Madras High Court
S.Palanivel vs The Regional Director on 22 August, 2023
W.A.No.887 of 2015
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 22.08.2023
CORAM :
THE HON'BLE MR. JUSTICE D.KRISHNAKUMAR
AND
THE HON'BLE MR.JUSTICE P.B.BALAJI
W.A.No.887 of 2015
S.Palanivel .. Appellant
v.
1. The Regional Director
The Reserve Bank of India
No.16, Rajaji Salai
Chennai 600 001
2. The District Collector
Erode District
Erode
3. The Assistant General Manager
State Bank of India
Erode District
Erode
4. The Superintendent of Police
Erode District
Erode
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W.A.No.887 of 2015
5. Mr.Ravichandran
The Chief Manager
State Bank of India
Erode District
Erode
6. Mr.Siva Subramaniam
Inspector of Police
Modakurichi Police Station
Erode
7. Mrs.Gomathy
Sub-Inspector of Police
Modakurichi Police Station
Erode .. Respondents
Writ Appeal filed under Clause 15 of the Letters Patent, against the
order dated 11.06.2015 made in W.P.No.23493 of 2014.
For Appellant :: Mr.N.G.R.Prasad
For Respondents :: No appearance for R1
Mr.U.M.Ravichandran
Special Government Pleader for
R2 & R4
Mr.K.Chandrasekaran for R3 & R5
Not ready in notice reg R6 & R7
JUDGMENT
(Judgment of the Court was made by D.KRISHNAKUMAR,J.)
The appellant herein filed the Writ Petition No.23493 of 2014
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W.A.No.887 of 2015
seeking a mandamus to the respondents 1 to 4 to take suitable action against
the respondents 5 to 7 for their illegal and unlawful activity in abducting the
appellant's Chevrolet car bearing Registration No.TN 33 AT 9556 on the
basis of his representations dated 04.08.2014, 05.08.2014 and 13.08.2014.
The writ Court, accepting the averments made by the respondent Bank in
the counter affidavit, dismissed the writ petition by directing the sixth
respondent to take appropriate action against the appellant/writ petitioner
for illegally confining the bank officials and others. Aggrieved thereby, the
present intra-Court appeal has been filed.
2. Mr.N.G.R.Prasad, learned counsel appearing for the appellant
fairly submitted that the order passed by the writ Court is erroneous, for the
simple reason that there is no report submitted to the Court showing that the
complaint given by the appellant is false. But strangely, accepting the
averments made in the counter affidavit filed by the respondent Bank, the
writ Court has directed the sixth respondent to take appropriate action
against the appellant for the alleged illegal confinement of the bank
officials. In the meanwhile, the seized vehicle has already been sold to a
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W.A.No.887 of 2015
third party. The learned counsel also submitted that at the instance of the
appellant, the State Human Rights Commission, by an order dated 2.9.2014,
has also directed the Superintendent of Police, Erode to enquire into the
matter and take necessary action. When the further report on such enquiry
has not been communicated to the appellant, the learned counsel pleaded
that the impugned order may be set aside with liberty to the appellant to
pursue his further action in accordance with law.
3. The learned Special Government Pleader appearing for the
respondents 2 & 4 has no serious objection for granting such liberty to the
appellant.
4. The learned counsel appearing for the respondents 3 & 5 submitted
that when the appellant voluntarily surrendered the vehicle in question to
the officials of the respondent Bank for his default in repayment of the loan,
it is not open to the appellant to prefer the complaint against the respondent
bank officials.
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W.A.No.887 of 2015
5. Having heard the learned counsels appearing for the parties and on
perusal of the records, we could see that the impugned order has been
passed by the writ Court merely relying upon the averments made by the
respondent Bank in the counter affidavit and there is no other material
placed before the Court to show that the complaint made by the appellant is
found to be false. In such circumstances, without expressing any opinion on
the merits of the case, the order passed by the writ Court is set aside and the
appellant is granted liberty to pursue his further action in accordance with
law. With this observation, the writ appeal stands disposed of.
Consequently, M.P.Nos.1 & 2 of 2015 are closed. There shall be no order as
to costs.
(D.K.K.,J.) (P.B.B,J.)
Index : yes/no 22.08.2023
Neutral citation : yes/no
ss
To
1. The Regional Director
The Reserve Bank of India
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W.A.No.887 of 2015
No.16, Rajaji Salai
Chennai 600 001
2. The District Collector
Erode District
Erode
3. The Assistant General Manager
State Bank of India
Erode District
Erode
4. The Superintendent of Police
Erode District
Erode
5. The Inspector of Police
Modakurichi Police Station
Erode
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W.A.No.887 of 2015
D.KRISHNAKUMAR,J.
AND
P.B.BALAJI,J.
ss
W.A.No.887 of 2015
22.08.2023
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