Sheik Munaf v. The Regional Director

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 23.01.2025

CORAM:

THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI Sheik Munaf ... Petitioner Vs.

1. The Regional Director, Reserve Bank of India, South Regional Head Office, 16, Rajaji Salai, Fort Glacis, Chennai.

2. xxxxx (R2 is deleted vide Court order dated 06.01.2025 in W.P.(MD)No.27232 of 2024)

3. The Branch Manager, IDBI Bank, No.64, Pandiyarajan Complex, Swami Vivekanandar Street,

4. The Branch Manager, Karur Vysya Bank, Bharathi Nagar Branch, No. 1/865, Madurai to Rameshwaram Road, Bharathi Nagar, 1/6

5. The Branch Manager, Tamilnadu Mercandile Bank, No.25, Sigil Raja Veedhi, 1st Floor Ramanathapuram,

6. The Inspector of Police, Cyber Crime Police Station,

7. The Inspector of Police, Bhilal Nagar Cyber Crime Police Station, Bhilal Nagar, Durg District, Chhattisgarh.

... Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, to direct the respondents 3 to 5 herein to forthwith de-freeze the frozen amount a sum of Rs.46,000 in petitioner's IDBI Bank A/C No. 1623102000010548, Ramanathapuram Branch and a sum of Rs. 4000/- in petitioner's Karur Vysya Bank A/C No. 1830155000038022 Ramanthapuram, Bharathi Nagar Branch and a sum of Rs.2000/- in petitioner's Tamilnadu Mercandile Bank A/C.No. 131100050315600 Ramanathapuram Branch and consequently, direct the respondents 3-5 to unblock the petitioner's bank accounts by considering the petitioner's representation dated 03.10.2024 in accordance with law, within the time stipulated by this Court. 2/6

For Petitioner : Mr.M.Gopika For R-1 : Mr.K.R.Laxman Standing Counsel For R-2 : Deleted For R-4 : Mr.V.Sukumar For R-6 : Mr.K.Gnanasekaran Government Advocate (Crl. Side) For R-3 & R-5 : No appearance

ORDER

This writ petition is filed seeking to direct the respondents 3 to 5 Bank to de-freeze the amount of Rs.46,000/- in the petitioner's IDBI Bank A/C.No. 1623102000105910, Ramanathapuram Branch, an amount of Rs.4000/- in the petitioner's Karur Vysya Bank A/C No.1830155000038022 Ramanthapuram, Bharathi Nagar Branch and an amount of Rs.2000/- in the petitioner's Tamilnadu Mercandile Bank A/C.No.131100050315600 Ramanathapuram Branch by considering the petitioner's representation dated 03.10.2024.

2. When the matter came up for hearing, the learned Government Advocate appearing for the sixth respondent submitted that the respondents 3 to 5 Bank had freezed the petitioner's account only based on the intimation 3/6

received from the seventh respondent.

3. In view of the same, this Court hereby direct the third respondent to de-freeze the petitioner's account in IDBI Bank A/C.No.1623102000105910, Ramanathapuram Branch, by marking a lien to an amount of Rs.46,000/- and permit the petitioner to operate the bank account. As far the fourth and fifth respondents Bank are concerned, the fourth respondent is directed to de-freeze the petitioner's account in Karur Vysya Bank A/C No.1830155000038022 Ramanthapuram, Bharathi Nagar Branch, by marking a lien to an amount of Rs.4,000/- and the fifth respondent is directed to de-freeze the petitioner's account in Tamilnadu Mercandile Bank A/C.No.131100050315600 Ramanathapuram Branch, by marking a lien to an amount of Rs.3,000/- and thereafter, permit the petitioner to operate the said account. Since, the second respondent is an unnecessary party in this case, the same is deleted.

4. With the above said direction, this Writ Petition is allowed. No costs. 23.01.2025 NCC : Yes / No Index : Yes / No jbr 4/6

TO:-

1. The Regional Director, Reserve Bank of India, South Regional Head Office, 16, Rajaji Salai, Fort Glacis, Chennai.

2. The Branch Manager, IDBI Bank, No.64, Pandiyarajan Complex, Swami Vivekanandar Street,

3. The Branch Manager, Karur Vysya Bank, Bharathi Nagar Branch, No. 1/865, Madurai to Rameshwaram Road, Bharathi Nagar,

4. The Branch Manager, Tamilnadu Mercandile Bank, No.25, Sigil Raja Veedhi, 1st Floor Ramanathapuram,

5. The Inspector of Police, Cyber Crime Police Station, 5/6

L.VICTORIA GOWRI, J.

jbr

6. The Inspector of Police, Bhilal Nagar Cyber Crime Police Station, Bhilal Nagar, Durg District, Chhattisgarh.

Order made in Dated 23.01.2025 6/6