1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 14.02.2011 CORAM: THE HONOURABLE MR.JUSTICE K.K.SASIDHARAN W.P.(MD)No.868 of 2011 Sekar : Petitioner Vs. The Branch Manager, State Bank of India, Therukutheru (7566), Madurai-625 122. : Respondent Prayer: Writ Petition is filed under Article 226 of the Constitution of India praying for the issue of a Writ of Mandamus, directing the respondent to return the jewels pledged by the petitioner's son C.Sekar in gold loan account No.11384876502 in the State Bank of India, Therukutheru Branch, Madurai District. For Petitioner : Mr.C.Mayil Vahana Rajendran For Respondent : Mr.M.Vallinayagam ORDER The petitioner seeks a Writ of Mandamus, directing the respondent to return the jewels pledged by his son C.Sekar in Gold Loan Account No.11384876502 before the State Bank of India, Therukutheru Branch, in the district of Madurai. 2. According to the petitioner, his son, who was studying for B.E. Engineering, pledged jewels before the respondent as per jewel loan account No.11384876502. The son of the petitioner was found missing from 10.04.2007 onwards. Immediately, the petitioner preferred a complaint before the police and it was registered as a case in Crime No.288 of 2008 on the file of the Melur Police Station. The case is under investigation. In the meantime, the petitioner approached the respondent to redeem the jewels pledged by his son. The application was not considered. Therefore, the petitioner was constrained to file the Writ Petition. 3. The respondent has filed a counter-affidavit and in paragraph No.10, it was stated that the petitioner has to produce the required documents. Paragraph No.10 of the counter-affidavit reads thus: "I further submit that the claim of the petitioner herein will be considered by our bank as early as possible on production of the following documents: https://hcservices.ecourts.gov.in/hcservices/ 2 (i) FIR (ii) Non-traceable report issued by the police authorities (iii) Indemnity from the claimant (iv) No objection certificate from the mother of Mr.Ashokkumar (v) Legal Heir Certificate Hence, the grievance of the petitioner will be considered by our Bank as per the guidelines of the Reserve Bank of India." 4. I have heard the learned counsel for the parties. 5. Since the respondent bank has agreed to consider the question of redeeming the jewels, on condition of producing the necessary documents, I am of the view that interest of justice would be sub- served, in case the petitioner is given liberty to approach the bank along with the required documents. 6. Accordingly, the petitioner is directed to produce the documents made mentioned in paragraph No.10 of the counter and in the event of producing such documents, within a period of six weeks from the date of receipt of a copy of this order, the application for redemption of jewels would be considered by the respondent on merits and as per law, as expeditiously as possible and in any case, within a period of two weeks thereafter. 7. The Writ Petition is disposed of with the above direction. No costs. Sd/- Deputy Registrar (Writs) /True Copy/ Assistant Registrar To The Branch Manager, State Bank of India, Therukutheru (7566), Madurai-625 122. +1 CC to Mr.M.Vallinayagam, Advocate (SR.No.8967) +1 CC to Mr.C.Mayil Vahana Rajendran, Advocate (SR.No.8683) Order made in W.P.(MD)No.868 of 2011 Dated:- 14.02.2011 SML NSV/22.2.11/2P/4C https://hcservices.ecourts.gov.in/hcservices/