Sachithananth .A.R v. Bank Of India

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 24.02.2025

CORAM:

THE HONOURABLE MR.JUSTICE VIVEK KUMAR SINGH A.R.Sachithananth ...

Petitioner Vs 1 Bank of India, Iyer Bungalow Branch, Rep by its Manager, Madurai.

2 Inspector of Police, J1, Saidapet Police Station, Saidapet, Chennai - 600 015.

3 Dr.S.Brathiba 4 S.Ramesh 5 Dr.N.Sethuraman ...

Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India, praying for issuance of a writ of mandamus, forbearing the first respondent from returning / paying the amount of money lying in deposit with the first

respondent Bank of India, Iyer Bungalow Branch, Madurai, in respect of the three accounts of deceased Dr.Rajam Sethuraman, Cust ID No.007368633, account Nos (1) 821856110000012, (2) 821856110000011, and (3) 821810100000600.

For Petitioner :

Mr.K.Subramanian, Senior Counsel, for Mr.P.Saravanan.

For Respondent 1 : Mr.B.Rajesh Saravanan For Respondent 2 : Mr.M.Vaikkam Karunanithi For Respondent 3 : Mr.P.Thiyagarajan For Respondent 4 : Mr.T.Lajapathi Roy, Senior Counsel, for Mr.S.Rajasekar For Respondent 5 : Mr.A.Kesavan

ORDER

This Writ Petition is filed, seeking issuance of writ of mandamus, forbearing the first respondent from returning / paying the amount of money lying in deposit with the first respondent Bank of India, Iyer Bungalow Branch, Madurai, in respect of the three accounts of deceased Dr.Rajam Sethuraman, Cust. ID No.007368633, account Nos (1) 821856110000012, (2) 821856110000011, and (3) 821810100000600.

2. According to the petitioner, one Dr.Rajam Sethuraman, founder of S.R.Trust, which was running Meenakshi Mission Hospital and Research Centre at Madurai, passed away on 20.06.2021. At the time of her death, Dr.Rajam Sethuraman was maintaining three accounts with Bank of India, first respondent herein. After her demise, her elder son dishonestly removed certain dairies, gold jewellery and costly ornaments. The grievance of the petitioner was that there were legal disputes among the legal heirs of the deceased Dr.Rajam Sethuraman. Hence, he came forward with the present Writ Petition, for the above relief.

3. This Court wonders, how the petitioner, who is a stranger and third party, not at all related to the deceased Dr.Rajam Sethuraman, is aggrieved over the payments of deposits of the deceased, lying with the first respondent bank. In the considered opinion of this Court, the petitioner has no locus to file this Writ Petition. If at all, there are any legal disputes among the legal heirs of the deceased, as pointed out by the petitioner, it is for the said legal heirs to agitate the same before appropriate forum and not for the petitioner, who is in no way connected with the deceased, to approach this Court by way of this Writ Petition. The approach of the petitioner is totally disturbing this Court.

4. If the petitioner has any grievance over the distribution/allocation of estate or deposits of the deceased Dr.Rajam Sethuraman, he may move Civil Court for appropriate remedy, if he so wishes. This Court is not the forum to settle the scores between the parties. Also, this Court does not entertain the civil disputes between the parties, if any, under Article 226 of the Constitution of India.

5. Writ Petition is dismissed accordingly. No costs. Consequently, the connected W.M.P.(MD) No.23712 of 2024 is closed. 24.02.2025 NCC :

Yes / No Index :

Yes / No Internet :

Yes / No dixit To:

1 Bank of India, Iyer Bungalow Branch, Rep by its Manager, Madurai.

2 Inspector of Police, J1, Saidapet Police Station, Saidapet, Chennai - 600 015.

VIVEK KUMAR SINGH, J.

dixit 24.02.2025