K.T.S.Ravikumar@K.T.S.Ravi v. The Branch Manager

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 04.10.2021 Coram The Honourable Mr.Justice R.MAHADEVAN W.P.No.18799 of 2021 K.T.S.Ravikumar @ K.T.S.Ravi

...Petitioner

Versus

The Branch Manager, Indian Overseas Bank, Arani Branch, Arani Town Panchayat, Thiruvallur District.

...Respondent

Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a writ of mandamus directing the respondent herein to close down the Savings Bank Account No.014701000002319 in the name of R.Ramachandran herein and disburse the balance amount of Rs.1,40,552/- (Rupees One Lakh Forty Thousand Five Hundred and Fifty Two) to the petitioner herein.

For Petitioner :

Mr.Venkataswamy Babu For Respondent :

Mr.F.B.Benjamin George

O R D E R

Mr.F.B.Benjamin George, learned counsel, takes notice for the respondent. By consent of both the parties, this writ petition is taken up for final disposal, at the time of admission itself.

2.According to the petitioner, his uncle R.Ramachandran (mother's sister's husband) and aunt R.Jayarani W/o.R.Ramachandran, were under the care of the petitioner, as they had no issues, out of wedlock. They died on 13.05.2019 and 06.11.2019 respectively. While he was alive, he was having savings account with the respondent bank, besides making fixed deposits to the tune of Rs.10 lakhs. Though he mentioned the name of the petitioner as his nominee for the fixed deposits, he https://hcservices.ecourts.gov.in/hcservices/

did not refer so for his savings account. As a result of the same, the petitioner received the fixed deposits amount, after closure, but he was unable to get the savings amount lying in his uncle's account bearing No.014701000002319. Therefore, he made a representation dated 28.06.2021 to the respondent requesting to close the savings bank account of his uncle and pay the amount available in the account. Since no action was taken on the said representation, the petitioner has come up with this writ petition seeking appropriate direction to the respondent in this regard.

3.Heard both sides and perused the documents enclosed in the typed set of papers.

4.Considering the facts and circumstances of the case and having regard to the submissions made by the learned counsel on either side, this court directs the respondent bank to consider the petitioner's representation dated 28.06.2021 in the light of the documents furnished by him, and pass appropriate orders, on merits and in accordance with law, after affording an opportunity of hearing to the petitioner as well as any other interested parties, within a period of three weeks from the date of receipt of a copy of this order.

5.Accordingly, this writ petition stands disposed of. No costs.

Sd/- Assistant Registrar(CS VII) //True Copy// Sub Assistant Registrar mrr To The Branch Manager, Indian Overseas Bank, Arani Branch, Arani Town Panchayat, Thiruvallur District.

+1cc to Mr.F.B.Benjamin George, Advocate Sr No.52305 W.P.No.18799 of 2021 NK (CO) PR (12/11/2021) https://hcservices.ecourts.gov.in/hcservices/