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Madras High CourtWP(MD)/16437/2025disposed of

Venkatasamy v. The General Manager,

2025-06-19Honourable Mr Justice C. Saravanan6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 19.06.2025

CORAM

THE HONOURABLE MR.JUSTICE C.SARAVANAN W.P(MD).No.16437 of 2025 Venkatasamy ... Petitioner Vs.

1.The General Manager, State Bank of India, LHO, SBI, Nungambakkam, Chennai.

2.The Branch Manager, State Bank of India, ACB Ambathurai Branch, Branch Code:3373, Dindigul.

3.The Branch Manager, The Dindigul Central Co-Operative Bank Ltd., Chinnalapatti Branch, Dindigul.

...Respondent

Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, to direct the respondents 2 and 3 to return the deposit amount of the petitioner's wife deceased namely Late.Sarojini W/O.Venkatasamy in connection with SBI Ambathurai Branch in account No.11442901182 (sr.Citizen), and Dindigul Central Co-operative Bank limited S.B.Account No.202007665 Chinnalapatti Branch to the petitioner and petitioner's son based on the petitioner's representation dated 1/6

05.12.2024.

For Petitioner : Mr.P.Manikandan For Respondents : Mr.G.Radha Krishnan (for R1 & R2) Mr.D.Shanmugaraja Sethupathi (for R3)

ORDER

The petitioner has filed this writ petition to direct the respondents 2 and 3 to return the deposit amount of the petitioner's wife deceased namely, Sarojini W/O.Venkatasamy in connection with SBI Ambathurai Branch in account No.11442901182 (sr.Citizen), and Dindigul Central Co-operative Bank limited S.B.Account No.202007665 Chinnalapatti Branch to the petitioner and petitioner's son based on the petitioner's representation dated 05.12.2024.

2.By consent of both parties, this writ petition is taken up for final disposal at the admission stage itself.

3.The case of the petitioner is that the subject account was standing in the name of the petitioner's deceased wife, namely, late Sarojini, who died on 26.04.2017. It is a further case of the petitioner that the amounts are lying in her account, and the same are required for the petitioner for himself to meet the medical expenses for maintaining his blind son. 2/6

4.The learned counsel appearing for the respondents 1 and 2 submitted that the amounts that are lying in the name of the petitioner's deceased wife, namely, late.Sarojini, can be released subject to the petitioner filing a suitable no objection from the other legal heirs of the petitioner's wife, namely the son and the daughter.

5.It is informed by the learned counsel appearing for the petitioner that the petitioner's daughter is not responding and they are not on talking terms. 6.Considering the fact that the petitioner is aged about 80 years and he is taking care of his blind son, there shall be a direction to the respondents 1 to 3 to release 1/3 share of the deposit amount from the deposit in the petitioner's wife deceased namely, Sarojini W/O.Venkatasamy with SBI Ambathurai Branch in account No.11442901182 (sr.Citizen), and Dindigul Central Co-operative Bank limited S.B.Account No.202007665 Chinnalapatti Branch, each to the petitioner and the petitioner's son account directly after notice to the petitioner's daughter and eliciting her response. As far as the release of the remaining 1/3 share is concerned, the same shall be released to the petitioner's daughter, if she consents for release in favour of the petitioner. 3/6

In case the petitioner's daughter fails to respond, it is for the petitioner to work out his remedy in the manner known to law. 7.Accordingly, this writ petition is disposed of with the above directions. No costs.

19.06.2025 NCC : Yes / No Index : Yes / No Internet : Yes / No vsg 4/6

To 1.The General Manager, State Bank of India, LHO, SBI, Nungambakkam, Chennai.

2.The Branch Manager, State Bank of India, ACB Ambathurai Branch, Branch Code:3373, Dindigul.

3.The Branch Manager, The Dindigul Central Co-Operative Bank Ltd., Chinnalapatti Branch, Dindigul.

5/6

C.SARAVANAN, J.

vsg W.P(MD).No.16437 of 2025 19.06.2025 6/6