U.Selvamani v. Tamilselvan

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 16.08.2022

CORAM:

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN in W.P.(MD)No.24421 of 2019 U.Selvamani ... Petitioner Vs Tamil Selvan, The Manager, 2215/148, Urban Co-operative Bank Limited, 68, Salaitheru, Ramanathapuram - 625 501.

...Respondent

PRAYER: Petition filed under Section 11 of the Contempt of Courts Act, to punish the contemnor/2nd respondent under Section 11 of Contempt of Courts Act for having willfully and deliberately disobeying the order of this Court passed in W.P.(MD)No.24421 of 2019 dated 13.12.2019. For Petitioner : Mr.R.Murugaboopathy For Respondent : Mr.M.Senthil Ayyanar, Government Advocate.

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ORDER

Heard the learned counsel for the petitioner, the learned Government Advocate for the respondent and the learned standing counsel for the first respondent in the writ petition. 2.Mr.Ulaganathan, the husband of the petitioner herein had made deposits and was holding accounts in the respondent bank. The accounts held by him can be put into the following categories:- "(1) Accounts in which his nephew/D.S.Bala Murali was shown under the either or survivor category.

(2) Accounts in which D.S.Bala Murali was shown as nominee.

(3) Accounts/deposits which were only in the name of Ulaganathan and no nomination was made."

3.The learned Government Advocate for the respondents on instructions states that he has no objection for disbursing the amounts in which Bala Murali was shown under either or survivor category. It is 2/4

well settled that a nominee cannot appropriate the amounts. There is no dispute that the petitioner and Uthandaraman are the legal heirs of late.Ulaganathan. The bank is directed to disburse the amounts falling under category b and c to the petitioner/Selvamani and son Uthandaraman in equal shares. This order is passed with the consent of Mr.D.S.Bala Murali.

4.The contempt petition is disposed of accordingly. No costs. 16.08.2022 Index : Yes/No Internet : Yes/No ias To:

The Manager, 2215/148, Urban Co-operative Bank Limited, 68, Salaitheru, Ramanathapuram - 625 501.

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G.R.SWAMINATHAN, J.

ias in W.P.(MD)No.24421 of 2019 16.08.2022 4/4