, Chennai-1.
2. State Bank of India, Kilarasampattu Branch, Rep. By its Branch Manager, Vellore Taluk and District.
... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the respondents to consider the petitioner's representation dated 12.08.2024 and consequently, to direct the respondents to consider the scheme decree dated 04.08.1921 as Trust deed to permit the petitioners who are the hereditary trustee of the said temple, to open a fresh savings account in the name of the hereditary trustees and Archagas of Sri Lakshmi Narasimha Swamy Temple.
For Petitioner :
Mr.R.Ramya
O R D E R
The Writ Petition has been filed seeking a direction to the respondents to consider the petitioner's representation dated 12.08.2024 and consequently, to direct the respondents to consider the scheme decree dated 04.08.1921 as Trust deed to permit the petitioners who are the hereditary trustee of the said temple, to open a fresh savings account in the name of the hereditary trustees and Archagas of Sri Lakshmi Narasimha Swamy Temple.
2. The case of the petitioner is that he is the hereditary trustee and archaka of the temple viz., Sri Lakshmi Narasimha Swamy Temple and he administer the properties belonging to the said temple along with his brother. The petitioner's ancestors have filed a suit and obtained scheme decree. In such circumstances, the respondent sent a letter on 18.09.2021 stating that the account is noncomplaint with the RBI KYC norms. No proper information or reason was given in the said letter making it known as to how or why the account was noncomplaint with the RBI KYC norms. The petitioner sent a letter on 07.06.2022 to the respondent requesting the bank manager to consider the scheme decree as the trust deed and not to close the account. The petitioner again made a
representation on 25.03.2024 to the respondents to permit the petitioner to open a fresh account in the name of hereditary trustees and Archagas Sri Lakshmi Narasimha Swamy Temple, Singiri Koil, Vellore and the same has not been considered. Hence, the present petition.
3. The learned counsel for the petitioner submitted that this Court may direct the respondents to consider the petitioners representation dated 12.08.2024 by considering the scheme decree dated 04.08.1921 and pass appropriate orders within the stipulated time as fixed by this Court.
4. Heard the learned counsel for the petitioner and perused the materials available on record. Since no adverse order is passed against the respondents, notice to them is dispensed with.
5. Considering the facts and circumstances of the case and in view of the limited request sought for by the petitioner, this Court directs the second respondent to consider and pass orders on the petitioner's representation on merits and in accordance with law within a period of four weeks from the date of receipt of a copy of this order.
M.DHANDAPANI,J rli
6. With the above direction, this Writ Petition is disposed of. No costs. 26.09.2024 rli To
1. The State Bank of India, Head office, Rep. By its Branch Manager, Rajaji Salai, Chennai-1.
2. State Bank of India, Kilarasampattu Branch, Rep. By its Branch Manager, Vellore Taluk and District.
W.P.No.28101 of 2024 26.09.2024