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2025 DAILYLAW 225055 (MAD)

R.MANJULA v. THE BRANCH MANAGER

WP/41145/2025 · 2025-11-05

M Dhandapani

Transfer Petitionbody2025

Judgment text

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W.P.Nos.41145 and 41148 of 2025 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 05.11.2025 CORAM THE HONOURABLE MR.JUSTICE M.DHANDAPANI W.P.Nos.41145 and 41148 of 2025 W.P.No.41145 of 2025 R.Manjula ... Petitioner Vs. 1.The Branch Manager, Tamil Nadu Grama Bank (Pallavan Grama Bank), Nallavanpalayam Branch, Thiruvannamalai District-606 603. 2.The General Manager, Tamil Nadu Grama Bank, (Pallavan Grama Bank), Head Office, No.6, Yercaud Road, Hasthampatti, Salem-636 007. 3.The Banking Ombudsman, RBI Office Campus, Fort Glacis, Chennai-600 009. 4.Devika ....Respondents _________ p. 2 W.P.Nos.41145 and 41148 of 2025 PRAYER : Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus, to direct the first respondent to consider the petitioner’s representation dated 07.08.2025 and pass appropriate orders thereon within the time stipulated by this Court. W.P.No.41148 of 2025 R.Manjula ... Petitioner Vs. 1.The Branch Manager, Indian Bank, Thiruvannamalai District, No.19, Iyyankulam Street, Thiruvannamalai-606 601. 2.The Branch Manager, Indian Bank Head Office, No.254-260, Avvai Shanmugham Salai, Royaapettah, Chennai-600 014. 3.The Banking Ombudsman, RBI Office Campus, Fort Glacis, Chennai-600 009. 4.Devika ....Respondents _________ p. 3 W.P.Nos.41145 and 41148 of 2025 PRAYER : Writ Petitions filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus, to direct the first respondent to consider the petitioner’s representation dated 07.08.2025 and pass appropriate orders thereon within the time stipulated by this Court. In both petitions For Petitioner : Mr.M.Himavanth For Respondents : Ms.Rita Chandrasekaran for M/s.Aiyar & Dolia for R1 and R2 C O M M O N O R D E R These Writ Petitions have been filed to direct the first respondent in both the petitions to consider the petitioner’s representation dated 07.08.2025 and pass appropriate orders within a time stipulated by this Court. 2. The learned counsel appearing for the petitioner submits that the petitioner's husband pledged the jewels of the petitioner with the Indian Bank and Tamil Nadu Grama Bank, while he was alive. Subsequently, the petitioner's husband died on 21.11.2022. Thereafter, the petitioner obtained _________ p. 4 W.P.Nos.41145 and 41148 of 2025 the Legal Heir Certificate on 29.06.2023 and subsequently, the petitioner paid the entire loan amount to the bank, however, the bank has not returned the jewels to the petitioner and therefore, the petitioner is before this Court. 3. The learned counsel appearing for the petitioner submits that there is a difference of opinion between the petitioner and her mother-in-law and thereby, she stayed along with her father and she is not able to find out her mother-in-law for obtaining the No Objection Certificate. The entire jewels pledged by the petitioner's husband belonged to the petitioner and further the petitioner is ready to execute indemnity bond as required by the respective Bank and after obtaining the Indemnity Bond and the undertaking affidavit, the jewels may be released in favour of the petitioner. Accordingly, he prayed for appropriate orders. 4. The learned counsel appearing for the Bank submits that as per RBI Guidelines, unless the petitioner obtains the No Objection Certificate from the other legal heirs, the bank cannot release the jewels in favour of the petitioner. Accordingly, she prays for dismissal of these writ petitions. _________ p. 5 W.P.Nos.41145 and 41148 of 2025 5. Heard the learned counsel appearing for the petitioner and the learned counsel appearing for the respondents 1 and 2 in both petitions. 6. It is not in dispute that the petitioner's husband pledged the jewels of the petitioner with the bank for obtaining loan. The petitioner claims that she paid the entire loan amount to the bank, however, the bank has not returned the jewels to the petitioner and there is a difference of opinion between her and her mother-in-law. From the above submissions, it is clear that the petitioner's mother has not paid the loan amount and the petitioner only paid the entire loan amount. Therefore, instead of retaining the jewels, the respondent bank have to obtain indemnity bond for their safeguard. Hence, the petitioner is directed to execute the necessary indemnity bond as required by the respondent Bank and after executing the indemnity bond, the respondent bank are directed to return the jewels to the petitioner. The entire exercise shall be completed within a period of four weeks from the date of receipt of a copy of this order. _________ p. 6 W.P.Nos.41145 and 41148 of 2025 7. Accordingly, these Writ Petitions are disposed of. There shall be no order as to costs. 05.11.2025 NCC: Yes / No Index : Yes / No Speaking Order : Yes / No ssb To 1.The Branch Manager, Tamil Nadu Grama Bank (Pallavan Grama Bank), Nallavanpalayam Branch, Thiruvannamalai District-606 603. 2.The General Manager, Tamil Nadu Grama Bank (Pallavan Grama Bank), Head Office, No.6, Yercaud Road, Hasthampatti, Salem-636 007. 3.The Branch Manager, Indian Bank, Thiruvannamalai District, No.19, Iyyankulam Street, Thiruvannamalai-606 601. _________ p. 7 W.P.Nos.41145 and 41148 of 2025 4.The Branch Manager, Indian Bank Head Office, No.254-260, Avvai Shanmugham Salai, Royaapettah, Chennai-600 014. 5.The Banking Ombudsman, RBI Office Campus, Fort Glacis, Chennai-600 009. _________ p. 8 W.P.Nos.41145 and 41148 of 2025 M.DHANDAPANI, J. ssb W.P.Nos.41145 and 41148 of 2025 05.11.2025 _________