Sankar S vs The Life Insurance Corporation ...
2021 Latest Caselaw 13805 Ker

                 IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                 PRESENT
                   THE HONOURABLE MR. JUSTICE T.R.RAVI
         FRIDAY, THE 2ND DAY OF JULY 2021 / 11TH ASHADHA, 1943
                         WP(C) NO. 23258 OF 2020


PETITIONER:

              SANKAR S.,
              AGED 30 YEARS, XS/O. LATE SRIRAM S.,
              RESIDING AT DOOR NO.446/13,
              NEAR THAIKKAVU JUNCTION, TAHIKKAVU ROAD,
              CHITTETHUKARA, ERNAKULAM.

              BY ADVS.
              SRI.P.SANJAY
              SMT.A.PARVATHI MENON
              SRI.BIJU MEENATTOOR
              SRI.PAUL VARGHESE (PALLATH)
              SRI.P.A.MOHAMMED ASLAM
              SRI.KIRAN NARAYANAN
              SHRI.PRASOON SUNNY
              SHRI.RAHUL RAJ P.



RESPONDENTS:

     1        THE LIFE INSURANCE CORPORATION LTD.,
              YOGAKSHEMA BUILDING, JEEVAN BEEMA MARG,
              P.O. BOX NO.19953, MUMBAI-400021,
              REPRESENTED BY ITS MANAGING DIRECTOR.

     2        THE SENIOR DIVISIONAL MANAGER,
              LIC OF INDIA, DIVISIONAL OFFICE,
              PB-1133, OPP. COLLEGE GROUND,
              MG ROAD, ERNAKULAM, KERALA-682011.

     3        THE INDIAN BANK,
              DOOR NO.413D, BESIDES MAIN ROAD,
              TRIPUNITHURA, EROOR, ERNAKULAM, KERALA, PIN-682306,
              REPRESENTED BY THE BRANCH MANAGER.
 WP(C) NO. 23258 OF 2020
                                2



    4     JEEVA PAZHANI,
          D/O. PAZHANI, RESIDING AT SOWPARNIKA,
          EROOR, SOUTH POST, THRIPUNITHURA,
          PIN -682306.

    5     GAUTHAM JEEVA,
          S/O. JEEVA, RESIDING AT SOWPARNIKA,
          EROOR, SOUTH POST, THRIPUNITHURA,
          PIN -682306.

    6     THE STATE BANK OF INDIA,
          RAVIPURAM BRANCH,
          REPRESENTED BY THE BRANCH MANAGER,
          PIN-682015.

    7     THE STATION HOUSE OFFICER,
          ERNAKULAM TOWN SOUTH POLICE STATION,
          ERNAKULAM, PIN - 682016.

          BY ADVS.
          SRI.LAL GEORGE
          SMT.C.R.SARADAMANI
          SRI.T.MADHU
          SRI.S.EASWARAN
          SRI.M.JITHESH MENON
          SR. GOVT. PLEADER SMT.DEEPA NARAYANAN



THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
02.07.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 23258 OF 2020
                                               3




                                          JUDGMENT

The writ petition has been filed by the petitioner

claiming to be the legal heir of the deceased

Sri.Sriram. According to him, the late Sri.Sriram had

certain insurance policies in his name and also deposits

with the Bank and that the respondents 4 & 5 are

attempting to appropriate the entire amount to

themselves. The 4th respondent has filed a counter

affidavit stating that two suits are pending between the

parties in the civil court, one for an injunction and

other for a partition and that the petitioner is one

among the legal heirs of Sri.Sriram. Since the

respondents 4 & 5 admit that the petitioner is a legal

heir, whatever amounts that they have received as

nominees of late Sri.Sriram are necessarily held by them

in trust for all the legal heirs.

2. In the circumstances, it is only appropriate

that the parties contest the matter before the civil WP(C) NO. 23258 OF 2020

court rather than seek the interference of this court.

Faced with the above situation, the counsel for the

petitioner prays that he may be permitted to withdraw

this writ petition without prejudice to his contentions

in the civil suit.

Permission is granted. This writ petition is

dismissed as withdrawn without prejudice to any of the

contentions of the petitioner regarding his right to the

properties left behind by late Sri.Sriram, which is

pending consideration of the civil court as seen from

Exts.R4(a) and R4(b).

Sd/-

T.R.RAVI JUDGE

Pn