Madras High CourtWP(MD)/27369/2024disposed of

T.Ayyappan v. Union Of India

2025-01-23Honourable Mrs Justice L.Victoria Gowri6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 23.01.2025

CORAM:

THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI T.Ayyappan ... Petitioner Vs.

1. Union of India, Represented by its Secretary, Ministry of Home Affairs, New Delhi.

2. The Reserve Bank of India, Represented by its Governor, Head Office,Mumbai, Maharastra - 400 029.

3. National Cyber Crime Reporting Portal, Represented by its Director, National Highway - 8, Mahipalpur, New Delhi - 110 037.

4. The Manager, State Bank of India, Palani Town Branch, Dindigul District.

5. The Inspector of Police, Cyber Crime Division III (CCD III), Dindigul District.

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6. The Inspector of Police,, Cyber Police Station, 1st Floor, Yendada Junction, Vishakapatnam City, Andhra Pradesh - 530 045.

(R6 is impleaded vide Court order dated 21.11.2024 in WMP(MD)No.23670 of 2024 in W.P.(MD)No.27369 of 2024) ... Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, to direct the 4th respondent bank herein to make a lien only for a sum of Rs.40,000/- from the SB account of the petitioner in State Bank of India Account Number 00000020178742746, IFSC - SBIN0016549, Branch - Palani Town and to de-freeze the petitioner's account and permit the petitioner to operate the account. For Petitioner : Mr.Porkodikarnan for M/s.Polax Legal Solutions For R-1 : Mr.T.Kuttalanathar Central Government Standing Counsel For R-4 : Mr.Anwar Sameem Standing Counsel For R-5 : Mr.K.Gnanasekaran Government Advocate (Crl. Side) For R-6 : No appearance 2/6

ORDER

This writ petition is filed seeking to direct the fourth respondent Bank to de-freeze the petitioner's State Bank of India bearing Account No. 00000020178742746, IFSC - SBIN0016549, Branch - Palani Town, Dindigul District.

2. When the matter came up for hearing, the learned Standing Counsel appearing for the fourth respondent submitted that already an amount of Rs.40,000/- has been transferred to the petitioner's account in respect of the intimation received from the fifth respondent on the basis of the direction of the Chief Metropolitan Magistrate, Visakhapatnam. He further submitted that the fourth respondent Bank is also further required to mark a lien for the remaining amount of Rs.40,000 maintained by the petitioner.

3. Recording the said submission, this Court hereby direct the fourth respondent Bank to de-freeze the petitioner's account by marking a lien of Rs.40,000/- and thereafter, permit the petitioner to operate the said account with respect to the other amount which is maintained by the petitioner. 3/6

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