Madras High CourtWP(MD)/21739/2023disposed of

Fancy.R v. The Branch Manager

2023-09-07Honourable Mr Justice B.Pugalendhi4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 07.09.2023

CORAM:

THE HONOURABLE MR.JUSTICE B.PUGALENDHI R.Fancy ... Petitioner Vs The Branch Manager, State Bank of India, Karungal Branch, Karungal, Kanyakumari District.

... Respondent PRAYER: Writ Petition is filed under Article 226 of the Constitution of India for issuance of a writ of mandamus directing the respondent to operate the debit and credit the amount in SB savings bank account No.11231832752, State Bank of India, Karungal Branch vide the petitioner's representation dated 04.08.2023.

For petitioner : Mr.Saravanan.D For Respondent : Mr.Ananth C.Rajesh 1/4

ORDER

The petitioner with a grievance that the respondent bank is not permitting her to operate the Bank account in SB.A.No.11231832752 maintained in the State Bank of India, Karungal Branch, has approached this Court for a writ of mandamus.

2.The learned Counsel for the petitioner submits that the saving bank account is a joint account maintained by the petitioner and her husband M.Paulas. The husband was having some disputes with the petitioner. Therefore he already requested the bank to remove her from the said joint account. However, the bank rejected his request. Therefore, the petitioner's husband has earlier filed a writ petition in WP(MD)No.9732 of 2019 and the same is pending. Pending the writ petition, he passed away on 11.07.2023 and therefore, the writ petition filed by him has also become infructuous.

Even thereafter, the respondent bank is not permitting the petitioner to operate the joint account. Therefore the petitioner is before this court.

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3.In view of the above, the respondent bank shall consider the case of the petitioner and take a decision within a period of six weeks from the date of receipt of a copy of this order, after affording an opportunity of hearing to the interested parties if any. No costs. 4.The writ petition is disposed of with the above direction. No costs.

07.09.2023 Internet : Yes/ No Index : Yes/ No NCC : Yes/ No dsk To The Branch Manager, State Bank of India, Karungal Branch, Karungal, Kanyakumari District.

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B.PUGALENDHI, J.

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