← Library
Madras High CourtWP(MD)/9638/2024disposed of

M.Devadoss v. The Superintendent Of Police

2025-02-19Honourable Mr.Justice Vivek Kumar Singh5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 19.02.2025

CORAM:

THE HONOURABLE MR.JUSTICE VIVEK KUMAR SINGH W.P.(MD)Nos.9638 to 9640 of 2024 1.M.Devadoss : Petitioner in WP(MD) No.9638 of 2024 2.M.Kaliapparaj : Petitioner in WP(MD) No.9639 of 2024 3.R.Saravanan : Petitioner in WP(MD) No.9640 of 2024 Vs.

1. The Superintendent of Police, Thoothukudi District, Thoothukudi.

2. The Deputy Registrar, O/o. the Deputy Registrar of Cooperative Society, Thoothukudi District, Thoothukudi.

3. The Assistant Registrar, O/o. the Assistant Registrar of Cooperative Society, Kovilpatti, Thoothukudi District.

4. The Inspector of Police, District Crime Branch, Thoothukudi District.

5. The Cooperative Sub Registrar, / Managing Director, No. A.393 Kovilpatti Cooperative Urban Bank Ltd, Kovilpatti, Thoothukudi District.

6. P.Premkumar : Respondents ( in all petitions ).

1/5

COMMON P RAYER:

Writ Petitions filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the respondents no. 3 and 5 to reimburse the total sum of Rs. 3,76,000 /- which was deposited in A/c.No. G-01432, Rs. 3,33,000 /- which was deposited in A/c.No. G-01404 and Rs. 2,46,000 /- which was deposited in A/c.No. (*)G-01348 and Rs. 44,500 /- deposited in A/c.No. G - 01458 respectively on the file of the 5th respondent's bank at Velayuthapuram Branch, Kovilpatti, Thoothukudi District.

For Petitioners : Mr. B.Prasanna Vinoth (in all petitions) For Respondents : Mr.J.K.Jeyaseelan Government Advocate for R2, R3 & R5 (in all petitions) Mr.K.Gnanasekaran Government Advocate (Crl. Side) for R1 and R4 COMMON ORDER These Writ Petitions have been filed seeking a direction to the respondents 3 to 5 to reimburse the total amount of Rs. 3,76,000/- deposited in A/c.No. G-01432, Rs. 3,33,000/- deposited in A/c.No. G-01404 and (*)Rs. 2,46,000/- deposited in A/c.No. G-01348 and Rs. 44,500/- deposited in A/c.No. G-01458 respectively, from the fifth respondent bank. 2/5

2. The case of the petitioners is that for the past 15 years, they have been depositing amounts into their respective savings accounts maintained with the fifth respondent bank. Every week, the sixth respondent, who was an agent of the fifth respondent bank, would collect the amounts from the petitioners and deposit them into the bank accounts. However, on 11.04.2023, it was found that the sixth respondent had made irregular entries and failed to deposit the amounts into the petitioners' accounts. The main allegation is that the fifth respondent, in collusion with the sixth respondent, misappropriated the funds of the petitioners. As public authorities, the respondents were responsible for safeguarding the savings in the bank accounts. However, they failed to take action and as a result, the petitioners have approached this Court by filing these writ petitions.

3. Mr.J.K.Jeyaseelan, learned Government Advocate appearing on behalf of the respondents 1, 3 and 5 submitted that the deposits made by the petitioners were misappropriated by the collection agent of the bank and the disciplinary proceedings against the sixth respondent is still pending. However, the amounts of the petitioners shall be settled within a period of 12 weeks.

4. Upon considering the facts of the case coupled and the submissions made by the learned Government Advocate, these writ petitions are disposed of, by directing the fifth respondent bank to settle the amounts payable to the petitioners, 3/5

within a period of 12 weeks from the date of receipt of a copy of this order. The petitioners are at liberty to approach this Court, if the fifth respondent bank fails to comply with the terms of this order. There shall be no order as to costs. Sd/- 19/02/2025 (*)Corrected as per the order of this Hon'ble court dated 24.04.2025 in WP(MD).Nos.9638 to 9640 of 2024.

Sd/- ASSISTANT REGISTRAR ( CS - III ) // True Copy // / /2025 Sub Assistant Registrar( ) PKN To be substituted to the order already despatched on 23.04.2025 To

1. The Superintendent of Police, Thoothukudi District, Thoothukudi.

2. The Deputy Registrar, O/o. the Deputy Registrar of Cooperative Society, Thoothukudi District, Thoothukudi.

3. The Assistant Registrar, O/o. the Assistant Registrar of Cooperative Society, Kovilpatti,Thoothukudi District.

4/5

4. The Inspector of Police, District Crime Branch, Thoothukudi District.

5.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

+3 CC to M/s.B.PRASANNA VINOTH, Advocate ( SR-10546[F] to 10548[F] dated 19/02/2025 ) +1 CC to M/s.SPL.GP ( SR-10998[F] dated 20/02/2025 ) W.P.(MD) Nos.9638 to 9640 of 2024 19.02.2025 AS - ( 05 .06.2025) 5P/ 10 C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023. 5/5