SHANTHADEVI.M V. THE COMMISSIONER

WP(MD)/8654/2021

AI Insights

The case involves a writ petition filed by M. Shanthadevi against multiple respondents including the Commissioner of Madurai Corporation, police officials, and bank managers, seeking a writ of mandamus to direct these respondents to act on her representation and protect her and her late husband's properties and investments from being misappropriated by the 11th respondent, Jeyamurugan, who is alleged to have killed her husband. The petitioner's husband and the 11th respondent are brothers. The police had previously investigated the murder allegation but dropped the case after finding no evidence. The banks had frozen the accounts based on the petitioner's complaint. The court dismissed the petition, suggesting the petitioner seek redress through appropriate legal forums.

• Counselvise Citation: [2023] 140 COUNSELVISE.COM (IT) 725887 (HC-MISC)
• Appeal Type: Others
• Pronouncement Date: 22-09-2023
• Assessment Year: misc
• Laws Referred To: Article 226 of the Constitution
• Result in Favour of: Revenue
• Court: HIGH COURT
• Department Lawyers: R BASKARAN; K SANJAI GANDHI; K SURESHKUMAR; N DILIP KUMAR; S RAJASEKAR
• Assessee Lawyers: KRISHNA RAVINDRAN
• Keywords: Bank account freeze; Embezzlement; Writ of Mandamus; Property Protection

Judgement Text

"W.P(MD) No.8654 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 22.09.2023 CORAM: THE HONOURABLE MRS.JUSTICE S. SRIMATHY W.P(MD) No. 8654 of 2021 and WMP (MD) No. 6520 of 2021 M. Shanthadevi :Petitioner ..Vs.. 1. The Commissioner, Madurai Corporation, Aringar Anna Maligai, Outpost, Thallakulam, Madurai – 625 002 4. The Deputy Commissioner of Police, (L & O) Madurai City, Madurai 5. The Inspector of Police, C.C.B., Madurai, In Crime No. 4 of 2021. 6. The Income Tax Commissioner. Income Tax Office, CR BLDG, 2, VP, VP Rathinasamy Nadar Road, Bibikulam, Madurai – 625 002. 1/6 https://www.mhc.tn.gov.in/judis W.P(MD) No.8654 of 2021 7. The Manager, Canara Bank, Corporation Building, Arignar Anna Maligai, Thallakulam, Madurai – 625 002 8. The Manager, Canara Bank, Thiru Nagar Branch No. 118, 3 C, Devi kalaivani Complex, Poonga Street, Thirunagar, Madurai – 625 006 9. The Senior Manager, Canara Bank, Circle Branch Old Kuyavar Palayam Rd, Mahalipatti, Tamil Nadu – 625 001. 10. The Manager, Axis Bank, Main Branch, Old Door No. 39, New Door No. 37, Naicker New Street, Madurai – 625 001. 11. Jeyamurugan : Respondents (R2 and R3 are not necessary parties and hence, they are deleted vide Court order, dated 07.07.2021 in WP(MD)No.8654 of 2021) PRAYER: Writ Petition filed under Article 226 of the Constitution of to issue a Writ or order especially in the nature of WRIT OF MANDAMUS to direct the Respondent Nos. 1 to 10 to act on the representation dated 29.01.2021 and to take appropriate action after conducting enquiry to protect the property, accounts and other investments of the petitioner and her late husband from being squandered or embezzled by the 11th 2/6 https://www.mhc.tn.gov.in/judis W.P(MD) No.8654 of 2021 respondent or anyone else claiming through him and not to disburse any money to the 11th respondent or other business entities owned and operated by the Late Mr.Murugesan/Omaya Thevar / the husband of the petitioner herein. For Petitioner : Krishna Ravindran For R1 : Mr.R.Baskaran Additional Advocate General assisted by Mr.S.Vinayak For R4 and 5 : Mr.K.Sanjai Gandhi Government Advocate (Criminal side) For R6 : Mr.R.Suresh Kumar Additional Government Pleader For R7 to 9 : Mr.N.Dilip Kumar For R10 : No appearance For R11 : Mr.S.Rajasekar for M/s.Lajapathi Roy and Associates O R D E R The present Writ Petition is filed for Writ of Mandamus, to direct the Respondent Nos. 1 to 10 to act on the representation dated 29.01.2021 and to take appropriate action after conducting enquiry to protect the property, accounts and other investments of the petitioner and her late husband from being squandered or embezzled by the 11th respondent or anyone else claiming through him and not to disburse any 3/6 https://www.mhc.tn.gov.in/judis W.P(MD) No.8654 of 2021 money to the 11th respondent or other business entities owned and operated by the Late Mr.Murugesan/Omaya Thevar / the husband of the petitioner herein. 2. The learned Additional Advocate General appearing for 1st respondent submitted that the petitioner's husband and the 11th respondent are brothers. The petitioner is making an allegation against the 11th respondent that the 11th respondent had killed the petitioner's husband. The respondent Police has already taken the said complaint on file in Crime No.4 of 2021. Based on the final report, dated 03.03.2022, the case was dropped after thorough investigation. The portion of the prayer is considered by the respondents. 3. The learned Counsel appearing for the 7, 8, and 9 respondents submitted that the bank accounts are frozen based on the complaint from the petitioner. Therefore, the 7, 8, and 9 respondents shall pass appropriate orders after considering present facts and circumstances of the case in accordance to law. 4/6 https://www.mhc.tn.gov.in/judis W.P(MD) No.8654 of 2021 4. The petitioner is at liberty to approach appropriate forum for her grievances, since writ petition is not maintainable. 5. With the above observation, the writ petition is dismissed. No costs. Consequently, connected miscellaneous petition is closed. 22.09.2023 Index:Yes/No Internet:Yes/No tmg To 1. The Deputy Commissioner of Police, (L & O) Madurai City, Madurai 2. The Inspector of Police, C.C.B., Madurai, In Crime No. 4 of 2021. 3. The Income Tax Commissioner. Income Tax Office, CR BLDG, 2, VP, VP Rathinasamy Nadar Road, Bibikulam, Madurai – 625 002. 5/6 https://www.mhc.tn.gov.in/judis W.P(MD) No.8654 of 2021 S. SRIMATHY, J., tmg W.P(MD) No. 8654 of 2021 22.09.2023 6/6 https://www.mhc.tn.gov.in/judis "