Madras High Court
Viwin John Thangaraj vs The Branch Manager on 23 April, 2025
W.P.(MD)No.1906 of 2025
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 23.04.2025
CORAM
THE HON'BLE MR.JUSTICE P.DHANABAL
W.P.(MD)No.1906 of 2025
Viwin John Thangaraj
... Petitioner
Vs.
1. The Branch Manager,
Indian Overseas Bank,
Mela Krishnan Pudur, Nagacoil.
2. Swapansaha
3. The Inspector of Police,
Police Commissionerate, Baguiat,
Bidhannagar, West Bengal
..Respondents
PRAYER : Writ Petition filed under Article 226 of the Constitution of
India, seeking a Writ of Mandamus directing the 1st respondent to de-
freeze the petitioner's Current account no.355502000000033 to operate
regular money transaction in the 1st respondent's bank.
For Petitioner : Mr.S.Alagarsamy
For Respondents : Mr. N.Dilip Kumar (R1)
Standing Counsel
No Appearance (R2,R3)
1/5
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W.P.(MD)No.1906 of 2025
ORDER
The prayer sought for in the present writ petition is to direct
the 1st respondent to de-freeze the petitioner's Current account no.
355502000000033 to operate regular money transaction in the 1st
respondent's bank.
2. The learned counsel appearing for the petitioner would
submit that the petitioner is having an account in Indian Overseas Bank,
Mela Krishnan Pudur Branch with account No.355502000000033. While
so, he tried to withdraw money from the bank, but he came to know that
the account was frozen. Thereafter, he was informed by the bank officials
that his account was frozen based on the cyber fraud complaint.
Therefore, he made a representation dated 07.10.2024 to the 1st
respondent to defreeze the bank account, but no response till date.
Hence, this petition.
3. The learned counsel appearing for the 1st respondent would
submit that based on the cyber fraud complaint, the bank account of the
petitioner was freezed, therefore the petition is liable to be dismissed.
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4. Heard both sides and perused the materials available on record.
5. According to the petitioner, his account lying in Indian
Overseas Bank, Mela Krishnan Pudur Branch with account No.
355502000000033 was frozen based on the cyber fraud complaint. The
learned counsel appearing for the petitioner relied on the judgment
passed by this Court in the case of Mohammed Saifullah /vs/ Reserve
Bank of India, Rep. by its Governor, Head Office at 16th Floor,
Central Office Building, Shahid Bhagat Singh Road, Mumbai- 400
001, wherein this Court after referring to the circular issued by the
Commissioner of Police, Greater Chennai, directed the respondents to
de-freeze the account and keep a lien over the disputed amount and the
petitioner shall operate his account subject to the condition that he shall
ensure that the account shall always minimum balance of disputed
amount.
6.In view of the aforesaid decisions, it is appropriate to direct the
first respondent bank to defreeze the account of the petitioner with some
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conditions. In this case, the disputed amount is Rs.5 lakhs/-. Therefore
the first respondent bank is directed to defreeze account forthwith and
keep lien over the disputed amount of Rs.5 lakhs/-. Further the petitioner
is also directed to ensure that the account shall always have a minimum
amount of Rs.5 lakhs/-.
7. With the above directions, this Writ Petition is partly allowed.
23.04.2025
NCC : Yes / No
Index : Yes / No
PNM
To
1. The Branch Manager,
Indian Overseas Bank,
Mela Krishnan Pudur, Nagacoil.
2.The Additional Public Prosecutor,
Madurai Bench of Madras High Court, Madurai.
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P.DHANABAL, J.
PNM
23.04.2025
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