Madras High CourtWP(MD)/183/2025disposed of

Tamilselvi v. The Regional Director

2025-01-06Honourable Mrs Justice L.Victoria Gowri7 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 06.01.2025

CORAM:

THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI Tamilselvi ... Petitioner Vs.

1. The Regional Director, Reserve Bank of India, South Regional Head Office, 16, Rajaji Salai, Fort Glacis, Chennai - 600 001.

2. The Regional Officer, Indian Overseas Bank Regional Office-I Central Office Complex, Annexe Building, III Floor, 763, Anna Salai, Chennai - 600 002.

3. The Branch Manager, Indian Overseas Bank, Sakkarakottai Branch, No.1/3, Sivagnanapuram, Sakkarakottai, Collectorate Post, Ramanathapuram District - 623 503.

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4. The Inspector of Police, Cyber Crime Police Station, Ramanathapuram, Ramanathapuram District.

5. The Inspector of Police, Cyber Crime Police Station, Manesar, Gurugram District, Haryana - 122 052.

6. The Special Commissioner, Special Police Unit for Women and Children, Gurudwara, Nanakpura Road, Near Moti Bagh, Block I, South Moti Bagh, New Delhi, Delhi - 110 021.

... Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, to direct the respondents herein to forthwith de-freeze the frozen amount a sum of Rs.51,300/- in my Indian Overseas Bank Savings A/C No.280501000012977, Sakkarakottai Branch, Ramanathapuram District and consequently, to direct the respondents to unblock the petitioner's Bank account, by considering his representation dated 18.12.2024 in accordance with law within the time stipulated by this Court. For Petitioner : Mr.D.Balamurugapandi For R-1 : Mr.K.R.Laxman Standing Counsel For R2 & R-3 : Mr.N.Dilipkumar For R-4 : Mr.K.Gnansekaran Government Advocate (Crl. side) 2/7

ORDER

Mr.K.R.Laxman, learned Standing Counsel takes notice for the first respondent, Mr.N.Dilipkumar, learned Standing Counsel takes notice for the first and second respondents and Mr.K.Gnanasekaran, learned Government Advocate (Crl. Side) takes notice for the fourth respondent. By consent of both parties, this Writ Petition is taken up for final disposal at the stage of admission itself.

2. The prayer in the Writ Petition reads as follows:- "To issue a Writ of Mandamus, to direct the respondents herein to forthwith de-freeze the frozen amount a sum of Rs.51,300/- in my Indian Overseas Bank Savings A/C No.280501000012977, Sakkarakottai Branch, Ramanathapuram District and consequently, to direct the respondents to unblock the petitioner's Bank account, by considering his representation dated 18.12.2024 in accordance with law within the time stipulated by this Court."

3. Heard the learned counsel on either side and carefully perused the entire materials available on record.

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4. The writ petitioner's account in Indian Overseas Bank, Sakkarakottai Branch, Ramanathapuram District, was freezed by the third respondent Bank on the instructions of the Respondents No.5 and 6.

5. When the matter came up for hearing, the learned Counsel appearing for the petitioner submitted that based on the intimation received from the respondents 5 and 6, the petitioner's account was blocked.

6. The learned Government Advocate appearing for the fourth respondent police would submit that a copy of such communication was not served on them so far.

7. However, a communication was received from the respondents No.5 and 6 with respect to an amount of Rs.51,300/-. The third respondent Bank is permitted to retain the aforesaid amount by marking a lien on the petitioner's account and subject to the marking of the lien, the petitioner is permitted to operate the Bank account. The freezing effected on the petitioner's Bank account should be lifted to the said extent and she may be allowed to operate the account.

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8. Accordingly, this writ petition is allowed. No costs. 06.01.2025 NCC : Yes / No Index : Yes / No jbr TO:-