Jenith Santhose Kumar. C v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 03.11.2022

CORAM

THE HONOURABLE MRS.JUSTICE V.BHAVANI SUBBAROYAN W.P(MD)No.24943 of 2022 C.Jenith Santhose Kumar ... Petitioner vs.

1. The Inspector of Police, Dindigul Town North Police Station, Dindigul, Dindigul District.

2. The Bank Manager, State Bank of India, Nagal Nagar Branch, 62/20, Mentocha Colony, Dindigul District.

... Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, to direct the second respondent to permit the petitioner for withdrawing the petitioner's father fixed deposit amount, by considering petitioner's representation dated 14.10.2022, in accordance with law, within the time stipulated by this Court.

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For Petitioner : Mr.R.Rajaselvam For R-1 : Mr.B.Thanga Aravindh Government Advocate (Crl.side) For R-2 : Mr.N.Dilip Kumar

O R D E R

This Writ Petition has been filed for issuance of a Writ of Mandamus, directing the second respondent to permit the petitioner for withdrawing the petitioner's father fixed deposit amount, by considering the petitioner's representation dated 14.10.2022.

2. The learned counsel appearing for the second respondent Bank would submit that the petitioner has come to this Court without approaching the Bank authorities in a proper manner and procedures. The respondent Bank requested the petitioner to appear before them for claiming the amount as a nominee. There are two accounts viz., Fixed Deposit and Savings Bank Account in SBI, Nagal Branch. But the petitioner has claimed only for the fixed deposit amount, but he has been 2/5

nominated for Savings Bank Account also. As per the policy and procedures, if the nominee submitted the following documents viz., (i) STDR Receipts - original, (ii) Death Certificate - original, (iii) Kyc of the claimants - Self attested documents, (iv) Nominee claim settlement application and (v) Legal heir certificate - copy, the branch will be able to settle the claim.

3. In view of the submissions made by the learned counsel for the respondent Bank, this Court directs the petitioner to submit all the said documents before the respondent Bank within a period of one month from the date of receipt of a copy of this order and the respondent Bank shall consider the same and appropriately settle the fixed deposit amount within a period of four weeks thereafter.

4. With the above directions, this Writ Petition is disposed of. No costs.

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To

1. The Inspector of Police, Dindigul Town North Police Station, Dindigul, Dindigul District.

2. The Bank Manager, State Bank of India, Nagal Nagar Branch, 62/20, Mentocha Colony, Dindigul District.

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V.BHAVANI SUBBAROYAN,J.

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