Madras High Court
T.Seenivasan vs The Pearls General Finance And on 29 April, 2021
W.P.(MD)No.7636 of 2012
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED :29.04.2021
CORAM:
THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH
W.P.(MD)No.7636 of 2012
T.Seenivasan : Petitioner
Vs.
1. The Pearls General Finance and
Investment Company,
No.9, Rehaja Complex,
2nd Floor, Mount Road, Chennai-600 002.
2. The General Manager,
Department of Non Banking Supervision,
Revenue Bank of India,
No.15, N.S.Road, Kolkatta-700 001. : Respondents
PRAYER: Writ Petition is filed under Article 226 of the Constitution of India
praying for issuance of a Writ of Mandamus, directing the first respondent to
sanction the amount in respect of Policy No.E14014840, dated 28.06.1983, to
the petitioner.
For Petitioner : Mr.K.Kumaravel
For R-1 : Mr.M.Jeyakumar
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W.P.(MD)No.7636 of 2012
ORDER
This Writ Petition has been filed for the issue of a Writ of
Mandamus directing the first respondent to sanction the amount that remains in
the Policy No.E14014840 to the petitioner.
2. The case of the petitioner is that he was adopted by late
Thangavel, in the year 1985 and he was taken care of by his adoptive father.
Subsequently, the petitioner also filed a suit for declaration to declare him as the
adoptive son in O.S.No.147 of 2011, before the Principal District Munsif Court,
Srivilliputhur and the said suit was also decreed by Judgment and Decree, dated
25.01.2012. According to the petitioner, this Decree has become final and no
appeal has been filed.
3. The further case of the petitioner is that his adoptive father late
Thangavel had taken a policy from the first respondent on 28.06.1983 and he
was paying premium till his death. Immediately, on his death, the petitioner
made a representation on 11.05.2012, seeking for the payment of the policy
amount to the petitioner. Since the same was not considered, the present Writ
Petition has been filed before this Court seeking for appropriate directions.
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W.P.(MD)No.7636 of 2012
4. Heard Mr.K.Kumaravel, learned counsel appearing on behalf of
the petitioner and Mr.M.Jeyakumar, learned counsel appearing on behalf of the
first respondent.
5. It is brought to the notice of this Court that the policy amount
dues remain with the first respondent and it has not been disbursed till date.
6. Taking into consideration the fact and circumstances of the case,
there shall be a direction to the first respondent to disburse the amount lying in
Policy No.E14014840 to the petitioner, within a period of four (04) weeks from
the date of receipt of a copy of this order.
7. The petitioner is directed to make a fresh representation to the
first respondent along with all the relevant documents and also a copy of this
order. A copy of the representation shall also be sent to the first respondent.
8. This Writ Petition stands disposed of with the above directions.
No costs.
29.04.2021
Index : Yes / No
Internet : Yes / No
tsg
https://www.mhc.tn.gov.in/judis/
W.P.(MD)No.7636 of 2012
N.ANAND VENKATESH, J.
tsg
NOTE:
In view of the present lock down owing to COVID-19 pandemic, a web copy of
the order may be utilized for official purposes, but, ensuring that the copy of the
order that is presented is the correct copy, shall be the responsibility of the
advocate/litigant concerned.
Order made in
W.P.(MD)No.7636 of 2012
Dated:
29.04.2021
https://www.mhc.tn.gov.in/judis/
