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2024 DAILYLAW 5090 (MAD)

MADURAI MAVATTA IKKIA PANCHALAI MATTRUM v. THE ASSISTANT GENERAL MANAGER

WP/21114/2024 · 2026-08-13

G Arul Murugan

Transfer Petitionbody2024

Judgment text

Extracted from the PDF above. The PDF is authoritative.

WP No.21114 of 2024 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 13.08.2026 CORAM THE HON'BLE MR.SUSHRUT ARVIND DHARMADHIKARI, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE G.ARUL MURUGAN WP No.21114 of 2024 1. Madurai Mavatta Ikkia Panchalai Mattrum Amaippu Sara Tholilalar Sangam, (regn.No.1088/mdu), No.29, Ponnagaram Broadway, 2nd Cross Street, Madurai-625 016, Rep By Its General Secretary, R.Murugan, S/o.Ramalingam Petitioner Vs 1. The Assistant General Manager And Authorised Officer, State Bank Of India, Stressed Assets Management Branch, No.1112, Raja Plaza, Avinashi Road, Coimbatore-641037 2.The Management Rukmani Mills Ltd, Silaiman, Madurai District 3.The District Collector Kancheepuram District, Kancheepuram 4.The District Collector Office Of The District Collector, Madurai https://www.mhc.tn.gov.in/judis WP No.21114 of 2024 5.The District Collector Office Of The District Collector, Sivaganga Respondents Prayer:- Petition filed under Article 226 of the Constitution of India praying for issue of Writ of Certiorarified Mandamusto call for the records connected with the impugned communications dated 29.3.2023 passed in ref.SAMB/CBE/CLO-1/893 and dated 28.04.2023 passed in ref.SAMB/CBE/CLO-1/051 both of the first respondent and quash the same insofar as it has refused to credit the amount ordered to set apart by order dated 25.09.2014 passed in W.P.No.26075 of 2014 by the Hon’ble Division Bench further direct the first respondent to release and settle the amount of Rs.8,88,76,304/- set apart and deposited by the first respondent on 30.09.2014 due to 112 workmen/members of the petitioner’s Sangam according to their entitlement shown in the annexure to the Writ Petition. For Petitioner(s): Mr.S.Nithieshvar for M/s.T.Pushpavathi For Respondent(s):Mr.M.L.Ganesh, for R1 R2 - left Mr.K.Maheswaran, Addl Govt Pleader for RR 3 to 5 * * * * * ORDER (Order of the Court was made by G.Arul Murugan, J.) This writ petition has been filed challenging the communications issued by the bank dated 29.03.2023 and 28.04.2023 and for a https://www.mhc.tn.gov.in/judis WP No.21114 of 2024 consequential direction directing the bank to release the settled amount of Rs.8,88,76,304/- (Rupees eight crore eighty eight lakhs seventy six thousand three hundred and four only) set apart and deposited pursuant to the earlier direction issued in W.P.No.26075 of 2014 dated 25.09.2014. 2. When the writ petition was taken up for hearing, it was brought to the notice of this Court that subsequent to the order dated 25.09.2014 passed by this Court, the petitioner-association filed another writ petition in WP No.10709 of 2017, which came to be dismissed on 27.04.2017. Thereafter, again the petitioner approached this Court by way of another writ petition in WP No.21726 of 2017 and in the said writ petition, learned counsel for the petitioner submitted that the issue has already been settled out of Court and sought permission to withdraw the writ petition and vide order dated 09.02.2023, the writ petition was dismissed as withdrawn, in view of the endorsement made. 3. Learned counsel appearing for the first respondent/bank submitted that the petitioner cannot make a claim as against the bank, as the company is not liquidated and the assets of the company https://www.mhc.tn.gov.in/judis WP No.21114 of 2024 are still available and therefore, it is for the petitioner-association to proceed against the other assets of the company. He would further submit that in fact, the members of the petitioner-association have already approached the Labour Court, where an award has been passed in their favour in respect of the dues and it is for them to work out their remedy by filing appropriate execution petition. 4. However, when a pointed query was put to the learned counsel for the petitioner as to how the present writ petition is maintainable, when the same relief was earlier sought for before this Court in WP No.21726 of 2017, where also they have sought for a direction to release the amount of Rs.8,88,76,304/- set apart and deposited pursuant to the direction issued in WP No.26075 of 2014 and the writ petition was dismissed as the issue in respect of the release of the amount is settled out of Court, learned counsel for the petitioner fairly submitted that the same relief ought not to have been sought for in the present writ petition and therefore, he sought for withdrawal of the present writ petition as well. Page 4 of 6 https://www.mhc.tn.gov.in/judis WP No.21114 of 2024 In view of the said submission of learned counsel for the petitioner and an endorsement also having been made in the petition, we dismiss this writ petition as having been withdrawn. There shall be no order as to costs. (SUSHRUT ARVIND DHARMADHIKARI, CJ.) (G.ARUL MURUGAN, J.) 13.08.2026 Index : Yes/No Neutral Citation : Yes/No sra To 1. The Assistant General Manager And Authorised Officer, State Bank Of India, Stressed Assets Management Branch, No.1112, Raja Plaza, Avinashi Road, Coimbatore-641037 2.The District Collector Kancheepuram District, Kancheepuram 3.The District Collector Office Of The District Collector, Madurai 4.The District Collector Office Of The District Collector, Sivaganga https://www.mhc.tn.gov.in/judis WP No.21114 of 2024 THE HON'BLE CHIEF JUSTICE AND G.ARUL MURUGAN, J. (sra) WP No.21114 of 2024 13.08.2026 https://www.mhc.tn.gov.in/judis