Madras High CourtWP(MD)/28026/2023allowed

Gokila.M v. The Branch Manager

2023-12-22Honourable Mr Justice G.R.Swaminathan4 pages

1 W.P.(MD)NO.28026 OF 2023 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 22.12.2023

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P.(MD)No.28026 of 2023 M.Gokila ... Petitioner Vs.

1. The Branch Manager, Canara Bank, Pudukkottai Road, Aranthangi - 614 616, Pudukkottai District.

2. The Inspector of Police, Enforcement Offence Wing, Pudukkottai District.

... Respondents Prayer: Writ petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the first respondent to return 30 grams of jewel pledged towards gold loan A/c.No.180125263523 by the petitioner, based on the petitioner's representation dated 28.08.2023 within the time frame.

For Petitioner : Mr.B.Prasanna Vinoth For R-1 : Mr.V.S.Karthi For R-2 : Mr.A.Albert James, Government Advocate.

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O R D E R

Heard both sides.

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2 W.P.(MD)NO.28026 OF 2023

2. The petitioner had pledged the petition-mentioned jewel with the first respondent bank. The petitioner has cleared the loan also. But the first respondent did not return the jewellery on account of the communication received from the second respondent.

3. The petitioner is not figuring as accused in any case. It is only her husband who has been implicated in a TNPID case. There is nothing on record to show that the petition-mentioned jewellery was purchased out of the deposited amount. The petitioner filed an affidavit stating that the jewellery was gifted by her father way back in the year 2000 on the eve of the petitioner's sister's marriage. There is nothing on record to show that the petition-mentioned jewellery is connected with the crime. Therefore, I direct the first respondent to return the petition-mentioned jewellery to the petitioner forthwith and without any delay. This writ petition stands allowed. No costs.

22.12.2023 NCC : Yes / No Index : Yes / No Internet : Yes/ No PMU 2/4

3 W.P.(MD)NO.28026 OF 2023 To:

The Inspector of Police, Enforcement Offence Wing, Pudukkottai District.

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4 W.P.(MD)NO.28026 OF 2023 G.R.SWAMINATHAN,J.

PMU W.P.(MD)No.28026 of 2023 22.12.2023 4/4