Junaid Ahmed v. Reserve Bank Of India
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 22.05.2024
CORAM:
THE HONOURABLE MS.JUSTICE R.N.MANJULA W.P.(MD) No.11315 of 2024 Junaid Ahmed ... Petitioner Vs.
1.Reserve Bank of India Rep. by the Deputy General Manager, RBI, 16, Rajaji Salai, Fort Glacis, Chennai, Tamil Nadu, RDCHENNAI@RBI.ORG.IN, Pin - 600 001.
2.The Branch Manager ICICI Bank, Poonamallee Branch, Chennai.
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3.The Branch Manager HDFC Bank, Ambur Branch, No.10/B, Sri Narayana Krishna Complex, MC Street, Ambur, Vellore District.
4.The Inspector of Police CCD - III, Virudhunagar.
... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus directing the respondents to unfreeze my Current A/c.No.154605003372 savings Bank A/c.No.154601514480 in 2nd respondent Bank and to unfreeze petitioner Savings Bank A/c.50100105409820 in 3rd respondent bank by considering the petitioner's representation dated 02.05.2024.
For Petitioner : Mr.B.Ramnath For Respondents: Mr.RMS.Sethuraman - for R4 Additional Public Prosecutor 2/7
ORDER
The petitioner has filed this Writ Petition seeking a Writ of Mandamus to direct the respondents to unfreeze my Current A/c.No.154605003372 savings Bank A/c.No. 154601514480 in 2nd respondent Bank and to unfreeze petitioner Savings Bank A/c.50100105409820 in 3rd respondent bank by considering the petitioner's representation dated 02.05.2024.
2. Heard Mr.B.Ramnath, learned counsel for the petitioner and Mr.RMS.Sethuraman, learned Additional Public Prosecutor for the fourth respondent.
3. In view of the order now passed by this Court, notice to the respondents 1 to 3 is dispensed with.
4. By consent of both parties, this Writ Petition is taken up for final disposal at the stage of admission itself. 3/7
5. The petitioner herein had given a representation to the respondents on 02.05.2024 seeking to unfreeze the Current Account of the petitioner in 2nd respondent Bank and Savings Bank Account in 3rd respondent bank. Since the said representation was not considered by the respondents so far, the present writ petition has been filed.
6. It is needless to point out that whenever a representation of this nature is made to a Statutory Authority, there is a duty cast upon the respondents to consider the same on its own merits and pass appropriate orders in one way or other, instead of keeping the same pending indefinitely. As such, non-consideration of the representation by the Statutory Authority would amount to dereliction of duty. The failure on the part of the authority had prompted the petitioner to file this petition for seeking relief through issuance of Writ of Mandamus. As the petitioner has made out a case for invoking the extraordinary powers of this Court under 4/7
Article 226 of the Constitution of India, the respondents are required to be given with a direction to consider the representation of the petitioner within a specified time frame.
7. In the light of the above observations, the Writ Petition stands disposed of with a direction to the respondents herein to consider the petitioner's representation dated 02.05.2024 on merits and pass appropriate orders in accordance with law, within a period of two weeks from the date of receipt of a copy of this order. It is made clear that this Court has not gone into the merits of the claim of the petitioner and it is open to the respondents to consider the same on its own merits. No costs. 22.05.2024 Index : Yes / No Internet : Yes / No NCC : Yes / No RM 5/7
To 1.The Inspector of Police CCD - III, Virudhunagar.
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R.N.MANJULA , J.
RM Order made in W.P.(MD)No.11315 of 2024 22.05.2024 7/7