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Madras High CourtWP/33237/2025disposed of with direction

Prashanth M v. The Manager

2025-09-15Honourable Mr Justice M.Dhandapani6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 15.09.2025

CORAM

THE HONOURABLE MR.JUSTICE M.DHANDAPANI Prashanth M ... Petitioner Vs.

1.The Manager, Karur Vysya Bank Survey No.344, 11 and 12, Tambaram Main Road, Velachery, Chennai - 600 042.

2.The Divisional General Manager, KVB - Divisional Office, 1st Floor, KVB Tower, 568, Anna Salai, Teynampet, Chennai - 600 018.

3.Reserve Bank of India (RBI), Rep. by its General Manager, No.16, Rajaji Salai, Fort Glacis, Chennai - 600 001.

4.Baradhan (R3, R4 suo motu impleaded vide order dated 04.09.2025 made in WP.33237/2025 by MDIJ) ... Respondents 1/6

Prayer:

Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the first respondent to provide access for the petitioner to operate the FD-s in the name of Victim to meet the medical expenses.

For Petitioner : M/s.Shaikh Mehrunisa For Respondents : Mr.P.Raghunathan for R1 and R2 for M/s.T.S.Gopalan & Co.

R3 - No Appearance Mr.Nisshar Ahmed for R4 Senior Counsel for M/s.A.P.Sathyamurthy

O R D E R

This writ petition has been filed seeking issuance of Writ of Mandamus directing the first respondent to provide access for the petitioner to operate the FD-s in the name of victim to meet the medical expenses.

2.The learned counsel appearing for the petitioner submitted that the petitioner is the brother of one Surekha. Surekha's marriage was solemnized with the fourth respondent and out of the wedlock, they were blessed with two sons. The learned counsel further submitted that Surekha/ victim was brutally attacked by her husband 2/6

and was taken to Hospital and she is in coma stage since 14.10.2024 and now the petitioner is taking care of the victim. Inorder to meet her future medical expenses, the petitioner needs money. There is fixed deposit in the name of Surekha, however, the said amount could not be withdrawn by the petitioner.

3.The fourth respondent has filed an affidavit dated 15.09.2025 before this Court and paragraph no.9 of the affidavit reads as follows: "9.I state that I, being the husband and natural guardian, have always been and also undertake to continue to remain willing and committed to incur all the future medical expenses of my wife and to take care of her with utmost devotion and sincerity."

4.The affidavit dated 15.09.2025 filed by the fourth respondent is taken on record.

5.Considering the affidavit filed by the fourth respondent, this Court is inclined to direct the petitioner to shift Surekha/ victim to the residence of the fourth respondent and to direct the fourth respondent to permit the petitioner and his mother to visit the victim frequently 3/6

and if necessary to stay along with her in his residence, for which, the learned Senior Counsel appearing for the fourth respondent raise no serious objection.

6.In view of the above, this Court, without disturbing the fixed deposit in the name of Surekha/ victim, since she is the wife of the fourth respondent and the fourth respondent being the natural guardian of his wife/ victim, directs the petitioner to shift Surekha/ victim to the residence of the fourth respondent. The fourth respondent is directed to take care of the victim Surekha, take necessary steps to provide medical facilities for her, and incur all her future medical expenditure. The fourth respondent is further directed to permit the petitioner and his mother to visit the victim Surekha frequently and if necessary, permit the petitioner and his mother to stay along with the victim, in his residence. 7.The writ petition is disposed of with the above observation. No costs.

15.09.2025 pri Index: Yes/ No Speaking Order: Yes/ No 4/6

NCC: Yes/ No To 1.The Manager, Karur Vysya Bank Survey No.344, 11 and 12, Tambaram Main Road, Velachery, Chennai - 600 042.

2.The Divisional General Manager, KVB - Divisional Office, 1st Floor, KVB Tower, 568, Anna Salai, Teynampet, Chennai - 600 018.

3.Reserve Bank of India (RBI), Rep. by its General Manager, No.16, Rajaji Salai, Fort Glacis, Chennai - 600 001.

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M.DHANDAPANI,J.

pri 15.09.2025 6/6