V.Muthaiyan, v. The Regional Director,
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 11.04.2017
CORAM:
THE HONOURABLE MR.JUSTICE T.S.SIVAGNANAM and THE HONOURABLE MR.JUSTICE P.VELMURUGAN W.P.(MD) No.893 of 2016 and W.M.P.(MD) No.678 of 2016 1.V.Muthaiyan 2.P.Vijayakumar 3.R.Kumar 4.P.Francis Raja 5.V.Viswanathan 6.S.Raja 7.K.Arockiaraj 8.M.Vasudevan 9.A.Rengarajan ... Petitioners -vs1.The Regional Director Reserve Bank of India South Zonal Office No.16, Rajaji Salai Fort Glacis, Chennai-600 001 2.The Managing Director State Bank of Travancore P.B.No.34, Poojapura Thiruvananthapuram-695 012 3.The Chief Vigilance Officer State Bank of Travancore P.B.No.34, Poojapura Thiruvananthapuram-695 012 4.The Deputy General Manager State Bank of Travancore 4th Floor, Centennial Square 6A, Dr.Ambedkar Road Kodambakkam, Chennai-600 024
5.The Chief Manager State Bank of Travancore Tiruchirappalli Branch No.34, Subbaiah Pillai Towers Chinnakadai Veethi Trichy-620 002 6.The Authorized Officer State Bank of Travancore Tiruchirappalli Branch No.34, Subbaiah Pillai Towers Chinnakadai Veethi Trichy-620 002 7.Suresh Thirumalai Proprietor Sri Aditya Builders No.9, SV Complex, 2nd Floor Musiri, Trichy District 8.Kattabomman Chief Manager State Bank of Travancore Tiruchirappalli Branch No.34, Subbaiah Pillai Towers Chinnakadai Veethi Trichy-620 002 ... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a writ of mandamus directing the respondents 1 to 3 herein to conduct enquiry on the petitioner's complaint, dated 15.12.2015, and take appropriate action against the respondents 7 and 8 herein.
For Petitioners: Mr.R.Subramanian For Respondents: Mr.R.Pandivel for R2 to R6 Mr.C.D.Johnson for R7 Mr.R.Boomirajan for R8 No appearance for R1
O R D E R
(Order of the Court by T.S.SIVAGNANAM, J.,) Heard Mr.R.Subramanian, learned counsel appearing for the petitioners, Mr.R.Pandivel, learned counsel appearing for the respondents 2 to 6, Mr.C.D.Johnson, learned counsel appearing for the seventh respondent and Mr.R.Boomirajan, learned counsel appearing for the eighth respondent and carefully perused the
materials placed on record.
2. None appeared on behalf of the first respondent.
3. The petitioners are borrowers of loan from the respondent - Bank. According to them, they have been cheated and fraud has been committed by the respondents 7 and 8. The eighth respondent is the Chief Manager of the State of Bank of Travancore, Tiruchirappalli Branch. The petitioners seek for an enquiry to be conducted against the respondents 7 and 8 and therefore, they seek for appropriate directions to the second respondent.
4. The learned counsel appearing for the respondents 2 to 6 would submit that a draft counter affidavit has been sent for approval.
5. The learned counsel appearing for the seventh respondent would submit that already a criminal case has been lodged against the respondents 7 and 8 and the matter is now pending before the Special Court for C.B.I.Cases at Madurai. Further, it is stated that against the eighth respondent, departmental action has been initiated.
6. Thus, in the light of the above, we feel that there would not be any necessity for filing counter as already action has been taken as against the respondents 7 and 8. The further grievance of the petitioner is that the eighth respondent is still continuing as Chief Manager. We do not wish to issue any direction in this regard, because it is for the second respondent to consider how it is to be dealt with.
7. The writ petition is disposed of with the above observations. No costs. Consequently, connected miscellaneous petitions are closed.
Sd/- Assistant Registrar (CS-I) /True copy/ Sub Assistant Registrar +1 CC to M/s.C.D.JOHNSON, Advocate, SR No. 51552 +1 CC to M/s.R.SUBRAMANIAN, Advocate, SR No. 51610 +1 CC to M/s.R.PANDIVEL, Advocate, SR No. 51437 KRK/SKM PSM/RR/20.04.2017/3P/4C W.P.(MD) No.893 of 2016 and W.M.P.(MD) No.678 of 2016 11.04.2017