Jeyaprakash v. The Managing Director

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 04.02.2025

CORAM:

THE HONOURABLE MR.JUSTICE VIVEK KUMAR SINGH Jeyaprakash : Petitioner Vs.

1. The Managing Director, Bank of Baroda, Head Office, Baroda Bhavan, RC Dutt Road, Alkapuri, Baroda 390 007, State of Gujarat.

2. The Regional Manager, Bank of Baroda, Apollo Pharmacy, No. 90, 2nd Floor, C.P. Ramaswamy Road, Opposite, Mowbrays Road, Sri Labdhi Colony, Sriram Colony, Alwarpet.

3. The Branch Manager, Bank of Baroda, Dindigul Branch, Dindigul.

4. M. Chinnachamy : Respondents 1/6

P RAYER:

Writ Petitions filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the respondents 1 and 2 to take action against the 3rd and 4th respondents based on the petitioners representation dated 28.12.2024 within the stipulated time as that may be fixed by this Hon'ble Court.

For Petitioner : Mr.N.Madhava Govindan For Respondents : Mr.P.Pethurajesh for R1 to R3

O R D E R

This writ petition has been filed seeking for a mandamus to the respondents 1 and 2 to initiate action against the respondents 3 and 4 by considering the petitioner's representation dated 28.12.2024.

2. Heard the learned counsel for the petitioner and Mr.P.Pethurajesh, learned counsel appearing on behalf of respondents 1 to 3. By consent of both parties, the Writ Petition is taken up for final disposal at the admission stage itself. Having regard to the nature of the order proposed to be passed in this writ petition, notice to the fourth respondent is dispensed with.

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3. The case of the petitioner is that the petitioner's father purchased a property measuring 84 1⁄2 cents in Sithalakundu Village, Dindigul Taluk, Dindigul District, on 27.10.1993. After the demise of the petitioner's father on 02.12.2022, heand other legal heirs have been in possession and enjoyment of the property. The main grievance of the petitioner is that one Chinnasamy and others, in collusion with bank officials, have fraudulently obtained a loan of Rs.10,00,000/- by creating forged documents relating to this property. Aggrieved over the same, the petitioner has made a representation dated 28.12.2024 to the respondents 1 and 2 to initiate action against the respondents 3 and 4. Since the said representation has not been considered, the petitioner has filed the present writ petition.

4. Learned counsel for the petitioner would further submit that the petitioner would be satisfied if a direction is issued to the respondents 1 and 2 to consider the representation of the petitioner dated 28.12.2024 within a time frame, for which, the learned counsel for the Bank has agreed.

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5. Considering the nature of grievance expressed by the petitioner, without going into the merits of the case, this Court directs the respondents 1 and 2 to consider the representation of the petitioner dated 28.12.2024, on its own merits and in accordance with law and pass appropriate orders within a period of four weeks from the date of receipt of a copy of this order.

6. This writ petition stands disposed of with the above directions. There shall be no order as to costs. 04.02.2025 Index : Yes / No Internet : Yes / No PKN 4/6

To

1. The Managing Director, Bank of Baroda, Head Office, Baroda Bhavan, RC Dutt Road, Alkapuri, Baroda 390 007, State of Gujarat.

2. The Regional Manager, Bank of Baroda, Apollo Pharmacy, No. 90, 2nd Floor, C.P. Ramaswamy Road, Opposite, Mowbrays Road, Sri Labdhi Colony, Sriram Colony, Alwarpet.

3. The Branch Manager, Bank of Baroda, Dindigul Branch, Dindigul.

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VIVEK KUMAR SINGH, J.

PKN W.P.(MD) No.3281 of 2025 04.02.2025 6/6