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Madras High CourtWP/287/2025dismissed

Mr.Ramsekar v. The Ombudsman

2025-01-07Honourable Mr Justice S. Sounthar5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 07.01.2025

CORAM

THE HONOURABLE MR. JUSTICE S.SOUNTHAR W.P No.287 of 2025 Mr.Ramsekar

...Petitioner

Vs.

1.The Ombudsman Centralised Receipt And Proceesing Centre (CRPC) C/o.Reserve Bank Of India, Banking Office, Fort Glacis, Rajaji Salai, Chennai- 600 001.

2.The Authorised Officer Reserve Bank of India Foreign Exchange Department, Fort Glacis, 16, Rajaji Salai, P.B. No.40, Chennai, Tamil Nadu- 600 001.

3.The Branch Manager Bank Of Baroda, No.119, M.T.H. Road, Ambattur, Chennai- 53 .... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, direct the 1st and 2nd Respondents to direct 3rd Respondent to release a sum of Rupees Rs.8,38,262.78/-pending of Mrs N.Ramaneswari in Account No. 05330100013916 in the light of Notification issued by Reserve Bank i,e 2nd Respondent dated 9th June 2005 and 3rd September 2013 .

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For Petitioner : Mr.I.Arockia Selvaraj For Respondents : Mr.R.Sreedhar for R3

O R D E R

By consent of both the learned counsel appearing for the petitioner as well as respondents, this writ petition is disposed of at the admission stage itself.

2. The writ petition is filed seeking a direction to respondents 1 and 2 to direct the 3rd Respondent to release a sum of Rs.8,38,262.78/- pending on the account of Mrs.N.Ramaneswari in Account No. 05330100013916 in the light of the notifications issued by the Reserve Bank of India/ 2nd Respondent dated 09.06.2005 and 03.09.2013.

3. According to the petitioner, he is an adopted son of the above said N.Ramaneswari and she died on 06.05.2024. Thereafter, the petitioner submitted a representation before the 3rd respondent seeking release of the amount lying in the account of the deceased based on the circulars issued by Reserve Bank of India and the same has not been considered. Hence, the petitioner has come before this Court.

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4. The circulars issued by the Reserve Bank of India only directs the bank to settle the claim to the nominee of the account within 15 days. It further directs the banks to exhibit the claim form in the official website to enable the claimants to download and file it before the banks without any difficulty.

5. The petitioner herein claiming himself as adopted son of said Ramaneswari. However, he has not produced any material that he is an adopted son of the deceased. In such circumstances, this Court is not inclined to issue any positive direction to the respondents to release the amount lying in the account of the deceased Ramaneswari to the petitioner.

6. Accordingly, the writ petition stands dismissed. However, it is open to the petitioner to establish his relationship with the deceased and file a fresh claim before the 3rd respondent seeking release of the amount on the strength of his legal entitlement. No costs.

07.01.2025 Index : Yes/No Internet : Yes/No Speaking Order/Non-Speaking Order : Yes/No nr 3/5

To 1.The Ombudsman Centralised Receipt And Proceesing Centre (CRPC) C/o.Reserve Bank Of India, Banking Office, Fort Glacis, Rajaji Salai, Chennai- 600 001.

2.The Authorised Officer Reserve Bank of India Foreign Exchange Department, Fort Glacis, 16, Rajaji Salai, P.B. No.40, Chennai, Tamil Nadu- 600 001.

3.The Branch Manager Bank Of Baroda, No.119, M.T.H. Road, Ambattur, Chennai- 53 . 4/5

S.SOUNTHAR , J.

nr W.P No.287 of 2025 07.01.2025 5/5