Kerala High Court
Deepa S vs Ponnamma M.V on 7 July, 2025
2025:KER:49104
W.A No.506 of 2020
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE SUSHRUT ARVIND DHARMADHIKARI
&
THE HONOURABLE MR. JUSTICE SYAM KUMAR V.M.
MONDAY, THE 7TH DAY OF JULY 2025 / 16TH ASHADHA, 1947
WA NO. 506 OF 2020
AGAINST THE JUDGMENT DATED 20.02.2020 IN WP(C)
NO.19306 OF 2019 OF HIGH COURT OF KERALA
APPELLANT/4TH RESPONDENT:
DEEPA S
AGED 51 YEARS
W/O.LATE HIRAN,ANUPAMA HOUSE,ERAMALLOOR.P.O,
CHERTHALA-688537.
BY ADVS.
SHRI.SHAJI THANKAPPAN
SRI.SUBIN K SUDHEER
SHRI.AMAL BABY
SHRI.AJAY GOPAL
SHRI.NANDUKRISHNA D.
RESPONDENTS/PETITIONER & RESPONDENTS 1,2,3&5:
1 PONNAMMA M.V
W/O.LATE GANGADHARAN,PUNNASSERIL, PATTUKULANGARA.P.O,
THURAVOOR, CHERTHALA-688532. (DECEASED)
2 UNION OF INDIA,
REP.BY THE MINISTRY OF INFORMATION & BROADCASTING,
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W.A No.506 of 2020
2
ROOM NO.552,A WING SHASTRI BHAVAN,NEW DELHI-110001.
3 THE SENIOR ACCOUNTS OFFICER,
PAY AND ACCOUNTS OFFICE, ALL INDIA RADIO,MYLAPORE,
CHENNAI-600004.
4 THE DEPUTY DIRECTOR,
ALL INDIA RADIO,KOCHI-680021.
5 THE CHIEF MANAGER,
STATE BANK OF INDIA,MYLAPORE BRANCH,46/1,LUZ CHURCH
ROAD, MYLAPORE,CHENNAI-600004. ADDL.R6 IMPLEADED.
ADDL.R6 SONIYA,
AGED 24 YEARS,D/O.LATE HIRAN,GRACE HAVEN, GARDEN
VILLA,THENGOD,KAKKANAD,ERNAKULAM, PIN-682030. IMPLEADED
AS ADDITIONAL R6 AS PER ORDER DATED 30/3/2021 IN
I.A.2/2021 IN WA 506/2020.
ADDL.R7 MRUDHUSREE, AGED 32,
D/O. LATE SHEENA, PUNNASERIL, PATTUKULANGARA.P.O.,
THURAVOOR, CHERTHALA.(LEGAL HEIR OF RESPONDENT 1 IS
IMPLEADED AS ADDL R7 AS PER ORDER DATED 5/2/2025 IN
I.A.1/2025 IN W.A. 506/2020)
BY ADVS.
SMT.PREETHA ANIL RAVEENDRAN
SMT.MAHESWARY.G., SENIOR PANEL COUNSEL
SHRI.M.JITHESH MENON
SRI.P.SHANES METHAR
SRI.RAJAN JOSE
THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON
02.07.2025, THE COURT ON 07.07.2025 DELIVERED THE FOLLOWING:
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W.A No.506 of 2020
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JUDGMENT
Sushrut Arvind Dharmadhikari, J.
The present intra-court appeal filed under Section 5 of the
Kerala High Court Act, 1958 arises out of the judgment dated
20.02.2020 in WP(C) No.19306 of 2019 whereby the learned
Single Judge disposed the writ petition with certain directions.
2. The appellant is the 4th respondent in the writ petition
whereas the 1st respondent is the petitioner and respondents 2 to
5 are the respondents. The 1st respondent filed the writ petition
seeking disbursement of Rs.9 lakh as Death Cum Retirement
Gratuity (DCRG) payable following the death of her son by name
G.Hiran who happens to be the husband of the appellant.
G.Hiran, while in employment with All India Radio, expired on
19.04.2017. He had nominated the appellant and the
1st respondent to receive the DCRG in equal proportion i.e. 50%
each. The total amount of DCRG was Rs.20 lakhs. The
Department authorised payment of Rs.18 lakhs in equal shares of
Rs.9 lakhs each to the mother and the appellant-widow,
withholding a sum of Rs.2 lakhs. The 3rd respondent, as per
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W.A No.506 of 2020
Ext.P4 letter, informed the 1st respondent that two separate
challans for payment of Rs.9 lakhs each has been submitted in
the Mylapore Branch of State Bank of India, in accordance with
the nomination exercised by Late Hiran. However, due to
inadvertent mistake of the Bank, the entire amount was credited
to the account of the widow i.e. the appellant. However, this
mistake was noticed and thereafter an amount of Rs.9 lakh was
deposited in the account of the mother.
3. The grievance of the appellant is that since the
1st respondent/mother has already expired, the amount of
Rs.9 lakhs deposited in the account of the 1st respondent be
directed to be refunded along with interest to her Savings Bank
account at Padivattom branch.
4. Learned Single Judge came to the conclusion that the
appellant as well as the 1st respondent would be entitled to get a
sum of Rs.9 lakhs each and accordingly, the said amount was also
paid, and disposed of the writ petition with the following
directions:
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"The 5th respondent Bank shall therefore release a
sum of Rs. 9 lakhs to the petitioner in W.P.(C) No.19306 of
2019 without any further delay. Smt.Ponnamma would
also be entitled to interest on the said amount as
admissible to the FD account in which it remained
deposited from the date of deposit till its release. It goes
without saying that the petitioner in W.P. (C)No.215 of
2020 would be free to withdraw the balance amount in her
FD account in accordance with law".
Learned Single Judge also granted liberty to the parties to
approach appropriate forum for resolving further disputes, if any,
between them.
5. Learned counsel for the respondents opposed the prayer
of the appellant and submitted that as per the nomination made
by deceased Hiran, 50% of the amount has been paid to the
appellant whereas 50% has been paid to the 1st respondent. In
such a situation, no directions can be issued to claim the amount
from the account of the 1st respondent who has already expired.
Moreover, the 1st respondent was suffering from cancer and she
had already spent the amount lying in her account. Therefore,
the learned Single Judge has not committed any error in disposing
the writ petition.
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6. Heard learned counsel for the parties and perused the
record.
7. This Court finds force in the submissions of the learned
counsel for the respondents particularly taking into consideration
the fact that the amounts have already been deposited as per the
nomination and as such after the death of the 1st respondent, such
directions cannot be issued. However, learned Single Judge has
already granted liberty to the parties to approach appropriate
forum, if there is any dispute.
In view of the aforesaid, we are of the considered opinion
that the learned Single Judge has not committed any error in
disposing the writ petition. Accordingly, we refrain from
interfering with the judgment passed by the learned Single Judge.
The writ appeal stands dismissed. No order as to costs.
Sd/-
SUSHRUT ARVIND DHARMADHIKARI
JUDGE
Sd/-
SYAM KUMAR V.M
JUDGE
smp
