Gopalakrishnan.A v. The Divisional Manager

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 26.03.2024

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN A.Gopalakrishnan ... Petitioner Vs.

1.The Divisional Manager, Life Insurance Corporation of India, Bridge Station Road, Sellur, Madurai - 625 002.

2.The Branch Manager, Life Insurance Corporation of India, Palani Branch, Dindigul Road, Palani, Dindigul District.

3.V.Pavithra Devi ... Respondents 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 1 and 2 to disburse the LIC agent commission amount and group insurance amount, pension amount and other monetary benefits as entitled by the petitioner's father namely K.N.Ayyavu S/o.Nachimuthu to the petitioner as per the compromise deed dated 26.11.2021 between the petitioner and the third respondent based on the petitioner's representation dated 20.04.2022.

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For Petitioner : Mr.M.Suresh For Respondents : Mr.B.Prasanna Vinoth for R1 Mr.G.Prabhurajadurai for R2 No appearance for R3

ORDER

One Ayyavu was the commission agent for LIC. He passed away on 22.02.2016. He was twice married. Both the wives are no more. Through the first wife, three children were born (The petitioner herein/Gopalakrishnan, Mani and Thenmozhi). Both the daughters are no more. They are survived by their respective children. Since there was dispute among the legal heirs, the amounts payable on account of the demise of Ayyavu could not be disbursed.

2.In normal circumstances, succession certificate will have to be produced. In this case, there appears to be consensus among the legal heirs of Ayyavu. Since legal heirs had earlier issued notice, all the legal heirs shall be present before the second respondent with identity cards. 2/4

If consensus is there among them and the same is reiterated before the second respondent, in terms of the compromise among the parties, disbursement shall be made within a period of eight weeks from the date of receipt of copy of this order.

3.This writ petition is allowed. No costs.

06.03.2024 Index : Yes / No Internet : Yes/ No Skm To:- 1.The Divisional Manager, Life Insurance Corporation of India, Bridge Station Road, Sellur, Madurai - 625 002.

2.The Branch Manager, Life Insurance Corporation of India, Palani Branch, Dindigul Road, Palani, Dindigul District.

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G.R.SWAMINATHAN, J.

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