(Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus directing the 1st respondent to direct the 3rd respondent bank to allow the petitioner to direct the 3rd respondent bank to allow the petitioner to redeem the jewels pledged by her adopted daughter Rajalakshmi with jewel loan No.1701917000242274 dated 12.02.2021 for Rs.2,50,000/- of 113 gms of gold jewelery.)

1. This petition is filed for issuance of a Writ of Mandamus, to direct the 1st respondent to direct the 3rd respondent bank to allow the petitioner to direct the 3rd respondent bank to allow the petitioner to redeem the jewels pledged by her adopted daughter Rajalakshmi with jewel loan No.1701917000242274 dated 12.02.2021 for Rs. 2,50,000/- of 113 gms of gold jewelery.

2. The petitioner is the mother of one Rajalakshmi. She was married to one Anand and subsequently, she developed a relationship with one Seshathri. She left the children, namely, Madhusri and Harish aged 10 years and 8 years respectively and they are taken care by the petitioner.

3. In the present case, the issue is that the said Rajalakshmi took her jewels while she left her home along with the Seshathri and pledged the jewels in 3rd respondent Bank. Now, the said Rajalakshmi is not traceable.

4. Earlier, when the case came up for hearing, this Court specifically directed the Government Advocate (Crl.side) to trace the said Rajalakshmi.

5. Today the Government Advocate (Crl.side) reported that she is not traceable. However, there is no formal complaint before the respondent stating that the said Rajalakshmi is missing.

6. The contention of the petitioner is that the bank is taking steps to sell the jewels. If the same is sold, the two children namely the Madhusri and Harish left by the said Rajalakshmi will not be having any property at all.

7. The learned Counsel appearing for the petitioner submitted that the petitioner is ready and willing to pay the entire amount and redeem the jewels. The petitioner is seeking permission to redeem the jewels and protect the children of the Rajalakshmi.

8. However, the bank is opposing for the same stating that the said Rajalakshmi has pledged the jewels, Rajalakshmi alone is entitled to redeem the jewels. In case the jewels are redeemed by the petitioner, if the Rajalakshmi claims her right over the property in future, they will not be in a position to grant the same.

9. After hearing the rival claims, this Court is inclined to protect the rights of all the parties. The petitioner shall formally lodge a complaint before the respondent police stating that the said Rajalakshmi is missing. The 3rd respondent bank is directed to allow the petitioner to redeem the jewels after paying the entire loan amount along with interest. The petitioner shall also execute an indemnity bond to protect the interests of the bank. If at all the said Rajalakshmi is having any claim, the said Rajalakshmi is at liberty to make the claim against the petitioner and Rajalakshmi's two children, since the jewels would be with the petitioner and the children and cannot have any claim against the bank. This Court expects the petitioner to retain the jewels without selling or creating any encumbrance over the jewels.

10. With the above said directions, the writ petition is allowed. No costs.