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Madras High CourtWP/17454/2020disposed of

T.Kavitha v. The Branch Manager

2022-01-11Honourable Mr Justice M.Dhandapani3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 11.01.2022

CORAM

THE HONOURABLE MR.JUSTICE M.DHANDAPANI W.P.No.17454 of 2020 T.Kavitha ... Petitioner Vs.

1. The Branch Manager Indian Bank, Saligramam Branch, Saligramam, Chennai - 93.

2. The Divisional Manager, Canara Bank, Premises and Estate Section, Circle Office, Teynampet, Chennai - 78.

3. The Executive Director, Financial Software and System Pvt. Ltd., Chennai (Headquarters), G-4, 1st Cross Street, SIPCOT IT Park, Rajiv Gandhi Salai (OMR), Siruseri, Navalur, Chennai - 103.

... Respondents Prayer:

Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the first respondent to disburse the amount to the petitioner and consequently direct the respondents 2 and 3 to pay the rent to the petitioner account.

For Petitioner : Mr.S.Sivakumar For Respondents : Mr.M.Prem Raj for R2

O R D E R

The petitioner has filed this writ petition seeking issuance of Writ of Mandamus directing the first respondent to disburse the amount to the petitioner and to consequently direct

the respondents 2 and 3 to pay the rent to the petitioner account.

2.The case of the petitioner is that the petitioner's father - in - law was the owner of the subject property and he died on 17.05.1990 leaving behind his wife, son and five daughters as his legal heirs. The entire marriage expenses of his five daughters were spent by his son/ petitioner's husband. The petitioner's mother - in - law died on 20.05.2011. The said property consists of two portions. The female legal heirs executed release deed dated 24.05.2012 in favour of the petitioner's husband in respect of one portion of the property and the petitioner's husband executed release deed dated 24.05.2012 in favour of his sisters in respect of the other portion of the property. The petitioner's husband died on 23.11.2017 leaving behind the petitioner and their son as his legal heirs. After his demise, the petitioner's sisters - in - law filed civil suit in C.S.No.36 of 2019 praying to declare the release deeds dated 24.05.2012 as null and void and seeking the relief of effective partition and separate possession of 5/6 share of the subject property.

3.The further case of the petitioner is that while the petitioner's husband was alive, the petitioner's husband had let out a shop for the second respondent Bank to operate ATM and the rental amount was paid to his account. After his demise, the petitioner approached the first respondent with relevant documents and requested to permit her to operate the account/ withdraw the amount, however, the first respondent failed to consider her request. Thereafter, the petitioner approached the second respondent and prayed to renew the rental agreement with the legal heirs of the deceased or in alternate to credit the rental amount in her account, however, the second respondent informed her that they are engaging the third respondent for the ATM operation, maintenance and management and directed the petitioner to approach the third respondent to redress her grievance. Accordingly, the petitioner approached the third respondent, however, the third respondent failed to consider her request. Hence, this writ petition.

4.The third respondent has filed a counter affidavit stating that the total rental amount due as on 01.07.2021 is Rs.4,99,330/- and since the petitioner has not produced the legal heir certificate, the rental amount was not paid. 5.In view of the above, this Court directs the petitioner to produce the legal heir certificate before the respondents within a period of one week from the date of receipt of a copy of this order. On production of the legal heir certificate by the petitioner, the respondents are directed to consider for

disbursement of the amount in favour of the petitioner, within a period of four weeks thereafter.

6.The writ petition is accordingly disposed of. No costs. Sd/- Assistant Registrar(LA) //True Copy// Sub Assistant Registrar pri To

1. The Branch Manager Indian Bank, Saligramam Branch, Saligramam, Chennai - 93.

2. The Divisional Manager, Canara Bank, Premises and Estate Section, Circle Office, Teynampet, Chennai - 78.

3. The Executive Director, Financial Software and System Pvt. Ltd., Chennai (Headquarters), G-4, 1st Cross Street, SIPCOT IT Park, Rajiv Gandhi Salai (OMR), Siruseri, Navalur, Chennai - 103.

+1cc to M/s.S.Sivakumar, Advocate, S.R.No.2326 W.P.No.17454 of 2020 AJS(CO) SU(21/02/2022)