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Madras High CourtWP/42552/2025disposed of with direction

A.Rathinam v. The Bank Manager

2025-11-07Honourable Mr Justice M.Dhandapani4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 07.11.2025

CORAM

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

The Bank Manager, The Indian Bank, Silliarahalli Branch, Dharmapuri District.

... Respondent Prayer: Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the respondent to disburse 50% of savings amount of Mr.Late Nagalingam in the savings account no.843344238 and FD accounts no.6522834713, 6575775425, 6586550237 and 6604242249 in favour of the petitioner based on the legal heir certificate No.TN-7202312112566 dated 02.01.2024. For petitioner : M/s.R.Geetha Lakshmi

ORDER

This Writ Petition has been filed seeking a direction to the 2nd respondent to consider the petitioner's application dated 20.02.2025 seeking issuance of death certificate in respect of her deceased father within the time that may be stipulated by this Court.

2. Since no adverse order is being passed against the respondent, notice to the respondent is dispenses with.

3. It is the case of the petitioner that her brother viz., Nagalingam is the holder of savings account bearing A/c.No. 843344238 and FD A/c Nos.6522834713, 6575775425, 6586550237 and 6604242249 in the respondent bank. The said Nagalingam died on 02.11.2018 and he had no legal heirs except the petitioner herein and her brother viz., Ramalingam. Therefore, the petitioner submitted the representation on 16.04.2025 and 03.10.2025 to the respondent seeking disbursal of 50% of total deposits lying to the credit of the deceased in the respondent bank. Since, no orders have been on the said respondent by the respondent bank, the petitioner has come up with the present Writ Petition.

4. Learned Counsel appearing for the petitioner submits that it would suffice, if this Court issues a direction to the respondent to consider the representations dated 16.04.2025 and 03.10.2025 of the petitioner and pass appropriate orders on the same within the time that may be stipulated by this Court.

5. In view of the limited relief sought for by the petitioner, this Court without expressing any opinion on the merits of the case, the respondent is directed to disburse the eligible amount lying to the credit of the deceased in favour of his legal heirs upon satisfaction of the indemnity bond after conducting appropriate enquiry in that regard within a period of six (6) weeks from the date of receipt of a copy of this order, after affording an opportunity of hearing to the petitioner as well as her brother viz., Ramalingam and other interested parties, if any.

7. This Writ Petition stands disposed of with the aforesaid direction. There shall be no order as to costs.

07.11.2025 Index : Yes / No Internet : Yes / No Speaking Order/Non-Speaking Order Nhs

M.DHANDAPANI, J.

Nhs To 1.The District Collector, Office of the District Collector, Krishnagiri, Tamilnadu-635109.

2.The Revenue District Officer, Office of the Revenue District Officer, Krishnagiri Taluk, Krishnagiri, Tamil Nadu-635109.

3.The Tahsildar, Office of the Tahsildar, Krishnagiri Taluk, Tamil Nadu-635109.

07.11.2025