Madras High CourtWP(MD)/19185/2015disposed of

A.Seithun Beevi v. The Zonal Manager,

2016-10-18Honourable Mr Justice V. Bharathidasan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:18.10.2016

CORAM:

THE HONOURABLE MR.JUSTICE V.BHARATHIDASAN Writ Petition(MD)No.19185 of 2015 A.Seithun Beevi ... Petitioner Vs.

1.The Zonal Manager, Madurai Circle Office, Canara Bank, St. Marry's Compound, Madurai - 625001.

2.The Chief Manager, Canara Bank, Paramakudi - 623707, Ramanathapuram District. ... Respondents Prayer: Writ Petition is filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus, directing the respondents herein to return the Fixed Deposit Amount in Account No.0919401003627 and Jewels in Gold Loan Account No.0919842052840 in the 2nd respondent bank, within a stipulated period.

For Petitioner : Mr.K.Rajeshwaran For R-1 & R-2 : Mr.C.Karthik

ORDER

The Petitioner has filed this Writ Petition seeking for issuance of a Writ of Mandamus, directing the respondents herein to return the Fixed Deposit amount in Account No.0919401003627 and Jewels in Gold Loan Account No.0919842052840 in the 2nd respondent bank, within a stipulated period.

2. According to the petitioner, the petitioner's husband one late.Abuthalif during his lifetime, had deposited a sum of Rs.4,00,000/- in a Fixed Deposit Account in the second respondent bank and also pledged jewels and borrowed a sum of Rs.1,70,000/- for family expenses and he died on 18.04.2014 leaving the petitioner and his two children as legal heirs. Subsequently, the petitioner paid the entire jewel loan amount. Now, the petitioner filed an application before the second respondent to https://hcservices.ecourts.gov.in/hcservices/

return the Fixed Deposit amount and the Jewels pledged in the Gold Loan Account. Since the same was not considered so far, the petitioner has file this Writ Petition.

3. The second respondent filed a counter stating that based on the Manual of Instructions of the Bank 'On Settlement of Death Claims and Nomination', since the petitioner got a minor son namely Imrankhan, she has to get an order of appointment of Guardian. Without getting an order of appointment petitioner as Guardian for the minor, the bank cannot return the Fixed Deposit Amount and the Jewels pledged in Gold Loan Account.

4. In view of the above, the petitioner is directed to get an order appointing the petitioner as Guardian from the competent Court and approach the respondents to get return of the amount and jewels and in the event of submitting such order, the respondents shall return the Fixed Deposit Amount and the Jewels pledged in Gold Loan Account, to the petitioner and her two children, who are the legal heirs of late. Abuthalif. With the above direction, this Writ Petition is disposed of. No Costs.

Sd/- Assistant Registrar(AS) /True Copy/ Sub Assistant Registrar To 1.The Zonal Manager, Madurai Circle Office, Canara Bank, St. Marry's Compound, Madurai - 625001.

2.The Chief Manager, Canara Bank, Paramakudi - 623707, Ramanathapuram District.

+1 cc to MR.C.KARTHICK,Advocate SR.No.61166 +1 cc to Mr.K.Rajeshwaran, Advocate SR.NO.61815 W.P(MD)No.19185 of 2015 18.10.2016 SMA/CK/09.11.2016:2P/5C https://hcservices.ecourts.gov.in/hcservices/