Madras High CourtWP(MD)/8770/2021allowed

Krishnasamy.K v. The Secretary

2023-09-22Honourable Mrs Justice S.Srimathy4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 22.09.2023

CORAM:

THE HONOURABLE MRS.JUSTICE S. SRIMATHY W.P(MD) No. 8770 of 2021 K. Krishnasamy :Petitioner ..Vs..

1. The Secretary, Dindigul District Central Cooperative Bank Limited, Kootturavu Nagar, Thiruchi - Dindigul Road, Dindigul - 624 005, Dindigul District.

2. The Branch Manager, Dindigul District Central Cooperative Bank Limited, Gopalpatti Branch, Dindigul Natham Main Road, Dindigul District - 624 308.

: Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of to issue a Writ, order or direction more particularly in the nature of a WRIT OF MANDAMUS directing the 2nd respondent herein to release the Jewels lying in the name of the mother of the petitioner namely Shenbagavalli vide Jewel Loan Account Nos. 711019301 and 711039962 respectively by 1/4

considering the representation of the petitioner dated 16.10.2020. For Petitioner : No Appearance For Respondents :

Mr. D. Shanmugaraja Sethupathi

O R D E R

The present Writ Petition is filed for issuance of a writ of Mandamus, to direct the 2nd respondent herein to release the Jewels lying in the name of the mother of the petitioner namely Shenbagavalli vide Jewel Loan Account Nos. 711019301 and 711039962 respectively by considering the representation of the petitioner dated 16.10.2020. 2.The contention of the petitioner is that he has repaid the entire loan amount. Therefore, he is entitled to retrieve the jewel. The respondents are not denying to release the jewel. However, the respondents directed the petitioner to submit the legal heir certificate along with no objection certificate from the other legal heirs to return the jewels to the petitioner.

3.Therefore, the petitioner is directed to submit the legal heir 2/4

certificate along with no objection certificate from other the legal heirs. On such submission, the respondents shall disburse the jewels to the petitioner.

4. Accordingly, the Writ Petition is allowed as stated above. No costs.

22.09.2023 Index:Yes/No Internet:Yes/No tmg 3/4

S. SRIMATHY, J., tmg W.P(MD) No. 8770 of 2021 22.09.2023 4/4