----------------------- The petitioner has filed this writ petition seeking for the following reliefs:
“A. Pass any appropriate writ, order or direction in the nature of writ of mandamus, compelling the respondents 2 and 3 to lodge forthwith a criminal proceedings against the 5th and 6th respondents before the appropriate station house office against the alleged illegal transaction of the properties pledged to the 3rd respondent bank by the 5th and 6th respondents.
B. To pass any appropriate writ or direction in the nature of a writ of mandamus compelling the respondents 2 and 3 who are the Bank Authorities M/S South Indian Bank Ltd., forthwith take immediate action for realizing the loan amount of Rs.21 Crores with interest, at the rate fixed by the Reserve Bank of India Regulation from the 5th and 6th respondents and their assets.”
2. In respect to the first relief, this Court cannot direct to initiate a criminal proceeding against the party respondents. It is within the realm of aggrieved persons to file complaint or not. If the petitioner can make any independent complaint before any authority, the petitioner is at liberty to do so. However, this Court W.P.(C).No.24262 of 2014
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cannot direct any respondent to lodge a complaint against the party respondents.
2. In respect of the second relief, it is submitted by the learned Standing Counsel for the bank that they have already initiated steps to realise the loan amount advanced to the loanees. The above submission is recorded. It is also submitted by the learned Standing Counsel for the bank that the petitioner has locus standi in this writ petition. Leaving open the issue on locus standi, the writ petition is disposed of in the light of the observations mentioned as above. No costs.
A.MUHAMED MUSTAQUE, JUDGE jm/