Uma v. Indian Overseas Bank

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 21.08.2017

CORAM:

THE HONOURABLE MR.JUSTICE M.M.SUNDRESH and THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR W.A.(MD) No.1419 of 2014 and C.M.P(MD)No.2422 of 2016 Mrs.Uma ... Appellant/Petitioner -vs1. Indian Overseas Bank, Regional Office, 80 Ft Road, Anna Nagar, Madurai-20.

Through its Regional Manager,

2. The Branch Manager, Indian Overseas Bank, Varichiyoor Branch, Uragampatti, Madurai-20.

3. Mrs. Visalakshi ... Respondents/Respondents PRAYER: Writ Appeal filed under Clause 15 of Letters Patent, to allow this Writ appeal by setting aside the order passed by the Learned Judge in W.P.(MD)No.10277 of 2013, dated 13.06.2014. Prayer in WP(MD). 10277/ 2013 :

Writ Petition is filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, to direct the respondents 1 & 2 to apportion 3/4th of the money standing in the credit of the petitioners husband Late Jeyapandi in Social Service Benefit Scheme and direct the Respondent Bank to give it to the petitioner and deposit the 1/2 share money of the minors in Fixed Deposit till they attain majority and to pay the Petitioner of her share and interest of Minors. For appellant :

Mr.T.S.R.Venkataramana For R1 & R2 :

Mr.M.Senthilkumar For R3 : No appearance

O R D E R

[Order of the Court was made by M.M.SUNDRESH, J.] Despite the fact that the matter was posted today, after noting the non-appearance of the third respondent, even today there is no representation. Therefore, we constrained to pass orders on merit. 2.The appellant is the wife of the deceased Jayapandi. She is having two minor children born out of the wedlock between her and the deceased person. The deceased person died in harness while in service. A sum of Rs.4,00,000/- is due under the Social Service Benefit Scheme (SSBS). The deceased nominated the third respondent, who is the mother of the deceased, thus incidentally mother-in-law of the petitioner. It was done at the time, when he was not married. Now the appellant wants the aforesaid amount to be apportioned. The learned Single Judge dismissed the writ petition by directing the parties to approach the Civil Court. Challenging the same, the present writ appeal has been filed.

3.The learned counsel for the appellant would submit that even before the learned Single Judge, there is no dispute on the relationship and factum of deposit is not denied. In such view of the matter, the learned Single Judge ought to have allowed the writ petition.

4.The learned counsel appearing for the respondents 1 & 2 would submit that the amount is available in the deposit for a sum of Rs.4,00,000/- along with interest, if appropriate orders passed, the same would be complied with.

5.The nominee nearly holds the money on behalf of other legal heirs. She is only a Trustee of other legal heirs of the deceased. The relationship between the deceased and the appellant along with children is not in dispute. The appellant is a widow having two minor children. There appears to be a serious dispute between the parties. According to the appellant, she has been driven away from the matrimonial home and her jewels have been kept with the third respondent. We are not willing to go with the said issue. Inasmuch as the basic facts are not in dispute, we feel that it would be unfair to drive the appellant to go into the Civil Court for the issue pertaining to the apportionment alone. While the basic facts are not in dispute, there is no necessity to drive the parties to approach the Civil Court, which would be cumbersome apart from time consuming.

6.Accordingly, the writ appeal stands allowed. The respondents 1 and 2 are directed to give 1/4th share of the deposit available under Social Service Benefit Scheme (SSBS) in favour of the appellant, within a period of eight weeks from the date of receipt of a copy of this order. The 1/4th share of each of the minors shall

be deposited by the appellant in a interest bearing fixed deposit, in any one of the Nationalised Bank, initially for a period of three years, renewable thereafter, till the minor children attain majority. It is well open to the third respondent to take her respective share of 1/4th share from the respondents 1 and 2. Consequently, connected miscellaneous petition is also closed. No costs.

Sd/- Assistant Registrar (Crl.side) /True Copy/ Sub Assistant Registrar To

1. The Regional Manager, Indian Overseas Bank, Regional Office, 80 Ft Road, Anna Nagar, Madurai-20.

2. The Branch Manager, Indian Overseas Bank, Varichiyoor Branch, Uragampatti, Madurai-20.

+ 1 CC TO Mr.T.S.R.VENKAT RAMANA, ADVOCATE IN SR No. 73534 + 1 CC TO Mr.M.SENTHILKUMAR, ADVOCATE IN SR No. 74161 AM/CP TE/JC/SAR-I : 01/09/2017 : 3P/5C W.A.(MD) No.1419 of 2014 and C.M.P(MD)No.2422 of 2016 21.08.2017