Madras High CourtWP(MD)/12466/2022allowed

Minor Sanjana v. The State Bank Of India

2022-06-28Honourable Mr Justice G.R.Swaminathan4 pages

1 W.P.(MD)NO.12466 OF 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 28.06.2022

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P.(MD)No.12466 of 2022 Minor Sanjana, D/o. Late Subharaj, Rep. by her mother and natural guardian S.Indu ... Petitioner Vs.

The State Bank of India, Singampunari Branch, Sivagangai District, Rep. By its Manager.

... Respondent Prayer: Writ petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondent herein to consider the claim application of the petitioner dated 31.08.2021 and list of inventory dated 02.12.2021 and consequently direct the respondent to close the Safe Deposit Locker No.10 of Cab C opened by the grandfather Late Thangavel and grandmother Late Gandhimathi and to return the articles and jewels to the mother and natural guardian of the minor petitioner. For Petitioner : Mr.V.S.Kumaraguru For Respondent : Mr.V.P.Rajan * * * 1/3

2 W.P.(MD)NO.12466 OF 2022

O R D E R

Heard the learned counsel on either side.

2. The petition mentioned safe deposit locker was operated by one Thangavel and his wife Gandhimathi. Both are now no more. Their son Subharaj is also no more. The writ petitioner who is the grandchild of Thangavel and Gandhimathi has been mentioned as their nominee. Since the nominee is a minor, her mother approached the respondent bank seeking permission to operate the locker. The respondent has not favourably responded to the said request. Hence, this writ petition came to be filed.

3. After hearing the learned counsel on either side, I am more than satisfied that the mother of the nominee is very much entitled to operate the safe deposit locker on her behalf. There is also no rival claim. Therefore, the respondent is directed to permit Mrs.S.Indu, W/o.Subharaj and mother of the nominee Minor Sanjana to close the petition mentioned safe deposit locker and take the articles and jewels that may 2/3

3 W.P.(MD)NO.12466 OF 2022 be contained therein. This writ petition stands allowed. No costs.

28.06.2022 Index : Yes / No Internet : Yes/ No PMU To:

The State Bank of India, Singampunari Branch, Sivagangai District, Rep. By its Manager.

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4 W.P.(MD)NO.12466 OF 2022 G.R.SWAMINATHAN,J.

PMU W.P.(MD)No.12466 of 2022 28.06.2022 4/3