M.Sethu v. The Manager

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Date : 15/10/2024

CORAM

The Hon`ble Mr.Justice N.SATHISH KUMAR M.Sethu ... Petitioner Vs The Manager, Canara Bank, Ponnamaravathi Branch, Pudukottai District - 622 408.

D.P.Code - 3042.

... Respondent PRAYER :- Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus directing the respondent bank to disburse the amount of Rs.10,00,000/- (Rupees Ten Lakhs only) in the Fixed Deposit Receipt No.101716942 Account No. 304240100091171 with accrued interest as on date to the petitioner by considering the representation dated 5.8.2024 and 18.9.2024 respectively of the petitioner.

For Petitioner : Mr.S.Siva Thilakar For Respondent : Mr.N.Dilipkumar 1/4

ORDER

By consent of both sides, the writ petition itself is taken up for final disposal at the stage of admission itself.

2. The writ petition has been filed for a mandamus directing the respondent bank to disburse the amount of Rs.10,00,000/- (Rupees Ten Lakhs only) in the Fixed Deposit Receipt No.101716942 Account No. 304240100091171 with accrued interest as on date to the petitioner by considering the representation dated 5.8.2024 and 18.9.2024 respectively of the petitioner.

3. The petitioner's case is that he is the legal heir of his deceased elder brother Subramanian, who died on 14.07.2024. He has made a fixed deposit of Rs.10 lakhs with the respondent bank. Since the petitioner is entitled for the said fixed deposit amount with interest, he has made a representation to the respondent bank on 18.09.2024. The said representation has not been considered so far and hence, he is before this Court.

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4. The learned counsel for the respondent, on instructions, would submit that during deposit was made, one Alagarsamy has been nominated by the petitioner's brother and hence, an amount of Rs.13,70,000/- has been disbursed to the said nominee as early as on 14.08.2024. The said submission is recorded.

5. In view of the above, it is for the petitioner to work out his remedy for claiming any share, if any, in the manner known to law.

6. The writ petition is disposed of with the above direction. No costs.

15.10.2024 RR 3/4

N.SATHISH KUMAR,J RR

ORDER

IN WP(MD) No.24166 of 2024 Date : 15/10/2024 4/4