Durga v. The Noda Cyber Officer of Taml Nadu,

ORDER The present Writ Petition has been filed for the issuance of a Writ of Mandamus, to direct the 4th respondent to defreeze the petitioner's bank account bearing Account No.13640100018499.

¶2The facts leading to the filing of the petition are as follows:

(a) The petitioner is holding a Savings account bearing A/c.No. 13640100018499 at Indian Overseas Bank, 377, North Main Street, Thanjavur .

(b) The petitioner came to know that her account had been frozen.

¶3The learned Counsel appearing for the petitioner would submit that the petitioner is not an accused in any criminal case; the act of the fourth respondent freezing the entire account is illegal and violates the fundamental rights of the petitioner; that though pursuant to the alleged communication sent by the Cyber Police Coordination Cell, the second respondent was obliged to obey the directions, the second respondent ought to have informed the petitioner about the action taken thereon; and that having failed to do so, it has breached the contract with the petitioner.

¶4The learned Counsel appearing for the respondents would submit that the account of the petitioner was frozen on the basis of the communication from the Cyber Police Coordination Cell.

¶5On perusal of the records, it is clear that there is nothing on record to show that the Cyber Police Coordination Cell had requested the fourth respondent to freeze the entire account. The fact is that account has been frozen and the petitioner is unable to operate the account.

¶6It is seen that in similar circumstances, this Court had observed that when the alleged fraudulent amount is quantified, the freezing of the whole account would not be justified. Similar view was taken by the learned Single Judge of this Court in W.P.(MD).No.15684 of 2024 dated 15.07.2024, wherein, it was held that: "3. The respondent is permitted to retain the aforesaid sum by marking lien on the petitioner's account. Subject to such marking of lien, the petitioner is permitted to operate their bank account. The freezing effected on the petitioner's bank account is lifted to the aforesaid extent. T\his writ petition stands allowed . No costs. Consequently, connected miscellaneous petitions are closed."

¶7Accordingly, this writ petition is disposed of on the following directions:

(a). The fourth respondent / Bank shall mark a lien only for the quantified sum and permit the petitioner to operate the account forthwith.

(b). The petitioner is at liberty to move to the concerned Jurisdictional Magistrate for recall of the lien marked over the quantified amount, if she is so advised.

¶8With the above observations and directions, this Writ Petition is disposed of. No costs.

17.07.2026 NCC : Yes / No Index : Yes / No gvn

L.VICTORIA GOWRI, J. gvn To:-

¶1The Nodal Cyber Cell Officer of Tamil Nadu, National Cyber Crime Reporting Portal, Ministry of Home Affairs, Government of India, New-Delhi-600099.

¶2The Inspector of Police, Cyber Crime, Thanjavur, Thanjavur District.

¶3The Assistant Commissioner of Police, Cyber Crime Police Station, Cyderbad, Telengana

¶4The Branch Manager, Indian Overseas Bank, North Main Street, Thanjavur District. Dated

17.07.2026

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 17.07.2026 CORAM: THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI Durga ... Petitioner Vs. 1. The Nodal Cyber Cell Officer of Tamil Nadu, National Cyber Crime Reporting Portal Ministry of Home Affairs Government of India New-Delhi-600099. 2. The Inspector of Police Cyber Crime, Thanjavur, Thanjavur District. 3. The Assistant Commissioner of Police Cyber Crime Police Station Cyderbad, Telengana 4. The Branch Manager Indian Overseas Bank North Main street Thanjavur District ... Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India for issuance of WRIT OF MANDAMUS to direct the 4th respondent to defreeze the Petitioner's Account No.13640100018499 and releasing the funds of the petitioner forthwith and pass such further or other orders. For Petitioner : Mr.P.Edin Brough For Respondents : Mr.D.Rajaboopathy Government Advocate (Crl.)