Madras High CourtWP(MD)/11060/2017disposed of

Dhanalakshmi v. The Branch Manager

2017-07-06Honourable Mr Justice K. Kalyanasundaram2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 06.07.2017

CORAM:

THE HONOURABLE MR.JUSTICE K.KALYANASUNDARAM W.P.(MD)No.11060 of 2017 Dhanalakshmi

...Petitioner

-VsThe Branch Manager, Indian Bank, K.Pudur, Alagarkovil Main Road, Madurai-625 007 ...Respondent PRAYER: Writ Petition is filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus, directing the respondent's Bank to permit the petitioner to withdraw the welfare assistance amount credited under the scheme of Welfare of Differently Abled Persons Maintenance Allowance Scheme in the name of S.Raja in the account number 975150898 by considering the petitioner's representation dated 08.04.2017. For Petitioner : Mr.K.Jacksondurai For Respondent : Mr.Palaramasamy

O R D E R

The prayer sought for in the Writ Petition for issuance of a Writ of Mandamus, directing the respondent's Bank to permit the petitioner to withdraw the welfare assistance amount based on the petitioner's representation dated 08.04.2017. 2.Heard Mr.K.Jackson Durai, learned Counsel appearing for the petitioner and Mr.Pala Ramasamy, learned Counsel appearing for the respondent.

3.The case of the petitioner is that S.Raja, son of late.Shanmugam is her son in law, and he is affected with "Cerebral Palsy" (Mentally retarded person). His disability was assessed at 60% by the doctors. The said Raja was getting https://hcservices.ecourts.gov.in/hcservices/

Rs.1,500/- per month under the "Welfare of Differently Abled Persons Maintenance Allowance Scheme" to mentally retarded persons. His father Shunmugam was withdrawing the allowance till his death on 18.05.2011 and subsequently his mother namely Muthu Rakku was receiving the allowance from the respondent's Bank. She also died on 05.10.2014. Thereafter the amount credited under the scheme is lying with the respondent's Bank in joint Account No.975150898 in the name of Muthu Rakku and Raja. 4.The petitioner would further state that after the demise of the parents of the said Raja, she is taking care of the son-inlaw, Raja. So she is entitled to withdraw the amount and she has also submitted a representation to the respondent Bank on 08.04.2017 in person. Since no order was passed. Hence the present Writ petition has been filed by the petitioner.

5. Considering the limited prayer sought for in the Writ Petition and the submissions made by the learned Counsel for the petitioner, this Court directs the respondent to consider the representation of the petitioner and pass orders as expeditiously as possible, preferably within a period of four weeks from the date of receipt of a copy of this order.

6. With the above directions, this Writ petition is disposed of. No costs.

Sd/- Assistant Registrar(C.O.) /True Copy/ Sub Assistant Registrar.

To The Branch Manager, Indian Bank, K.Pudur, Alagarkovil Main Road,Madurai-625 007 +1CC to Mr.Pala.Ramasamy, Advocate, SR.No.64083 W.P.(MD)No.11060 of 2017 06.07.2017 smi/msa AM/SKN RSK/SAR 3/28.07.2017/2P/3C https://hcservices.ecourts.gov.in/hcservices/