Madras High CourtWP(MD)/595/2023disposed of

Alagapan.K v. The Branch Manager

2023-01-10Honourable Mr Justice G.R.Swaminathan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 10.01.2023

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P(MD)No.595 of 2023 and WMP(MD)No.588 of 2023 K.Alagappan ... Petitioner Vs 1.The Branch Manager, State Bank of India, Pudukkottai Branch, Pudukkottai.

2.A.L.Kathiresan ... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the 1st respondent to restrain the 2nd respondent from operating the savings bank account of the petitioner sister namely K.Vijayalakshmi in SBI Account No. 34213593473 on the file of 1st respondent and further forbearing the respondent from disbursing the money kept in savings bank account of sister namely K. Vijayalakshmi in SBI Account No.34213593473 to the 2nd respondent by considering the petitioner representation dated 05.01.2023.

For Petitioner : Mr.R.Maheswaran For Respondents : Mr.T.Govindasamy for R1 1/4

ORDER

Heard the learned counsel for the petitioner as well as the learned standing counsel for the first respondent.

2.The petitioner is none other than the son of the second respondent. The petitioner alleges that the second respondent is unauthorisedly and illegally operating the petition mentioned account maintained with the first respondent. This is purely a private dispute. The petitioner has to necessarily move the jurisdictional civil court for appropriate relief. This writ petition is not maintainable. I grant the liberty to the petitioner to move the jurisdictional civil court and leave open all the contentions of the petitioner. If any civil suit is filed, the same will be numbered immediately and if any interim application is filed, that may be disposed of as expeditiously as possible by the jurisdictional civil court.

3.With this liberty and direction to the civil court, this writ petition is disposed of. No costs.

10.01.2023 Index : Yes / No Internet : Yes / No NCC : Yes / No skm Issue order on 11.01.2023 2/4

G.R.SWAMINATHAN, J.

skm W.P(MD)No.595 of 2023 and WMP(MD)No.588 of 2023 3/4

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