Allowed

V. Baskaran, v. the Branch Manager

Madras HC23 Apr 2013WP(MD)/4923/2013

Case brief

AI extract

What is this about?

In a writ petition under Article 226, the Madurai Bench directed a bank to consider a customer's representation regarding unauthorized manual deductions from his salary account within eight weeks, finding insufficient notice was given.

What did the court decide?

A writ of Mandamus directing the respondent to consider and dispose of the petitioner's representation dated 02.03.2013 within eight weeks.

V. Baskaran, Vs the Branch Manager — Banking and Recovery | Madras HC (2013)

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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DATED: 23.04.2013

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CORAM:

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THE HONOURABLE MR.JUSTICE K.K.SASIDHARAN

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W.P.(MD)No.4923 of 2013

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V.Baskaran : Petitioner

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Vs. The Branch Manager, State Bank of India, T.S.R.Big Street, Kumbakonam, Thanjavur District. : Respondent

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PRAYER: Writ Petition is filed under Article 226 of the Constitution of India for the issue of a Writ of Mandamus directing the respondent to consider the petitioner's representation dated 02.03.2013 within a stipulated time.

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For Petitioner : Mr.M.Karunanithi For Respondent : Mr.S.Sethuraman Standing Counsel

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O R D E R

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The petitioner seeks a Writ of Mandamus directing the respondent to consider and dispose of his representation dated 02.03.2013 on merits.

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The petitioner is working as a Conductor in Tamil Nadu State Corporation, Kumbakonam Branch. The petitioner is maintaining savings account with the bank. His salary is credited in the said account. The grievance of the petitioner is that the bank is deducting a sum of Rs.3,000/- every month without issuing notice to him. This made the petitioner to submit a representation on 02.03.2013 before the respondent requesting the bank to permit him to operate the account and not to deduct any amount. Since there was no follow up action taken by the bank, the petitioner is before this Court.

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The learned Standing Counsel for the bank, on instructions, submitted that the petitioner has taken loan from the bank. Similarly, he stood as a surety for advancing loan to another person. The petitioner has agreed to deduct a sum of Rs.3,000/- from his account. It was only thereafter, the bank has started to deduct the amount.

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The petitioner has submitted a representation before the bank on 02.03.2013. There is nothing on record to show that the petitioner was https://hcservices.ecourts.gov.in/hcservices/ intimated the reason for withdrawal of the amount. Therefore, I am of the view that a direction should be issued to the respondent to consider and dispose of the representation.

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In the result, a Writ in the nature of a Writ of Mandamus is issued directing the respondent to consider and dispose of the representation submitted by the petitioner dated 02.03.2013, on merits and as per law. Such exercise shall be completed within a period of eight weeks from the date of receipt of a copy of this order.

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The Writ Petition is disposed of with the above direction. No costs.

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Sd/-

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Assistant Registrar(CO)

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/True Copy/

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Sub Assistant Registrar

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The Branch Manager, State Bank of India, T.S.R.Big Street, Kumbakonam, Thanjavur District.

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+1cc to Mr.M.Karunanithi Advocate, (Sr.No.23953) +1cc to Mr.S.Sethuraman Advocate, (Sr.No.23596)

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AA/07.05.2013/2p-4c/

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ORDER MADE IN W.P.(MD)No.4923 of 2013 23.04.2013

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https://hcservices.ecourts.gov.in/hcservices/

V. Baskaran, v. the Branch Manager

Case brief

What is this about?

What did the court decide?

V. Baskaran, v. the Branch Manager

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

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