Madras High CourtWP(MD)/1358/2011disposed of

Kannammal, v. The Branch Manager,

2017-09-18Honourable Mr Justice K. Kalyanasundaram2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 18.09.2017

CORAM:

THE HONOURABLE MR.JUSTICE K.KALYANASUNDARAM W.P.(MD)No.1358 of 2011 and M.P.(MD)No.1 of 2011 Kannammal

...Petitioner

-Vs1.The Branch Manager, Canara Bank, Gnanavolivupuram, Madurai.

2.Vijayanarayanamoorthy 3.R.Kasirajan 4.C.Thedaselvam 5.S.Selvam 6.Meenambigai 7.S.Parameswari

...Respondents

PRAYER:

Writ Petition is filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus, forbearing the 1st respondent from disbursing the sum of Rs.9,00,000/- along with the accrued interest lying in Fixed Deposit Account bearing No. 1093332000181 to the 2nd respondent on the score that he has been mentioned as nominee and consequentially directing 1st respondent to disburse the amount on the basis of rule of succession to the petitioner's mother chittammal. For Petitioner : Mr.R.G.Shankar Ganesh For R-1 : Mr.C.Jawahar Ravindran For R-2 : Mr.Chelladurai For R-3 : Mr.T.K.Gopalan For R-4 : No appearance For R-5 to R-7 : Janakiramulu

O R D E R

The prayer in this writ petition is for issuance of writ of Mandamus, forbearing the first respondent disbursing the amount of Rs.9,00,000/- lying in Fixed Deposit Account bearing No. 1093332000181 to the second respondent.

2. The learned counsel for the first respondent would submit that as per the nomination, the entire amount was already disbursed to the second respondent on 05.08.2013. https://hcservices.ecourts.gov.in/hcservices/

3. It is represented that in respect of other properties, a civil suit in O.S.No.138 of 2009 instituted for partion is pending before the I Additional District Court, Madurai. Hence, the parties are directed to approach the civil Court for redressal of their grievance.

4. With the above direction, this writ petition is disposed of. No costs. Consequently, the connected miscellaneous petition is closed.

Sd/- Assistant Registrar( P & A) /True Copy/ Sub Assistant Registrar To The Branch Manager, Canara Bank, Gnanavolivupuram, Madurai.

+1cc to Mr.C.JAWAHAR RAVINDRAN Advocate in SR. No. 79302 +1cc to Mr.K.CHELLADURAI Advocate in SR. No. 79315 +1cc to Mr.R.JANAKIRAMULU Advocate in SR. No. 79779 SM JS/MR.KKR/SAR.2/6.10.2017/2P-5C W.P.(MD)No.1358 of 2011 18.09.2017 https://hcservices.ecourts.gov.in/hcservices/