Radhamma K.N vs State Bank Of Travancore
2024 Latest Caselaw 6044 Ker

Kerala High Court

Radhamma K.N vs State Bank Of Travancore on 23 February, 2024

Author: P Gopinath

Bench: P Gopinath

         IN THE HIGH COURT OF KERALA AT ERNAKULAM
                          PRESENT
          THE HONOURABLE MR. JUSTICE GOPINATH P.
 FRIDAY, THE 23RD DAY OF FEBRUARY 2024 / 4TH PHALGUNA, 1945
                  WP(C) NO. 7077 OF 2017
PETITIONERS:

    1    RADHAMMA K.N.
         AGED 84 YEARS, W/O. LATE SIVASANKARA PANICKER,
         THYKOODATHIL, NADAMA DESOM,
         THRIPUNITHURA -682 301.


    2    RUGMINI S.
         D/O. LATE SIVASANKARA PANICKER, AGED 57 YEARS,
         THYKOODATHIL, NADAMA DESOM,
         THRIPUNITHURA -682 301.


    3    JAYALAKSHMI
         D/O. LATE SIVASANKARA PANICKER, AGED 49 YEARS,
         THYKOODATHIL, NADAMA DESOM,
         THRIPUNITHURA -682 301.


         BY ADV SRI.BIJU ABRAHAM


RESPONDENTS:

    1    STATE BANK OF TRAVANCORE
         THRIPUNITHURA BRANCH, CENTRE POINT BUILDING,
         THRIPUNITHURA-682 301.


    2    RADHAKRISHNAN S.
         AGE 55 YEARS, S/O.LATE SIVASANKARA PANICKER,
         THAIKOODATHIL HOUSE, ELUMANACKAL TEMPLE ROAD,
         EROOR (S), TRIPUNITHURA-682 306.


    3    BALAKRISHNAN S.
         AGED 51 YEARS, S/O.LATE SIVASANKARA PANICKER,
         MATHYATH HOUSE, SAHRUDAYA ROAD, EROOR (S),
         THRIPUNITHURA-682 306.
 W.P.(C) No.7077/2017
                                -:2:-

      4       NARAYANAN KUTTY S.
              AGED 53 YEARS, S/O.LATE SIVASANKARA PANICKER,
              THAIKOODATHIL HOUSE, KODAMKULANGARA,
              TRIPUNITHURA-682 301.


      5       SREEDHARAN S.
              AGED 47 YEARS, S/O.LATE SIVASANKARA PANICKER,
              THAIKOODATHIL HOUSE, KODAMKULANGARA,
              TRIPUNITHURA-682 301.


              BY ADVS.
                SRI.K.JAYESH MOHANKUMAR (SC-SBI)
                SRI.JOHN VIPIN
                SRI.V.K.KISHOR



       THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
23.02.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 W.P.(C) No.7077/2017
                                      -:3:-


                              JUDGMENT

This writ petition was filed by the wife and two children of

Late. C. P. Sivasankara Panicker regarding the release of

amounts lying in a savings bank account maintained by

Late. C.P.Sivasankara Panicker with the erstwhile State Bank of

Travancore (now the State Bank of India). It is appears that

pending the writ petition, the 1 st petitioner (wife of

Late. C. P. Sivasankara Panicker) has passed away. Since all the

legal heirs are already on record, the proceedings can continue

after recording that the 1st petitioner is no more.

2. The learned counsel appearing for the respondent

bank would point out that the 4 th respondent, who is the son

and one of the legal heirs of Late. C. P. Sivasankara Panicker had

raised an objection. It is submitted that the bank had through

Ext.P9 communication informed the petitioners that the claim

can be considered subject to production of the documents

mentioned in Ext.P9.

3. Since a dispute has been raised by one of the legal

heirs, no direction can be issued by this Court to release the

amount to the petitioners 2 and 3.

4. Accordingly, this writ petition will stand disposed of

directing that on the petitioners 2 and 3 approaching the

1st respondent bank (now the State Bank of India,

Thrippunithura Branch) along with necessary documents as per

the norms of the bank, the claim for release of the amount shall

be considered in accordance with the law. Since the amount is

stated to be lying in a savings bank account, the Branch

Manager, State Bank of India, Trippunithura Branch, is directed

to transfer the entire amount in the savings bank account to a

fixed deposit with the highest rate of interest presently available

in the name of the nominee in the savings bank account or in the

name of the 2nd petitioner after obtaining necessary KYC

documents. However, the said amount shall not be released to

the 2nd petitioner and the fixed deposit receipt shall also be

retained by the Branch Manager and the amount in the fixed

deposit shall be released to the legal heirs of

Late. C.P.Sivasankara Panicker only on production of necessary

documents as directed in Ext.P9.

Writ petition is disposed of accordingly.

Sd/-

                                                        GOPINATH P.
ats                                                       JUDGE





                        APPENDIX OF WP(C) 7077/2017

PETITIONERS' EXHIBITS
EXHIBIT P1             TRUE COPY OF THE LEGAL HERISHIP CERTIFICATE

OF LATE SIVASANKARA PANICKER ISSUED BY THE TAHSILDR, KANAYANNUR DATED 26/11/2014 EXHIBIT P2 TRUE COPY OFT HE ACCOUNT DETAILS WITH STATEMENT HAVING A/C NO. 57058074133 OF LATE SIVASANKARA PANICKER WITH THE IST RESPONDENT EXHIBIT P3 TRUE COPY OF THE CLAIM FORMAT SUBMITTED BY THE IST PETITIONER TO THE IST RESPONDENT BANK DATED 22/12/2016 EXHIBIT P4 TRUE COPY OF THE LETTER OF DISCLAIMER GIVEN BY THE 2ND AND 3RD PETITIONERS ALONG WITH 5TH RESPONDENT TO THE IST RESPONDENT BANK DATED 20/12/2016 EXHIBIT P5 TRUE COPY OF THE CONSENT LETTER GIVEN BY THE 2ND PETITIONER TO THE IST RESPONDENT DATED 23/11/2016 EXHIBIT P6 TRUE COPY OF THE CONSENT LETTER GIVEN BY THE 3RD PETITIONER TO THE IST RESPONDENT DATED 23/11/2016 EXHIBIT P7 TRUE COPY OF THE CONSENT LETTER GIVEN BY THE 2ND RESPONDENT TO THE IST RESPONDENT DATED 05/12/2016 EXHIBIT P8 TRUE COPY OF THE CONSENT LETTER GIVEN BY THE 5TH RESPONDENT TO THE IST RESPONDENT DATED 23/11/2016 EXHIBIT P9 TRUE COPY OF THE LETTER DATED 09/12/2016 OF THE IST RESPONDENT TO THE 3RD PETITIONER EXHIBIT P10 A TRUE COPY OF TH SUCCESSION CERTIFICATE DATED 05-02-2018 IN SUCCESSION O.P.NO.5/2017 ON THE FILES OF PRINCIPAL MUNSIFF COURT, ERNAKULAM.