Vilvamoorthy v. The Commissioner
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 09.01.2025
CORAM:
THE HON'BLE MR.JUSTICE R.VIJAYAKUMAR Vilvamoorthy ... Petitioner Vs.
1. The Commissioner, Hindu Religious and Charitable Endowments Department, Nungambakkam, Chennai - 600 003.
2. The Joint Commissioner, Hindu Religious and Charitable Endowments Department, Muthuchamy Road, Sivagangai.
3. The Branch Manager, State Bank of India, 22, Vadakur Main Road, Muthukulathur Branch, Muthukulathur, Ramanathapuram District.
4. The Inspector of Police, Thiruppuvanam Police Station, Sivagangai District.
... Respondents 1/4
Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, to direct the 1st and 2nd respondents to defreeze petitioner's salary account in bearing No. 36617045980 which is maintained by the 3rd respondent bank by consider petitioner's representation dated 05.02.2024. For Petitioner : Mr.A.Uthaya Kumar For R1 & R2 : Mr.B.Saravanan Additional Government Pleader For R3 : Mr.V.Balasubramanian
ORDER
The instant Writ Petition has been filed by the Assistant Commissioner of HR & CE, who is under suspension seeking for a mandamus as against the 1st Respondent herein to defreeze the Petitioner's salary account bearing No.36617045980.
2. A perusal of the records reveal that the Writ Petitioner has been implicated in a criminal case for misappropriation of funds for a sum of Rs.40,00,000/- and under the instructions of the police officials, the 3rd Respondent bank has frozen the salary account of the Writ Petitioner. 2/4
3. In such circumstances, the Respondents 1 and 2 are not the competent authorities to pass any orders to defreeze the Writ Petitioner's bank account. That apart, it is brought to the notice of the Court that the Writ Petitioner is receiving subsistence allowance through another bank account.
4. In view of the above said facts, the Writ Petition stands disposed of with liberty to the Writ Petitioner to approach the appropriate Court seeking relief as against the 4th Respondent for defreezing the Writ Petitioner's bank account. No costs.
09.01.2025 NCC :yes/No Index :yes/No Internet:yes/No rgm 3/4
R.VIJAYAKUMAR , J.
rgm To
1. The Commissioner, Hindu Religious and Charitable Endowments Department, Nungambakkam, Chennai - 600 003.
2. The Joint Commissioner, Hindu Religious and Charitable Endowments Department, Muthuchamy Road, Sivagangai.
3. The Branch Manager, State Bank of India, 22, Vadakur Main Road, Muthukulathur Branch, Muthukulathur, Ramanathapuram District.
4. The Inspector of Police, Thiruppuvanam Police Station, Sivagangai District 09.01.2025 4/4