V.Ramasubramanian v. The Director
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 08.12.2021
CORAM
THE HONOURABLE MR.JUSTICE M.DHANDAPANI W.P.No.3515 of 2021 V.Ramasubramanian ... Petitioner Vs.
1. The Director, Reserve Bank of India (RBI), Chennai Government of Tamil Nadu Branch, No.16, Rajaji Salai, Fort Glacis, Chennai - 600 001, Tamil Nadu.
2. The General Manager, George Town Co-operative Bank Ltd, No.8512, No.1/62, Krishnappa Agraharam Street, Chennai - 79.
3. The Branch Manager, George Town Co-operative Bank Ltd, No.8512, G.T.C. Branch, Perambur High Road (Near Bus Stand), Perambur, Chennai - 600 011.
4. S.Rajamani Ammal (deceased) ... Respondents Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the 2nd to 3rd respondent based on the petitioner representation dated 19.01.2021 to release the 4th respondent fixed deposit amount and Savings Bank Account Rs.11,34,940/- in the Nominee name of the petitioner.
For Petitioner : Mr.B.Chandran For Respondent 1 : No Appearance For Respondent 2 & 3 : Mr.S.Ravi
O R D E R
The petitioner has filed this writ petition seeking issuance of Writ of Mandamus to direct the 2nd and 3rd
respondent to consider the petitioner's representation and release the 4th respondent's fixed deposit amount and the amount in Savings Bank Account.
2. The case of the petitioner is that he was taking care of the 4th respondent/deceased and the 4th respondent had Savings Accounts and Fixed Deposit Account in the 3rd respondent bank and the total amount deposited in the above said accounts is Rs.11,34,940/- and since the deceased/4th respondent had no legal heirs, the petitioner is the one who was handling the bank accounts of the deceased/4th respondent and he was assigned as the nominee of the deceased/4th respondent. While being so, the 4th respondent passed away and being the nominee, the petitioner is entitled to receive the outstanding amount in the 4th respondent's accounts. Therefore, the petitioner made representation on 12.12.2020 and since no action was taken on the said representation, the petitioner made another representation dated 19.01.2021 before the respondents 1 to 3. However, till date no order was passed on the said representations. Hence, the present petition is filed.
3.Though very many grounds have been raised, learned counsel for the petitioner submits that it would suffice if this Court issues direction to 2nd and 3rd respondents to consider the petitioner's representation dated 19.01.2021 and pass orders on the same within a particular time frame fixed by this Court. 4.The learned Government Advocate has no serious objection for said order being passed.
5. In view of the aforesaid submissions, this Court without expressing any opinion on the merits of the case directs the 2nd and 3rd respondents to consider the petitioner's representation dated 19.01.2021 in accordance with law and if there is no legal impediment or rival claim, the 2nd and 3rd respondents shall pass orders within a period of four weeks from the date of receipt of a copy of this order.
6. This writ petition is accordingly disposed of. No costs.
Sd/- Assistant Registrar(CS-VI) // True Copy // Sub Assistant Registrar
skt To
1. The Director, Reserve Bank of India (RBI), Chennai Government of Tamil Nadu Branch, No.16, Rajaji Salai, Fort Glacis, Chennai - 600 001, Tamil Nadu.
2. The General Manager, George Town Co-operative Bank Ltd, No.8512, No.1/62, Krishnappa Agraharam Street, Chennai - 79.
3. The Branch Manager, George Town Co-operative Bank Ltd, No.8512, G.T.C. Branch, Perambur High Road (Near Bus Stand), Perambur, Chennai - 600 011.
+1cc to Mr.B.Chandran, Advocate SR.No.64959 +1cc to Mr.S.Ravi, Advocate SR.No.64990 W.P.No.3515 of 2021 KSM (CO) CB(10/01/2022)