John Mento.M v. The Superintendent
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 16.04.2021 CORAM :
THE HONOURABLE MR.JUSTICE SATHI KUMAR SUKUMARA KURUP M.John Mento : Petitioner Vs.
1.The Superintendent, 2.The Inspector of Police, 3.The Branch Manager, Indian Bank, Muttom Branch, St.John's Primary School Road, Muttom 629 202, Kanyakumari District.
4.The Branch Manager, Tamil Nadu Mercantile Bank Ltd., Edalakudy Branch, Edalakudy, Kottar Post, Kanyakumari District.
: Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus, directing the 1st and 2nd respondents to de-freeze the petitioner's Current Account No.6699746562 and 6606043115 maintained with the 3rd respondent Bank and Current Account in A/c.No.92700050900409 maintained with the 4th respondent Bank and thereby direct the 3rd respondent to release his original document for the property mortgaged with his Bank in Loan Account No.6618435597 based on petitioner representation dated 25.11.2020 submitted to the 2nd respondent in person within the time limit that may be stipulated by this Court.
For Petitioner : Mr.M.Mohanasundaram For R1 & R2 : Mrs.L.Victoria Gowri Assistant Solicitor General of India For R4 : Mr.N. Dilip Kumar 1/3
ORDER
This Writ Petition has been filed to direct the respondents 1 and 2 to de-freeze the petitioner's Account Nos.6699746562 and 6606043115 maintained with the 3rd respondent Bank and the Account in A/c.No.92700050900409 maintained with the 4th respondent Bank and thereby to direct the 3rd respondent to release his original document for the property mortgaged with the Bank in Loan Account No.6618435597, by considering his representation dated 25.11.2020. 2.When the matter came up for hearing, the learned Assistant Solicitor General appearing for the respondents 1 and 2 would submit that a case is already pending before the learned Principal Sessions Judge for CBI cases, Chennai. She would therefore submit that the petitioner may be directed to approach the Court concerned for appropriate relief.
3.The learned counsel appearing for the petitioner has also agreed with the submission of the learned Assistant Solicitor General and prayed this Court that appropriate orders may be passed in this regard.
4.The learned counsel appearing for the 4th respondent would submit that the respondents 1 and 2 have issued summons to the petitioner, based on which, the petitioner's bank accounts have been frozen by the 4th respondent bank. He would further submit that if any order is passed by this Court, the 4th respondent is ready to obey with the same.
5.Based on the submission of the learned counsel on either side, the writ petition is dismissed with liberty to the petitioner to approach the Principal Sessions Judge for CBI Cases, Chennai, where, similar case is already pending as stated by the learned Assistant Solicitor General, to workout his remedy. No costs. Sd/- Assistant Registrar (W) // True Copy // / /2021 Sub Assistant Registrar(CS) To 1.The Superintendent, 2/3
2.The Inspector of Police, +1 CC to M/s.N.DILIPKUMAR, Advocate ( SR-16074[F] dated 16/04/2021 ) 16.04.2021 MJ(CO) KB(27.04.2021) 3P 4C 3/3