Madras High CourtWP(MD)/7636/2012disposed of

T. Seenivasan, v. The Pearls General Finance

2021-04-29Honourable Mr Justice N. Anand Venkatesh2 pages

W.P.(MD)No.7636 of 2012 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED :29.04.2021

CORAM:

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH W.P.(MD)No.7636 of 2012 T.Seenivasan : Petitioner Vs.

1. The Pearls General Finance and Investment Company, No.9, Rehaja Complex, 2nd Floor, Mount Road, Chennai-600 002.

2. The General Manager, Department of Non Banking Supervision, Revenue Bank of India, No.15, N.S.Road, Kolkatta-700 001.

: Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus, directing the first respondent to sanction the amount in respect of Policy No.E14014840, dated 28.06.1983, to the petitioner. For Petitioner : Mr.K.Kumaravel For R-1 : Mr.M.Jeyakumar

ORDER

This Writ Petition has been filed for the issue of a Writ of Mandamus directing the first respondent to sanction the amount that remains in the Policy No.E14014840 to the petitioner.

2. The case of the petitioner is that he was adopted by late Thangavel, in the year 1985 and he was taken care of by his adoptive father. Subsequently, the petitioner also filed a suit for declaration to declare him as the adoptive son in O.S.No.147 of 2011, before the Principal District Munsif Court, Srivilliputhur and the said suit was also decreed by Judgment and Decree, dated 25.01.2012. According to the petitioner, this Decree has become final and no appeal has been filed.

3. The further case of the petitioner is that his adoptive father late Thangavel had taken a policy from the first respondent on 28.06.1983 and he was paying premium till his death. Immediately, on his death, the petitioner made a representation on 11.05.2012, seeking for the payment of the policy amount to the https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P.(MD)No.7636 of 2012 petitioner. Since the same was not considered, the present Writ Petition has been filed before this Court seeking for appropriate directions.

4. Heard Mr.K.Kumaravel, learned counsel appearing on behalf of the petitioner and Mr.M.Jeyakumar, learned counsel appearing on behalf of the first respondent.

5. It is brought to the notice of this Court that the policy amount dues remain with the first respondent and it has not been disbursed till date.

6. Taking into consideration the fact and circumstances of the case, there shall be a direction to the first respondent to disburse the amount lying in Policy No.E14014840 to the petitioner, within a period of four (04) weeks from the date of receipt of a copy of this order.

7. The petitioner is directed to make a fresh representation to the first respondent along with all the relevant documents and also a copy of this order. A copy of the representation shall also be sent to the first respondent.

8. This Writ Petition stands disposed of with the above directions. No costs.

Sd/- Assistant Registrar (CS III) // True Copy // / /2021 Sub Assistant Registrar(CS) NOTE: In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

+1 CC to M/s.K.KUMARAVEL, Advocate ( SR-18158[F] dated 30/04/2021 ) Order made in W.P.(MD)No.7636 of 2012 Dated:

29.04.2021 AS(07.06.2021)3P 2C https://hcservices.ecourts.gov.in/hcservices/ 2/2