Aboosa Beevi vs State Bank Of India
2023 Latest Caselaw 3038 Ker

         IN THE HIGH COURT OF KERALA AT ERNAKULAM
                           PRESENT
         THE HONOURABLE MR. JUSTICE SHAJI P.CHALY
 MONDAY, THE 13TH DAY OF MARCH 2023 / 22ND PHALGUNA, 1944
                 WP(C) NO. 19460 OF 2022
PETITIONERS:

    1    ABOOSA BEEVI,
         AGED 56 YEARS
         W/O.LATE ABDUL AZEEZ,
         SHAFEEK MANZIL (H), NILAMEL,
         P.O. KANPANIMALA,
         MURUKKUMON,
         KOLLAM DISTRICT-691 535.

    2    ALEYA BEEVI,
         AGED 32 YEARS
         D/O.LATE ABDUL AZEEZ,
         SHAFEEK MANZIL (H),
         NILAMEL, P.O.
         KANPANIMALA, MURUKKUMON,
         KOLLAM DISTRICT-691 535
         .
    3    AL-AMEEN,
         AGED 21 YEARS
         S/O.LATE ABDUL AZEEZ,
         SHAFEEK MANZIL (H),
         NILAMEL, P.O. KANPANIMALA,
         MURUKKUMON, KOLLAM DISTRICT-691 535.

         BY ADV. G.VIDYA


RESPONDENT:

         STATE BANK OF INDIA ,
         REPRESENTED BY THE BRANCH MANAGER,
         NILAMEL BRANCH, NILAMEL P.O.,
         KOTTARAKKARA,
         KOLLAM DISTRICT-691 535.

         BY ADV. SRI. SANTHOSH MATHEW


     THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD
ON 13.03.2023, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
 W.P.(C.) No. 19460 of 2022         2




                             JUDGMENT

This writ petition is filed by the petitioners seeking the

following reliefs:-

"i) Issue a writ of mandamus or any other appropriate writ or order direct the respondent to release the amount in the savings bank account to close the account vide A/c. No. 57038 772289 and to open the locker vide locker No. 176 within a short span of time as fixed by this Court.

ii) Issue a writ of mandamus or any other appropriate writ or order direct respondent bank to hand over the amount in saving bank account and 445.42 grams of gold as per Ext.P5 inventory list of jewels to the petitioners with in a time frame as fixed by this Hon'ble court. "

2. Writ petitioners are the legal heirs of deceased

Abdul Azeez. First petitioner is the wife and second and

third petitioners are his children. The said Abdul Azeez was

operating a savings bank account with the State Bank of

India, Nilamel Branch, Kottarakkara, Kollam District. He

was also having a locker facility with the said bank.

Consequent to the death of Abdul Azeez, even though

petitioners have approached the bank, the bank has

refused the petitioners from operating the savings bank

account and the locker. According to the petitioners, they

want to withdraw the amount in the savings bank account

and then close the savings bank account. It is also

submitted that they are entitled to receive the articles kept

in the locker.

3. Learned counsel for the respondent bank

submitted that if the petitioners are producing the legal

heirship certificate; death certificate; letter of indemnity;

letter of disclaimer; an affidavit of relative and KYC

documents, the bank will permit the petitioners to operate

the savings bank account. However, with respect to the

bank locker, learned counsel submitted that there is no

nominee for the deceased Abdul Azeez and therefore,

petitioners have to secure either letter of administration or

succession certificate from the competent authority/court.

4. I have heard learned counsel for the petitioners,

Smt. Vidya G. and learned counsel for the respondent

Bank, Sri. Santhosh Mathew and perused the pleadings and

material on record.

5. In so far as the operation of the savings bank

account is concerned, learned counsel for the petitioners

submitted that all documents are available with the

petitioners and the petitioners are prepared to produce the

same with the bank. It is also clear from the documents

produced along with the writ petition that all documents

except KYC documents, as submitted by learned counsel is

available with the petitioners.

6. In that view of the matter, if the petitioners are

producing the documents, in accordance with the terms of

the bank in requisite stamp papers, the claim of the

petitioners to operate the savings bank account shall be

considered by the bank, within three weeks from the date

of production of requisite documents by the petitioners

before the bank. Liberty of the petitioners to submit a

representation before the bank seeking permission to

operate the locker is left open. If the petitioners are

submitting any such application, it shall be considered by

the respondent bank as to whether petitioners can be

permitted to operate the locker.

The writ petition is disposed of accordingly.

Sd/-

SHAJI P. CHALY JUDGE DCS/13.03.2023

APPENDIX

PETITIONER EXHIBITS

EXHIBIT P1 THE TRUE COPY OF DEATH CERTIFICATE DATED 19.02.2020.

EXHIBIT P2 THE TRUE COPY OF THE LEGAL HEIR SHIP CERTIFICATE DATED 10.08.2020.

EXHIBIT P3 THE TRUE COPY OF THE LETTER OF INDEMNITY DATED 23.12.2021.

EXHIBIT P4 TRUE COPY OF LETTER OF DISCLAIMER DATED 23.12.2021.

EXHIBIT P5 THE TRUE COPY OF FORM O INVENTORY OF CONTENTS OF SAFE DEPOSIT LOCKER DATED 27.12.2021.

EXHIBIT P6 THE TRUE COPY OF POWER OF ATTORNEY