Bakkiyam K v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 26.03.2024

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P(MD).No.24521 of 2023 K.Bakkiyam ... Petitioner Vs

1. The District Collector, Ramanathapuram District.

2. The General Manager, Central Co-Operative Bank, Ramanathapuram District.

3. The Branch Manager, Central Co-Operative Bank, Kadaladi Branch, Pallivasal Street, Ramanathapuram District.

... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the respondent nos. 1 to 3 to consider petitioner representation dated 29.08.2023 preferably within the time stipulation as fixed by this Court and consequently direct the 3rd 1/4

respondent by allowing petitioner to withdraw petitioner savings amount to the tune of Rs.85,736/-.

For Petitioner : Mr.R.Anand For R1 : Mr.M.Lingadurai Additional Government Pleader For R2 & R3 : Mr.D.Shanmugaraja Sethupathi

ORDER

Heard both sides.

2.The petitioner is maintaining account with the third respondent Bank. She had deposited certain sum of money in the account. The petitioner is now want to withdraw the same. The third respondent denied permission to the petitioner to withdraw the amount on the ground that her husband availed agricultural loan from the third respondent and had committed default. 3.It is further stated that the petitioner had not guaranteed for the loan availed by her husband.

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4.In these circumstances, I fail to understand as to how the third respondent can withhold the writ petitioner's deposit. The petitioner had submitted a request as early as on 29.08.2023 and this petition has been filed in the month of October 2023. Till date, the third respondent has not filed counter or passed any written order, rejecting the petitioner's claim. I direct the third respondent to permit the petitioner to withdraw her savings amount. 5.With the above direction, this writ petition is allowed. No costs. 26.03.2024 NCC : Yes / No Index : Yes / No Internet : Yes/ No LR To The District Collector, Ramanathapuram District.

G.R.SWAMINATHAN , J.

LR 3/4

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