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Madras High CourtWP(MD)/21244/2019allowed

T.Lakshmi v. A.Subburaj

2023-09-21Honourable Mr Justice G.R.Swaminathan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 21.09.2023

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P(MD)No.21244 of 2019 and W.M.P(MD)Nos.17056 to 17057 of 2023 T.Lakshmi ... Petitioner Vs.

A.Subburaj ... Respondent Prayer: Writ petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondent to pass an appropriate order as per the direction of this Court dated 25.01.2016 passed in W.P(MD)No.1494 of 2016 to pay the matured two deposits amounts to the tune of Rs.20,00,000/- (Rupees Twenty Lakhs only) to the petitioner in respect of FDR Nos. 112653 and 112654 and each FDR contains Rs.10,00,000/- (Rupees Ten Lakhs only) together with interest till the actual payment of the said fixed deposit amounts by the said Bank and also eligible interest for non-payment of maturity amount on the due date of maturity i.e., on 03.09.2014 within the time stipulated by this Court.

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For Petitioner : Mr.V.R.Venkatesan For Respondent : Mr.D.Gandhiraj Special Government Pleader

ORDER

Heard both sides.

2. The petitioner had deposited Rs.20,00,000/- (Rupees Twenty Lakhs only) in the respondent Society. She wants it back.

3. The learned Special Government Pleader appearing for the respondent would submit that the writ petition itself is not maintainable. The stand of the respondent is well founded. Realising that the writ petition may not lie, the petitioner through her counsel informs that Court that she will be satisfied if the deposited amounts are returned with interest at the rate of 6% per annum.

4. Recording the said submission, I direct the Society to return the deposited amount to the writ petitioner herein with interest at the 2/4

rate of 6% per annum within a period of four weeks form the date of receipt of a copy of this order.

5. This writ petition is allowed accordingly. There shall be no order as to costs. Consequently, connected miscellaneous petitions are closed.

21.09.2023 NCC : Yes / No Index : Yes / No Internet : Yes / No MGA 3/4

G.R.SWAMINATHAN,J.

MGA W.P(MD)No.21244 of 2019 and W.M.P(MD)Nos.17056 to 17057 of 2023 21.09.2023 4/4