A. Rathinam v. The Secretary

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 07-04-2026

CORAM

THE HON'BLE MR JUSTICE M.DHANDAPANI A.Rathinam ..Petitioner(s) Vs

1. The Secretary, Primary Agricultural Co-operative Credit Society, Kurubarahalli, Pappireddiapatty Taluk, Dharmapuri District.

2. Ramalingam ..Respondent(s) Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying for the issuance of a writ of Mandamus, to direct the respondents to disburse 50% of the savings 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(s):

Mr.J.Pradeep For Respondent(s):

Dr.S.Suriya Additional Government Pleader for R1 No appearance for R2

O R D E R

This Writ Petition is filed for a Mandamus directing the respondents to disburse 50% of the savings amount of Late 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. The case of the petitioner is that the petitioner's brother, namely, Nagalingam, was working as Graduate Teacher in Government Higher Secondary School, Ramiyampatti, Dharmapuri District and he passed away on 02.11.2018, while in service and he was unmarried at the time of death. His parents also predeceased him. Therefore, the petitioner and his another brother, namely, Ramalingam / 2nd respondent, being the legal heirs of Nagalingam applied for Legal Heir Certificate before the Tahsildar and the Legal Heir Certificate was also issued on 02.01.2024 declaring the petitioner and his brother, namely, Ramalingam as legal heirs of the deceased Nagalingam. Hence, the petitioner has made a representation on 15.04.2025 to the respondent seeking release of 50% of the savings amount dues payable to his late brother in his favour, however, no action was taken. Hence, he has filed the instant writ petition.

3. The learned counsel appearing for the petitioner submits that the petitioner and his brother, namely, Ramalingam/second respondent are the only legal heirs of the deceased and they are equally entitled to seek 50% of the savings amount of late Nagalinam and therefore, forcing the petitioner to come along with his brother, namely, Ramalingam/second respondent and obtain No Objection Certificate from his brother is not sustainable one.

4. The learned Additional Government Pleader appearing for the first respondent submits that the first respondent is the Secretary of the Primary Agricultural Co-operative Credit Society and the appropriate Authority is the Special Officer of the first respondent Bank and the petitioner has to approach the Special Officer of the first respondent Bank for disbursal of the savings amount of the deceased.

5. In view of the submission made by the Additional Government Pleader appearing for the first respondent, this Court, without going into the merits of the case, permits the petitioner and the second respondent to appear before the Special Officer of the first respondent Bank within a period of two weeks from the date of receipt of a copy of this order. After hearing the petitioner and the second respondent, the Special Officer of the first respondent Bank is directed

to conduct enquiry and take appropriate action within a period of six weeks thereafter.

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

07-04-2026 Index: Yes/No Speaking/Non-speaking order ssb To The Secretary, Primary Agricultural Co-operative Credit Society, Kurubarahalli, Pappireddiaptty Taluk, Dharmapuri District.

M.DHANDAPANI J.

ssb 07-04-2026