WP/4792/2024 of A.PERIYANAYAGAM Vs THE BRANCH MANAGER

WP No. 4792 of 2024 __________ Page1 of 6 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 07-04-2026 CORAM THE HON'BLE MR JUSTICE M.DHANDAPANI WP No. 4792 of 2024 A.Periyanayagam ..Petitioner(s) Vs 1. The Branch Manager Indian Overseas Bank, N.M.Road, Avadi, Chennai-600 054. 2. The Inspector Of Police T6-Avadi Police Station, Neru Bazar, Avadi, Chennai 600 054 3. P.Stella Rani ..Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India praying for the issuance of a writ of Mandamus, to direct the 1 st respondent to open the petitioner Bank Locker No.35 through duplicate Key or obtain the Bank locker key from the 3rd Respondent or break open the Bank locker to recover the petitioner above said properties from the Indian Overseas Bank Locker No.35. For Petitioner(s): A.Martin For Respondent(s): Mr. A.Jeyaraman for R1 Mr.A.Meghanathan, https://www.mhc.tn.gov.in/judis WP No. 4792 of 2024 __________ Page2 of 6 Government Advocate(Crl.Side) for R2 R3-Not ready notice O R D E R This Writ Petition is filed for a Mandamus directing the 1 st respondent to open the petitioner Bank Locker No.35, through duplicate key or obtain t he Bank Locker Key from the 3 rd respondent or break open the Bank Locker to recover the petitioner’s above said properties from the Indian Overse as Bank Locker No.35 and to pass appropriate direction. 2. It is the case of the petitioner that the petitioner is an aged Ex-servicemen and is obtaining pension from Army and he is having four sons and a daughter / 3 rd respondent herein. According to the petitioner, while he was sick, the 3 rd respondent and her sons forcibly obtained the petitioner Bank ATM card, Bank Locker Key No.35 and other original property documents and misused the same for her monitory benefits and also fabricated a r egistered Settlement Deed bearing Doc. No.16584/2021 at SRO, Avadi, in favour of 3 rd respondent and her sons to sell to third party. Therefore, the petiti oner lodged a police complaint against the 3rd respondent and her sons before the 2nd respondent on 07.05.2022, 15.07.2022, 12.12.2022, 27.12.2022, 21.03.2022 and 23.08.2023 to take action against the 3 rd respondent and her sons to recover the above said properties from them, but the 2 nd respondent yet have not taken any action. In such circumstances, the petitioner lodged a complaint agai nst the 3 rd https://www.mhc.tn.gov.in/judis WP No. 4792 of 2024 __________ Page3 of 6 respondent and her sons before the Thiruvallur District Collector on 09.05.2022, for which, the Revenue Divisional Officer, after full fledged enquir y, passed an order dated 29.12.2022 hold that the fabricated settlement deed bearing Doc.No.16584/2021 at SRO Avadi is null and void and also advised the petitioner to approach the respondents 1 and 2 to recover the said m ovable properties from the Indian Overseas Bank Locker No.35. Therefore, the petitioner approached the respondents 1 and 2, but the respondents 1 and 2 yet have not initiated any action for the same and hence, the petitioner has filed the instant writ petition. 3. The second respondent Police has filed a Status Report dated 27.02.2024 stating that based on the complaint given by the petitioner, on 15.07.2022, the then Sub Inspector of Police had sent a requisition letter t o the Bank Manager, Indian Overseas Bank, Avadi Branch to obtain the deta ils of the petitioner's bank account and the same was obtained on 29.07.2022, in which it has been stated that the petitioner and the 3rd respondent were jointly maintaining the Locker Number 35 and the last operation on 21.10.2021 by the 3rd respondent as per the locker movement register in the said bank and Bank is not responsible for the items present in the locker and no data will be available for the same. After conducting enquiry on 17.07.2022, the then Sub Inspector of Police closed the CSR No.855/2022 on the file of the T-6 Avadi Police Station. https://www.mhc.tn.gov.in/judis WP No. 4792 of 2024 __________ Page4 of 6 4. Heard both sides and perused the materials on record. 5. A perusal of the facts reveals that it is clearly a fami ly dispute between the petitioner, who is a retired Army pensioner and his daughter, w ho is the 3 rd respondent herein and her sons. Considering the facts and circumstances of the case and the submission made, this Court is of the view that the grievance of the petitioner and the 3rd respondent has to be ventilated only before the Civil Court. As regards the dispute regarding operating of Bank Locker is concerne d, the first respondent bank is directed to conduct an enquiry between the pe titioner and the third respondent and proceed further in accordance with law . Insofar as the lodging of police complaint is concerned, if at all the petitioner is having any grievance, the petitioner is at liberty to work out his reme dy before the Criminal Court in the manner known to law. 6. With the above direction, this Writ Petition stands disposed of. No costs. 07-04-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No ssb https://www.mhc.tn.gov.in/judis WP No. 4792 of 2024 __________ Page5 of 6 To 1. The Branch Manager Indian Overseas Bank N.M.Road Avadi Chenani 600 054 2. The Inspector Of Police T6-avadi Police Station Neru Bazar, Avadi Chennai 600 054 https://www.mhc.tn.gov.in/judis WP No. 4792 of 2024 __________ Page6 of 6 M.DHANDAPANI J. ssb WP No. 4792 of 2024 07-04-2026 https://www.mhc.tn.gov.in/judis