M.Subhathra v. The Chief Manager

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 17.11.2023 CORAM :

THE HONOURABLE DR.JUSTICE ANITA SUMANTH M.Subhathra .. Petitioner vs The Chief Manager Tamil Nadu Mercantile Bank Ltd., Part Centre, No.25, Venkatanarayana Road, T.Nagar, Chennai - 600 017.

.. Respondent Petition filed under Article 226 of the Constitution of India praying to issue a writ of mandamus directing the respondent bank, to consider the petitioner's representation dated 29.09.2023 to disburse the 4/5 shares amount available with the respondent bank, i.e., Tamil Nadu Mercantile Bank, T.Nagar, in Term Deposit No. 055100050301203 in respect of the petitioner's (late) husband R.Mohan, be credited in the petitioner's Savings Bank Account No.49510100003433 on the Bank of Baroda, Kodambakkam Branch, Chennai.

For Petitioner :

Mr.G.Saravana Kumar For Respondent :

Mr.V.Chandrasekaran Standing Counsel

ORDER

Mr.V.Chandrasekar, learned counsel, states that he has filed vakalat under Sr.No.36925 of 2023. In any event, he is armed with 1/4

necessary instructions to enable final disposal of this matter. 2.

The petitioner claims to be the widow of one Late R.Mohan. She has prayed for a mandamus directing the sole respondent / Tamilnadu Mercantile Bank Limited, T.Nagar, Chennai (Bank) to consider her representation dated 29.09.2023 wherein the prayer is for disbursal of 4/5 share of the amount available with the bank in term deposit No.055100050301203, to her bank account.

3.

Insofar as the adjudication of her request requires marshalling and assimilation of various facts, it would be outside the ken of writ jurisdiction. That apart, since the Bank is already seized of the same prayer, it is appropriate that the Bank be directed to look into the petitioner's request and pass appropriate orders. 4.

Mr.Chandrasekar, has no objection to such a direction being issued. Hence, mandamus is issued to the Chief Manager, Tamil Nadu Mercantile Bank, who is arrayed as sole respondent, to consider the petitioner's representation dated 29.09.2023 and pass appropriate orders in accordance with law after hearing the petitioner and calling for any other particulars / details that may be necessary for that purpose. The respondent is also at liberty to call upon any other family member or person who may be necessary for proper adjudication of the matter. A decision will be taken within a 2/4

period of two weeks from date of receipt of this order, in accordance with law and all prevailing rules and regulations. 5.

Writ petition stands disposed in terms of this order. No costs.

17.11.2023 Index:Yes/No ssm To The Chief Manager Tamil Nadu Mercantile Bank Ltd., Part Centre, No.25, Venkatanarayana Road, T.Nagar, Chennai - 600 017 3/4

DR. ANITA SUMANTH,J.

ssm 17.11.2023 4/4