Joycy Vimala v. The Joint Director
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 29.10.2024 CORAM :
THE HONOURABLE MR.JUSTICE M.DHANDAPANI Joycy Vimala
...Petitioner
Vs.
1.
The Joint Director, Employee State Insurance Corporation, Trichy Road, Panchdeep Bhavan, Ramanathapuram, Coimbatore-641 045.
2.
The Recovery Officer, Employee State Insurance Corporation, Trichy Road, Panchdeep Bhavan, Ramanathapuram, Coimbatore-641 045.
3.
The Bank Manager, HDFC Bank LTD., No.1276, Nishaath Plaza, 1st Floor, Marakkadai Junction, Mill Road, Coimbatore-641 001, Tamil Nadu.
4.
M/s. Vimal Sony Interior, Rep. by its Proprietor Mr.Vimal Sony, No.241-G, Mani Rice Mill Compound, Perur Road, Kumarapalayam, Coimbatore-641 026.
5.
Vimal Sony
...Respondents
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Writ Petition filed under Article 226 of Constitution of India, praying for issuance of Writ of Mandamus directing the respondents 1 and 2 to issue necessary instructions to the 3rd respondent to De-freeze the petitioner's Bank Current Account bearing No.5020 0024272736 held under PAN No.AWJPJ5603R and consequently direct the respondents 1 and 2 to initiate appropriate action against the 4th and 5th respondent towards the liability of the 4th respondent, vide representation dated 27.09.2024. For Petitioner : Mr.AR.M.Arunachalam For Respondents : Mr.Bharathwaj, for R1 & R2
O R D E R
The petitioner has filed this Writ petition seeking direction to the 1st and 2nd respondents to issue necessary instruction to the 3rd respondent to Defreeze the petitioner's Bank Current Account bearing No.50200024272736 held under PAN No.AWJPJ5603R and to consequently initiate appropriate action against the 4th and 5th respondents, by considering the petitioner's representation dated 27.09.2024.
2. Mr.Bharathwaj, learned counsel takes notice on behalf of the 1st and 2nd respondents. In view of the consent expressed by the learned counsel on either side, this Writ petition is taken up for final disposal at the admission stage itself.
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3. Since no adverse order is being passed against the respondents 3 to 5, notice to the respondents 3 to 5 is dispensed with.
4. The case of the petitioner is that, pursuant to the direction issued by the 2nd respondent, the petitioner's Bank Account bearing No.50200024272736 held under PAN No.AWJPJ5603R was freezed by the 3rd respondent for recovery of the dues payable by the 4th respondent firm, started by the petitioner's Late husband namely Vijay, which was subsequently taken over by the 5th respondent. Thereby, the petitioner made several representations dated 27.09.2024, 14.10.2024 & 15.10.2024 before the respondents 1 to 3 seeking to de-freeze the petitioner's account and to consequently initiate appropriate action against the 4th and 5th respondents, which evoked no response. Hence, this Writ petition.
5. Heard learned counsel on either side and perused the material documents placed on record.
6. Though very many grounds have been raised by the learned counsel for the petitioner, at the time of arguments, the learned counsel for the Page No.3 of 6
petitioner restricted the prayer and sought for necessary orders of this Court directing the official respondents to serve the petitioner with the copy of the order pertaining to freezing of the petitioner's bank account as expeditiously as possible, enabling her to workout the remedy in the manner known to law.
7. In view of the limited request made by the learned counsel for the petitioner, this Court, without going into the merits of the case, directs the 1st respondent to furnish the copy of the order freezing the petitioner's bank account bearing No.50200024272736 to the petitioner within a period of two weeks from the date of receipt of a copy of this order, enabling the petitioner to workout her remedy in the manner known to law.
8. With the above directions, this Writ Petition stands disposed of. No costs.
29.10.2024 skt NCC : Yes/No Index : Yes/No Speaking Order : Yes/No Page No.4 of 6
To:
1.
The Joint Director, Employee State Insurance Corporation, Trichy Road, Panchdeep Bhavan, Ramanathapuram, Coimbatore-641 045.
2.
The Recovery Officer, Employee State Insurance Corporation, Trichy Road, Panchdeep Bhavan, Ramanathapuram, Coimbatore-641 045.
3.
The Bank Manager, HDFC Bank LTD., No.1276, Nishaath Plaza, 1st Floor, Marakkadai Junction, Mill Road, Coimbatore-641 001, Tamil Nadu.
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M.DHANDAPANI, J.
skt 29.10.2024 Page No.6 of 6