Partly allowed¶29

Divakar v. The Authorized Officer / Branch Manager

Madras HC12 Sept 2025WP(MD)/24869/2025

Case brief

AI extract

What is this about?

Jewel loan redemption; pledge by missing mother (Manimegalai); banker bound to return pledged article only to the pledgor; Article 226 mandamus; Indian Bank, Thirukkattupalli Branch, Thanjavur; Loan Account No.7653044025; representation dated 22.07.2025; discharge of loan permitted, release of jewel conditional on pledgor's presence; writ petition partly allowed; no costs; W.P.(MD) No.24869 of 2025; Madras High Court Madurai Bench; Justice P.T. Asha; decided 12.09.2025.

What did the court decide?

Petitioner permitted to discharge the jewel loan in Loan Account No.7653044025; prayer for handing over the pledged jewel dismissed - the jewel can be released only upon the petitioner appearing along with his mother, who originally pledged it; no costs. ¶29

Divakar Vs The Authorized Officer / Branch Manager — Writ and Judicial Review | Madras HC (2025)

What the court decided

AI extract

Outcome

¶29

Issue for consideration

Whether the respondent bank can be directed by mandamus to permit the petitioner to discharge the jewel loan pending in Loan Account No.7653044025 and receive the jewel, based on his representation dated 22.07.2025. +1 more

¶17

Court's answer

The petitioner may be permitted to discharge the jewel loan amount.

¶24

Ratio / Principle

Ownership of the jewel is immaterial: the bank is bound to return the pledged article to the person who pledged it, i.e., the petitioner's mother Manimegalai.

¶24

Key takeaways

The pledged jewel shall be handed over by the respondent bank only upon the petitioner appearing along with his mother, who had originally pledged the jewel.ratio¶24
The Writ Petition is partly allowed: permission to discharge the jewel loan is granted, while the prayer for handing over the pledged jewel to the petitioner is dismissed; no costs imposed.ratio¶29

Detailed headnote1 paragraphs

Madras High Court (Madurai Bench), P.T. Asha J. (12.09.2025): A jewel was pledged with the respondent bank by the petitioner's mother, Manimegalai, for Rs.30,000/- on 17.11.2023; she thereafter went missing and could not be traced, and the bank failed to respond to the petitioner's representation dated 22.07.2025 seeking discharge of the jewel loan (Loan A/c No.7653044025) and release of the jewel. Held: whether the jewel belongs to the petitioner or his mother is immaterial, since the bank is bound to return the pledged article to the person who pledged it. The petitioner was permitted to discharge the loan, but the prayer for handing over the pledged jewel was dismissed - the jewel shall be released only upon the petitioner appearing along with his mother. Respondent's counsel raised no objection. Writ petition partly allowed; no costs.

¶1

W.P.(MD) No.24869 of 2025

¶2

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

¶3

DATED : 12.09.2025

¶4

CORAM:

¶5

THE HONOURABLE Ms.JUSTICE P.T.ASHA

¶6

W.P.(MD) No.24869 of 2025

¶7

Divakar ... Petitioner

¶8

-vs-

¶9

The Authorized Officer, Branch Manager, Indian Bank, Thirukkattupalli Branch, Thanjavur District. ... Respondent

¶10

Prayer: Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, to direct the respondent to permit the petitioner to discharge the jewel loan pending in his bank in Loan Account No.7653044025 and receive the jewel based on the petitioner's representation dated 22.07.2025 within the stipulated time.

¶11

For Petitioner : Mr.M.Sridharan For Respondent : Mr.C.Karthik

¶12

_________Page 1 of 5

¶13

https://www.mhc.tn.gov.in/judis

¶14

ORDER

¶15

W.P.(MD) No.24869 of 2025

¶16

This writ petition has been filed seeking for mandamus directing the

¶17

respondent to permit the petitioner to discharge the jewel loan pending in his bank in Loan Account No.7653044025 and receive the jewel based on the petitioner's representation dated 22.07.2025.

¶18

Heard the learned counsel appearing for the petitioner and Mr.C.Karthick, learned counsel, who takes notice on behalf of the respondent. By consent, this writ petition is taken up for final disposal at the admission stage itself.

¶19

The jewel in question had been pledged by the petitioner's mother, namely, Manimegalai, who maintained a savings bank account with the respondent, for a sum of Rs.30,000/- on 17.11.2023. It is the contention of the petitioner that the jewel belonged to him. In the meanwhile, his mother went missing and has not been traceable. As a result, the petitioner has been unable to retrieve the pledged jewel.

¶20

_________Page 2 of 5

¶21

https://www.mhc.tn.gov.in/judis

¶22

W.P.(MD) No.24869 of 2025

¶23

The learned counsel for the petitioner would submit that the petitioner had approached the respondent seeking permission to discharge the jewel loan and to redeem the pledged jewel. However, the respondent has not given any response to the said request. Hence, this writ petition.

¶24

Admittedly, the jewel in question was pledged by the petitioner's mother, Manimegalai. The question of whether the jewel belongs to the petitioner or his mother is immaterial, inasmuch as the bank is bound to return the pledged article to the person, who had pledged the same. The petitioner submits that unless the amount due under the loan is disbursed, the pledged jewel is likely to be auctioned. Therefore, he seeks permission to discharge the loan amount. The petitioner may be permitted to do so. However, the pledged jewel shall be handed over by the respondent bank only upon the petitioner appearing along with his mother.

¶25

The learned counsel for the respondent has also stated that he has no objection to the above course of action.

¶26

_________Page 3 of 5

¶27

https://www.mhc.tn.gov.in/judis

¶28

W.P.(MD) No.24869 of 2025

¶29

In view of the above, this Writ Petition is partly allowed by permitting the petitioner to discharge the jewel loan. However, the prayer for handing over the pledged jewel to the petitioner is dismissed, as the same can be released only upon the petitioner appearing along with his mother, who had originally pledged the jewel. No costs.

¶30

12.09.2025 NCC : Yes/No Index : Yes/No Rmk

¶31

To The Authorized Officer, Branch Manager, Indian Bank, Thirukkattupalli Branch, Thanjavur District.

¶32

_________Page 4 of 5

¶33

https://www.mhc.tn.gov.in/judis

¶34

W.P.(MD) No.24869 of 2025

¶35

P.T.ASHA, J.