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2025 DAILYLAW 166906 (MAD)

Chinna Mahalakshmi M v. The Branch Manager

WP(MD)/27534/2025 · 2025-10-03

M Dhandapani

Transfer Petitionbody2025

Judgment text

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W.P.(MD)No.27534 of 2025 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 03.10.2025 CORAM: THE HONOURABLE MR.JUSTICE M.DHANDAPANI W.P.(MD) No.27534 of 2025 and W.M.P.(MD).No.21424 of 2025 M.Chinna Mahalakshmi : Petitioner Vs. 1.The Branch Manager, Tamil Nadu Grama Bank, Pudukudi Branch, Thoothukudi District. 2.Esakidass : Respondents P RAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, to forbear the first respondent from conducting auction in connection with gold jewels which were pledged by the petitioner in the name of the second respondent bearing Gold Loan Account No. 10223531354 scheduled to be held on 30.09.2025 and consequently direct the first respondent to return the jewels to the petitioner by considering the petitioner's representation dated 29.09.2025 in accordance with law. 1/5 https://www.mhc.tn.gov.in/judis W.P.(MD)No.27534 of 2025 For Petitioner : Mr.K.Dinesh For R-1 : Mr.N.Dilip Kumar, Standing Counsel ORDER This writ petition has been filed seeking issuance of a writ of Mandamus, to forbear the first respondent from conducting auction in connection with gold jewels which were pledged by the petitioner in the name of the second respondent bearing Gold Loan Account No. 10223531354 scheduled to be held on 30.09.2025 and consequently to direct the first respondent to return the jewels to the petitioner by considering the petitioner's representation dated 29.09.2025 in accordance with law. 2. By consent of both parties, this writ petition is taken up for final disposal at the stage of admission itself. 3. Since no adverse orders are going to be passed against the second respondent, notice to the second respondent is dispensed with. 4. The learned counsel for the petitioner submitted that the second respondent had approached the petitioner and borrowed money, for 2/5 https://www.mhc.tn.gov.in/judis W.P.(MD)No.27534 of 2025 which the petitioner had handed over her gold chain. The second respondent thereafter pledged the said gold chain with the first respondent Bank on 05.06.2024. However, the second respondent neither repaid the loan nor returned the gold chain to the petitioner. The petitioner made a representation to the first respondent on 14.08.2025 seeking return of his jewels. Since the same was not considered and the petitioner came to know that the first respondent proposed to auction the jewels on 30.09.2025, the present writ petition has been filed. 5. The learned counsel for the petitioner further submitted that the second respondent is a habitual offender, collecting money from various persons and cheating them. The petitioner, however, is ready and willing to pay the entire loan amount to the first respondent Bank and has also produced the original gold loan receipt. 6. The learned Standing Counsel appearing for the first respondent submitted that the Bank has no objection to release the pledged jewels to the petitioner, provided the petitioner pays the entire loan amount and executes an indemnity bond in favour of the Bank. 3/5 https://www.mhc.tn.gov.in/judis W.P.(MD)No.27534 of 2025 7. In view of the above submissions, this Court directs the petitioner to pay the entire loan amount to the first respondent Bank and execute an indemnity bond. Upon such payment and execution of the indemnity bond, and upon production of the original gold loan receipt, the first respondent Bank shall hand over the pledged jewels to the petitioner. The above exercise shall be completed by the first respondent Bank within a period of two weeks from the date of receipt of a copy of this order. 8. With the above observations and directions, this Writ Petition stands disposed of. No costs. Consequently, the connected miscellaneous petition is closed. 03.10.2025 Index : Yes / No NCC : Yes / No TSG To The Branch Manager, Tamil Nadu Grama Bank, Pudukudi Branch, Thoothukudi District. 4/5 https://www.mhc.tn.gov.in/judis W.P.(MD)No.27534 of 2025 M.DHANDAPANI, J. TSG W.P.(MD) No.27534 of 2025 03.10.2025 5/5 https://www.mhc.tn.gov.in/judis