P.Niroshan, v. The Secretary To The Government,
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 25.03.2026
CORAM:
THE HONOURABLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY W.M.P.(MD)No.27191 of 2025 in P.Niroshan ... Petitioner -vs1.The Secretary to the Government, Health and Family Welfare Department, St. George Fort, Chennai.
2.The District Collector, Karur District, Karur.
3.The Assistant Director, Primary Health Department, District Collectorate, Thanthonimalai, Karur-7.
4.The Joint Director, Government Head Quarters Hospital, Karur-1.
5.Rani, Staff Nurse, Primary Health Centre,Kodangipatti, Achimangalam Village, Karur Taluk, Karur District.
6.Kavitha, Staff Nurse, Primary Health Centre, Kodangipatti, Achimangalam Village, Karur Taluk, Karur District.
7.Dr.M.Malini, Maternity Child Welfare Officer Cum Lecturer, Department of Obstetrics and Gynaecology, Government Medical College and Hospital, Karur.
(R7 is suo motu impleaded vide order dated 08.06.2023) 8.S.Kanagambujam ... Respondents (R8 is impleaded vide order dated 26.09.2023, made in W.M.P.(MD)No.5172 of 2023) PRAYER: Petition filed under Article 226 of the Constitution of India, to permit the petitioner to withdraw the Fixed Deposit bearing No.0780992 dated 05.06.2025 made in Savings Account No.073801000028317 in Indian Overseas Bank, Thanthonimalai Branch.
For Petitioner : Mr.K.Mahendra Prabhu for Mr.C.P.Sivamohan
ORDER
The Miscellaneous Petition is filed seeking permission for the petitioner to withdraw the fixed deposit bearing No.078992, dated 05.06.2025, made in
Savings Account No.073801000028317 maintained with Indian Overseas Bank, Thanthonimalai Branch.
2. Upon perusal of the materials on record, it is seen that, by order dated 26.09.2023 made in W.P.(MD)No.2868 of 2016, this Court directed payment of a sum of Rs.5,00,000/- as compensation towards the death of the petitioner's wife. Out of the said amount, a sum of Rs.1,00,000/- was directed to be paid to the petitioner, and since the petitioner has two children, a sum of Rs.2,00,000/- each was directed to be deposited in their names. It was further ordered that the elder child could withdraw the deposit amount after a lapse of three years and the younger child after a lapse of seven years.
3. The present application is made in respect of the elder child. Though the period of three years stipulated by this Court expires only in September 2026, the reason stated in the affidavit filed in support of the petition is that the child is presently completing her 12th Standard and is preparing to pursue higher education.
4. In view of the above and considering that the stipulated period is nearing completion, this Court is of the view that permission can be granted.
5. It is also seen that the elder child, namely, N.Nibisha, was born on 28.06.2007 and has attained majority. Accordingly, she is declared as a major.
6. Since the fixed deposit stands in the name of the said N.Nibisha, she is permitted to withdraw the amount, along with accrued interest. If any formality requires the signature of the petitioner, P.Niroshan, in any capacity, the same is permitted.
7. The Bank concerned is directed to liquidate the fixed deposit, if necessary, along with accrued interest, and disburse the amount. However, if the deposit is due to mature within a short period and the petitioner or the said N.Nibisha intends to wait till maturity, they are at liberty to do so. It is therefore left to the discretion of N.Nibisha and the petitioner, P.Niroshan, either to prematurely close the fixed deposit or to withdraw the amount on maturity.
8. Accordingly, this Writ Miscellaneous Petition is ordered. 25.03.2026 smn2 To:- 1.The Secretary to the Government, Health and Family Welfare Department, St. George Fort, Chennai.
2.The District Collector, Karur District, Karur.
3.The Assistant Director, Primary Health Department, District Collectorate, Thanthonimalai, Karur-7.
4.The Joint Director, Government Head Quarters Hospital, Karur-1.
D.BHARATHA CHAKRAVARTHY , J.
smn2 W.M.P.(MD)No.27191 of 2025 in W.P.(MD)No.2868 of 2016 25.03.2026