Regina Fatima Marie Saint Jacques v. Union Of India Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 09.08.2024

CORAM:

THE HON'BLE MR. JUSTICE M.DHANDAPANI and W.M.P. No.24895 of 2024

1. Regina Fatima Marie Saint Jacques,

2. Ginette Brigitte Kamala Saint Jaques ....

Petitioners

Versus

1. Union of India Represented by its Secretary (Home), Government of Pondicherry, Pondicherry.

2. The Deputy Collector (North), O/o. The Collectorate, Competent Authroity under PPDFE Act), Pondicherry.

3. M/s.PNL Nidhi Ltd., Mission Street, Pondicherry.

4. The Hon'ble Administrator, (The Hon'ble Justice Mala), M/s.PNL Nidhi Ltd., Jawahar Nagar, Puducherry.

...

Respondents Writ Petition filed under Article 226 of the Constitution of India to issue Writ of Mandamus directing the 4th respondent to consider the representation dated 24.06.2024 and to release the PNL deposit amounts 1/6

made by Mr.Antoine Saint Jacques to the apportionment of the legal heirs viz., 1. Regina Fatima Marie Saint Jacques, 2. Ginette Brigitte Kamala Saint Jacques entitlement pending settlement to Mrs.Catherine Germaine Solange Saint Jacques till she submits full documents. For Petitioners : Mr.G. Prabhakar For Respondents : Mr.V. Vasanthakumar Addl. Govt. Pleader (Pondy)

ORDER

By consent of both parties, this writ petition is taken up for final disposal at the admission stage itself.

2. This writ petition has been filed seeking for a Mandamus, directing the 4th respondent to consider the representation dated 24.06.2024 and to release the PNL deposit amounts made by Mr.Antoine Saint Jacques to the apportionment of the legal heirs viz., 1. Regina Fatima Marie Saint Jacques, 2. Ginette Brigitte Kamala Saint Jacques entitlement pending settlement to Mrs.Catherine Germaine Solange Saint Jacques till she submits full documents.

3. It is stated that three women individuals, they are, the petitioners herein along with Catherine Germane Solange Saint - Jacques are the legal heirs of the deceased Mr.Antoine Saint-Jacques (PND Depositor). It is further stated that there is no dispute between them and all of them have 2/6

jointly approached the 4th respondent by way of representations to release the PNL Deposit amount of his father (deceased), as they are the Legal Heirs. Subsequently, the 4th respondent has sent a communication, to the petitioners on 30.11.2023, whereby petitioners have been informed to produce certain documents for processing their requests to release the said PNL Deposit. Thereafter, they have sent representations, lastly on 17.04.2024 along with requisite documents of the two legal heirs of the deceased, except Catherine, who is the third legal heir as she does not possess any other documents to substantiate the citizenship of Indian. In the aforesaid situation, this writ petition has been filed for issuance of necessary directions by this Court to consider the petitioner's representation, dated 17.04.2024.

4. Learned counsel for the petitioners submitted that the father of the petitioners was a French National, who lived in Pondicherry at the time of his death and his entire family was in France. When that being the position, various representations have been submitted by the petitioners to the 4th respondent to release the PNL deposits of their deceased father. Hence, he prays that it would suffice, if this Court directs the 4th respondent to consider the representation of the petitioners for release of the PNL deposits due to the petitioners Late father, within a time frame that 3/6

may be fixed by this Court.

5. Per contra, Mr.V. Vasanthakumar, learned Additional Government Pleader (Pondicherry) submitted without submitting the requisite documents required by the 4th respondent, the petitioners are approaching this Court, which is quite unfair. He further submitted that a similar relief was also granted by this Court on 28.04.2023 in W.P. No.13790 of 2023. In such view of the matter, this writ petition is not maintainable and he prays for mere dismissal of the same.

6. Heard the learned counsel on either side and perused the materials on record.

7. Though limited prayer was sought for by the petitioners, the said relief cannot be extended now, as the Petitioners have to submit all relevant / requisite documents to the 4th respondent along with necessary enclosures, which will enable them to consider the petitioners representations for relasing the PNL deposits of the deceased Antonie Saint Jacques. Further, the same relief sought for herein was already considered by this Court on 28.04.2023 in W.P. No.13790 of 2023, as rightly pointed out by the learned Additional Government Pleader. Hence, knocking the doors of this Court again and again, that too, without submitting the requisite details to the 4th respondent is an impermissible one and cannot be entertained. 4/6

Therefore, this Court is not inclined to issue any positive directions as prayed for in this writ petition and accordingly, the same is dismissed. However, liberty is granted to the petitioners to approach the 4th respondent to work out their remedy in the manner known to law, vide earlier directions issued by this Court on 28.04.2023 in W.P. No.13790 of 2023. No costs. Consequently, connected miscellaneous petition is closed. 09.08.2024 (2/2) Index : Yes / No Internet: Yes/No Speaking Order/Non-Speaking Order vsi2 To

1. The Secretary (Home), Union of India, Government of Pondicherry, Pondicherry.

2. The Deputy Collector (North), O/o. The Collectorate, Competent Authroity under PPDFE Act), Pondicherry.

3. M/s.PNL Nidhi Ltd., Mission Street, Pondicherry.

M.DHANDAPANI, J.

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4. The Hon'ble Administrator, (The Hon'ble Justice Mala), M/s.PNL Nidhi Ltd., Jawahar Nagar, Puducherry.

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