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Madras High CourtWP/34510/2025disposed of with direction

A.Rathinam v. The Divisional Manager

2025-09-12Honourable Mr Justice M.Dhandapani6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 12.09.2025 CORAM :

THE HONOURABLE MR. JUSTICE M. DHANDAPANI A.Rathinam ... Petitioner Vs.

The Divisional Manager, Life Insurance Corporation of India, Gandhi Road, Salem.

... Respondent Prayer : Writ Petition filed under Article 226 of the Constitution of India praying for issuance of Writ of Mandamus, directing the respondent to disburse 50% of the LIC maturity amount of Late Mr.Nagalingam in favour of the petitioner, based on the Legal Heir Certificate No.TN-7202312112566 dated 02.01.2024, without insisting upon a No Objection Certificate from the petitioner's brother Mr.Ramalingam.

For Petitioner : Mr.J.Pradeep For Respondent : Notice dispensed with ***** Page No.1 of 6

ORDER

This Writ Petition has been filed by the petitioner seeking for a Writ of Mandamus, to direct the respondent to disburse 50% of the LIC maturity amount of Late Mr.Nagalingam in favour of the petitioner, based on the Legal Heir Certificate No.TN-7202312112566 dated 02.01.2024, without insisting upon a No Objection Certificate from the petitioner's brother Mr.Ramalingam.

2. In view of the order, which is going to be passed in this writ petition, notice to the respondent is dispensed with.

3. The case of the petitioner is that he is one of the two surviving legal heirs of his deceased brother Nagalingam, who was employed as a Graduate Teacher in Government Higher Secondary School, Ramiyampatti, Dharmapuri District and who passed away on 02.11.2018, unmarried and without children. A legal heri certificate dated 02.01.2024 was issued by the Tahsildar, Pappireddipatti Taluk, certifies that the petitioner and his brother Ramalingam are the only legal heirs. Therefore, Page No.2 of 6

the service and savings benefits including the LIC policy maturity amount of the deceased are legally required to be shared equally among the legal heirs of the deceased. However, the said Ramalingam is attempting to appropriate the entire maturity amount thereby denying the petitioner's lawful 50% share. Hence, on 15.04.2025, the petitioner has made a representation to the respondent seeking release of his share. Since the same was not considered by the respondent, the petitioner has filed this writ petition before this Court for appropriate orders.

4. Though very many grounds have been raised in this writ petition, learned counsel appearing for the petitioner submits that, it would suffice, if this Court issues a direction to the respondent to disburse 50% of the LIC maturity amount of Late Mr.Nagalingam in favour of the petitioner, based on the Legal Heir Certificate dated 02.01.2024, without insisting upon a No Objection Certificate from the petitioner's brother Mr.Ramalingam, within a time frame that may be fixed by this Court.

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5. In view of the limited request sought for by the learned counsel appearing for the petitioner, this Court, without expressing any opinion on the merits of the case, directs the petitioner to send a copy of the representation dated 15.04.2025 along with a copy of this order to the respondent, within a period of one (1) week from the date of receipt of a copy of this order. Upon receipt of the same, the respondent shall consider it, on its merits and in accordance with law and pass appropriate orders, within a period of four (4) weeks thereafter, after affording an opportunity of personal hearing to the petitioner and his brother Ramalingam.

6. With the above direction, this Writ Petition is disposed of. No costs.

12.09.2025 Index : Yes / No Speaking order / Non-speaking order sp Page No.4 of 6

To The Divisional Manager, Life Insurance Corporation of India, Gandhi Road, Salem.

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M.DHANDAPANI, J.

sp 12.09.2025 Page No.6 of 6