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Madras High CourtWP(MD)/12444/2016withdrawn dismissed

Majilis-Ul-Ulama v. The Regional Manager

2024-11-21Honourable Mr Justice K.Kumaresh Babu6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 21.11.2024

CORAM

THE HONOURABLE MR.JUSTICE K.KUMARESH BABU and W.M.P.(MD)Nos.9430, 9431 of 2016, 19250, 19251, 21460 and 21462 of 2022 W.P.(MD)No.12444 of 2016:

1.Majilis-U1-Ulama, a regd. Society, Represented by its, General Secretary, A.Niyaz Ahammed 2.A.Niyaz Ahammed

...Petitioners

Vs State Bank of India, State Bank of India Building, Trichy District - 620 001.

State Bank of India, Khajamalai, 44/1/5B PKR Plaza, EVR College Road, Tiruchirapalli - 620 023.

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3.A.S.Ansar ... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India praying this Court to issue a Writ of Certiorarified Mandamus, to call or the records of the impugned order passed by the second respondent dated 30.06.2016 by freeze the account of the educational institutions run by the Majilis-U1-Ulama Society, quash the same and consequently directing the second respondent to defreeze the account. W.P.(MD)No.12445 of 2016:

1.Majilis-U1-Ulama, a regd. Society, Represented by its, General Secretary, A.Niyaz Ahammed 2.A.Niyaz Ahammed

...Petitioners

Vs Karur Vysya Bank, D-54, Ground Floor, LIC Building, Bharathiar Salai, Trichy District.

The Karur Vysya Bank, No.1, Mangamma Salai, K.K.Nagar, Trichy District.

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3.A.S.Ansar ... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India praying this Court to issue a Writ of Certiorarified Mandamus, to call or the records of the impugned order passed by the second respondent dated 29.06.2016 by freeze the account of the educational institutions run by the Majilis-U1-Ulama Society, quash the same and consequently directing the second respondent to defreeze the account. (In Both Writ Petitions):

For Petitioners : Ms.S.Mahalakshmi For R-1 and R-2 : No Appearance For R-3 : Mr.P.Arun Jayatram COMMON ORDER When the matter came up for hearing, the learned counsel appearing on behalf of the petitioners seeks permission of this Court to withdraw the Writ Petitions and also to grant liberty to approach the civil court. He also made an endorsement to that effect. 3/6

2. Hence, permission is granted and accordingly, the Writ Petitions are dismissed as withdrawn with liberty to the parties to approach the appropriate civil court to redress their grievances. If they approach the civil court, the period of pendency of the writ petitions shall stand excluded while calculating the period of limitation for instituting a suit. There shall be no order as to costs. Consequently, connected miscellaneous petitions are closed.

21.11.2024 NCC:yes/no Index:yes/no Internet:yes/no Nsr To:

State Bank of India, State Bank of India Building, Trichy District - 620 001.

State Bank of India, Khajamalai, 44/1/5B PKR Plaza, EVR College Road, Tiruchirapalli - 620 023.

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3.The Regional Manager, Karur Vysya Bank, D-54, Ground Floor, LIC Building, Bharathiar Salai, Trichy District.

4.The Branch Manager, The Karur Vysya Bank, No.1, Mangamma Salai, K.K.Nagar, Trichy District.

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K.KUMARESH BABU , J.

Nsr 21.11.2024 6/6