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Madras High CourtWP(MD)/5864/2022dismissed

Shanthi .S v. The General Manager

2025-02-06Honourable Mr.Justice Vivek Kumar Singh6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 06.02.2025

CORAM:

THE HONOURABLE MR.JUSTICE VIVEK KUMAR SINGH S.Shanthi (Died) S.Nirmal Kumar : Petitioner (Substituted by order dated 06.02.2025 in WMP(MD) No.23405 of 2024) Vs.

1. The General Manager, Strategic Planning and Development Wing, Canara Bank, Head Office.

112, JC Road, Bangalore - 560 002.

2. The Deputy General Manager, Canara Banks Circle Office, St Mary Campus, East Veli Street, Madurai District.

3. The Branch Manager, Branch Code 1017, Canara Bank, Periyakulam Branch, 48, Madurai Road, JC Complex, Periyakulam, Theni District.

: Respondents 1/6

P RAYER:

Writ Petitions filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the 2nd respondent to issue the petitioners bank account statement in SB-1017101031789 in the 3rd respondent branch for the period between 27.02.2004 and 01.02.2005 within the period that may be stipulated by this Honble Court. For Petitioners : Mr.C.Venkatesh Kumar for M/s.Ajmal Associates For Respondents : Mr.N.Dilip Kumar

O R D E R

This writ petition has been filed for issuance of a writ of mandamus, directing the respondent to issue the petitioner's bank account statement for a period between 27.02.2004 and 01.02.2005.

2. The case of the petitioner is that the mother of the petitioner, along with two other persons, opened a bank account on 15.03.2004 for the benefit of Periyakulam Nagar Thenkarai Vaniga Vysya Kula Mahalir Munnetra Sangam in the third respondent bank. The petitioner claims that at later point of time, his mother came to know that the said account was actually opened on 27.02.2004 itself. It is further 2/6

stated by the petitioner that upon learning of the fact that there was an account maintained in the name of his grandfather's Trust, the third respondent bank, along with some other third parties, swindled the amount during the period from 27.02.2004 to 01.02.2005. In this context, several representations and complaints were submitted to the respondents by the mother of the petitioner for the issuance of bank statements for the said period. Since the same were not considered, the petitioner has filed the present writ petition.

3. Mr.N.Dilip Kumar, learned counsel appearing for the respondent bank submitted that the petitioner died on 10.08.2024 and that the joint account, which is the subject matter of this writ petition, was in the name of Periyakulam Nagar Thenkarai Vaniga Vysya Kula Mahalir Munnetra Sangam. Therefore, the son of the petitioner does not have locus standi in relation to the said joint account.

4. Heard the learned counsel for the petitioner and the learned counsel appearing on behalf of the respondent bank. 3/6

5. Admittedly, the mother of the petitioner died on 10.08.2024. The joint account in question was held in the name of the Sangam and maintained by other two account holders along with the mother of the petitioner. The petitioner raises various allegations against the respondent bank however, there is nothing in the record to substantiate the petitioner's claim. The petitioner's submission is vague and lacks merit to support the allegations made against the respondent bank. Hence, this Writ Petition lacks bona fides and is accordingly dismissed. No costs.

06.02.2025 Index : Yes / No Internet : Yes / No PKN 4/6

To

1. The General Manager, Strategic Planning and Development Wing, Canara Bank, Head Office.

112, JC Road, Bangalore - 560 002.

2. The Deputy General Manager, Canara Banks Circle Office, St Mary Campus, East Veli Street, Madurai District.

3. The Branch Manager, Branch Code 1017, Canara Bank, Periyakulam Branch, 48, Madurai Road, JC Complex, Periyakulam, Theni District.

5/6

VIVEK KUMAR SINGH, J.

PKN W.P.(MD) No.5864 of 2022 06.02.2025 6/6