Madras High CourtWP(MD)/13612/2017disposed of

S.Rahila Beevi v. The Branch Manager

2017-07-24Honourable Mr Justice R. Mahadevan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 24.07.2017

CORAM:

THE HONOURABLE MR.JUSTICE R.MAHADEVAN W.P(MD)No.13612 of 2017 S.Rahila Beevi ... Petitioner Vs.

The Branch Manager, Indian Bank, Natham Branch, Dindigul District.

... Respondent PRAYER: Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus to direct the respondent to dispose the petitioner's representation dated 07.06.2017 regarding to hand over the gold ornaments pledged by her with the respondent Bank for availing Mortgaged Jewel Loan cum Agriculture loan in Account Nos.6343652567, 6373831039 and 6382473728.

For Petitioner : Mr.D.Selvanayagam ******

O R D E R

This writ petition has been filed, seeking a Writ of Mandamus to direct the respondent to dispose of the petitioner's representation dated 07.06.2017 with regard to handing over the gold ornaments pledged by her with the respondent Bank for availing Mortgaged Jewel Loan cum Agriculture loan in Account Nos.6343652567, 6373831039 and 6382473728.

2. The grievance of the petitioner is that she has availed the Jewel mortgage loan cum agricultural loans from the respondent Bank after pledging her gold jewels. Thereafter, she repaid the loan amounts to the respondent Bank together with principal and interest on 03.04.2017, however, till date, the respondent did not hand over her gold ornaments. Therefore, the petitioner made a representation dated 07.06.2017 to the respondent seeking return of the gold ornaments pledged by her and the same has not been considered so far. Hence, the petitioner has come before this Court with the above prayer. https://hcservices.ecourts.gov.in/hcservices/

3. According to the learned Counsel for the petitioner, the entire loan amounts had already been settled by the petitioner

and the respondent Bank has received the entire amount, but, the pledged jewels have not been returned so far.

4. I have considered the submissions of the learned Counsel for the petitioner and perused the materials available on record.

5. Considering the nature of the relief sought for by the petitioner, this Court, without going into the merits of the petitioner's claim, directs the respondent to consider the representation of the petitioner dated 07.06.2017 and pass appropriate orders on its own merit and in accordance with law, after affording due opportunity of personal hearing to the petitioner, within a period of six weeks from the date of receipt of a copy of this order.

6. Accordingly, this writ petition is disposed of as above. No costs.

Sd/- Assistant Registrar(P&A) /True Copy/ Sub Assistant Registrar.

To:

The Branch Manager, Indian Bank, Natham Branch, Dindigul District.

+1CC to Mr.D.Selvanayagam, Advocate, SR.No.67408 W.P(MD)No.13612 of 2017 24.07.2017 RM AM/KP/SAR 2/17.08.2017/2P/3C https://hcservices.ecourts.gov.in/hcservices/