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Madras High CourtWP(MD)/22290/2022dismissed

The Management v. The Branch Manager

2025-09-17Honourable Ms. Justice P.T. Asha8 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 17.09.2025

CORAM:

THE HON'BLE MS.JUSTICE P.T.ASHA W.P.(MD).No.22290 of 2022 The Management T-A90 Cheranmadevi PU Government Aided Primary and Middle School Teachers Co-operative Thrift and Credit Society Ltd., Represented by its, Secretary, Petchiappan, S/o. Narayanan, Cheranmadevi, Tirunelveli District.

... Petitioner Vs.

1. The Branch Manager, The Tamil Nadu Grama Bank, VM Chatram Branch, VM Chatram Main Road, Tirunelveli District.

2. The Branch Manager, The State Bank of India, St.Xaviers College Branch, Palayamkottai, Tirunelveli District.

3. The Branch Manager, The State Bank of India, Keelanatham Branch, Tirunelveli District.

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4. The Branch Manager, Karnataka Bank HCL., Palayamkottai Branch, Tirunelveli District.

5. Livistan

6. Anandaraj Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the respondents No.2 to 4 to transfer the amount from the 5th and 6th respondents bank Saving Account which was transferred fraudulently vide (1) UTR No. IDIBR52022070160321543 dated 01.07.2022 for a sum of Rs.13,44,000/-

(2) UTR No. IDIBR5202063060321282 dated 30.06.2022 Rs.9,84,000/- and (3) UTR No.IDIBR52022070160321641 dated 01.07.2022 for a sum of Rs. 13,44,000/- to the petitioners Society Account No. 805176221 of Indian Bank Cheranmadevi Branch by considering the petitioner's representation dated 15.07.2022 and 10.08.2022 2/8

For Petitioner : Mr.D.Shanmugaraja Sethupathi For R1 : Mr.N.Dilipkumar For R2 & R3 : Mr.P.Pethurajesh For R4 : Mr.S.Karthikeyan For R5 : Mr.K.Jeyamohan For R6 : No Appearance

ORDER

1. The facts as set out in the affidavit filed in support of the writ petition are as follows:- The petitioner would submit that he is the Secretary of the petitioner's society which is a society registered under the Tamil Nadu Cooperatives Society Act, 1983. The main objective of the society was to lend money (loan) to eligible persons working in the aided primary school, middle school and others. The petitioner would submit that one Leena, working as the Secondary Grade Teacher in the RC Middle School, Veeravanallur had approached the petitioner society and obtained loan long ago. Likewise, on 13.06.2022, the said Leena along with four other persons had approached the society and applied for loan. The four persons are Maria Antoniammal, Alex Siluvai, Santhi and Mariya 3/8

Chelladuraipandian and the applications made by the aforesaid persons loan amount was disbursed to them. The following are the details of the loans given:- S.No. Name Sanctioned amount (Rs.) Cheque issued after deduction (Rs.) 1.

Mariya Antoniammal 15,00,000 13,44,631 2.

Alex Siluvai 13,00,000 11,64,631 3.

Santhi 15,00,000 13,44,631 4.

Mariya Chelladuraipandian 11,00,000 9,84,631

2. The petitioner would further submit that that the four persons had opened savings account with the 1st respondent bank and they had presented cheque for collection. After the amounts were created to their account these three persons transferred the amount through RTGS to other accounts which is detailed herein below:- 4/8

Sl.No. Sender Name Beneficiary Name & Account Beneficiary Bank Amount 1.

K.Santhi A.Lalingston A/C.No.

20096239673 St.Xaviers College Branch, Palayamkottai 13,44,000 2.

A.Maria Chelladurai Pandian Anandaraj A/C No.

20405218250 SBI, Keelanatham Branch 9,84,000 3.

G.Maria Anthoniammal A.Lalingston A/C.No.

7772500100374701 Karnataka Bank Ltd., Palayamkottai Branch 13,44,000

3. The petitioner would submit that thereafter while uploading the KYC details and when the pan numbers were compared they discovered that the entire transaction was illegal. The 1st respondent immediately contacted the beneficiary bank and informed them not to disburse the amount and requested to take immediate steps to recover the amounts.

4. The petitioner would submit that the illegal act were committed by Leena, Livistan and 4 others. The petitioner came to know that the said Leena who was working as a Secondary Grade Teacher in the RC Middle 5/8

School, Veeravanallur was the master mind behind the fraudulent activities. The Secretary of the petitioner's society therefore lodged a complaint with the Superintendent of Police, Tirunelveli and the complaint was forwarded to the District Crime Branch, Tirunelveli District and the case was registered against the said Leena and four others under various provisions of IPC. They were thereafter arrested. The petitioner would submit that they had called upon the beneficiary banks to repay the above amount which however, was not complied with. Therefore, they have come by way of a writ petition.

5. Heard the learned counsel on either side.

6. Admittedly, the investigation in the above matter is under way. The petitioner who is very concerned about the amounts not being fettered away would also benefit if the amounts lying with the respondents 2 to 4 which has been frozen at the behest of the investigating officer remains in the credit of the said beneficiary bank. Consequential relief claimed by the petitioner cannot be granted. It is needless to state that these amounts will remain in this deposit till the disposal of the criminal case. 6/8

7. With the above observations, the writ petition stands dismissed. No costs.

17.09.2025 NCC :yes/No Index :yes/No Internet:yes/No rgm 7/8

P.T.ASHA, J.

rgm To

1. The Branch Manager, The Tamil Nadu Grama Bank, VM Chatram Branch, VM Chatram Main Road, Tirunelveli District.

2. The Branch Manager, The State Bank of India, St.Xaviers College Branch, Palayamkottai, Tirunelveli District.

3. The Branch Manager, The State Bank of India, Keelanatham Branch, Tirunelveli District.

4. The Branch Manager, Karnataka Bank HCL., Palayamkottai Branch, Tirunelveli District.

W.P.(MD).No.22290 of 2022 17.09.2025 8/8