J.Maria Syamala, v. The Branch Manager,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 05.12.2017

CORAM

THE HONOURABLE MR.JUSTICE R.MAHADEVEN W.P.(MD).No.22218 of 2017 J.Maria Syamala

...Petitioner

Vs.

The Branch Manager, Canara Bank, Periyakulam Branch, Periyakulam, Theni District - 625 601.

...Respondent

PRAYER: Writ petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus directing the Respondent to disburse sum of Rs.1,47,383/- from A/c.No.1017201000376, the Current Account and A/c.No.1017101038684, the Savings Account of Late Justin Thiraviam, the Petitioner's Late husband and 30 sovereigns of gold worth of Rs.3,37,000/- under loan Account No.1017842059228 maintained in the Respondent Bank. For Petitioner :

Mr.I.Robert Chandrakumar For Respondent :

Dispensed with *****

O R D E R

By consent, the writ petition itself is taken up for final disposal.

2. Notice to the respondent is dispensed with, as no adverse order is going to be passed against them.

3. According to the petitioner, her husband, Justin Thiraviam, died on 26.12.2016 and being one of the legal heirs of the said Justin Thiraviam, the petitioner has submitted a claim form before the respondent bank, requesting them to disburse the amount maintained by her husband, in their bank, in various accounts, which, subsequently, came to be rejected, by the authorities, based on the objection shown by her husband's brother. Thereafter, the petitioner has submitted several representations, along with requisite documents before the respondent bank, which, according to her, is kept pending, without any action and hence, the present petition came to be filed.

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4. When the matter is taken up for hearing today, the learned Counsel for the petitioner submitted that it would be suffice, if the representation of the petitioner dated 11.04.2017, is disposed of by the respondent bank, on merits.

5. Considering the facts and circumstances of the case, this Court, without going into the merits of the claim, directs the respondent to consider the representation of the petitioner dated 11.04.2017 and pass appropriate orders, on merits and in accordance with law, after affording due opportunity of hearing to the petitioner and all the other interested parties, if any, within a period of six weeks from the date of receipt of a copy of this order.

6. With the above direction, this writ petition is disposed of. No costs.

Sd/- Assistant Registrar(CS-I) /True Copy/ Sub Assistant Registrar To The Branch Manager, Canara Bank, Periyakulam Branch, Periyakulam, Theni District - 625 601.

+1CC to Mr.I.Robert Chandrakumar, Advocate, SR.No. 91255 W.P.(MD).No.22218 of 2017 05.12.2017 gk AM/MR KKR/SAR 4/19.12.2017/2P/3C https://hcservices.ecourts.gov.in/hcservices/