Madras High Court
Mrs.K.Victoria vs The Chief Manager on 30 September, 2021
W.P.No.21115 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATE D : 30.09.2021
CORAM
The Hon'ble Mr. Justice C.SARAVANAN
Writ Petition Nos.21115 of 2021
(Through Video Conferencing)
Mrs.K.Victoria ... Petitioner
Vs.
1.The Chief Manager
Corporate Office,
HR Department, Indian Bank,
No.254-260, Avvai Shanmugam Salai,
Royapettah, Chennai – 600 001.
2.The Chief Manager,
Indian Bank,
Thiruvallur Bazzar Branch,
Plot No.2, J.N.Road,
Thiruvallur – 602 001. ... Respondents
Writ Petition filed under Article 226 of the Constitution of India,
to issue a Writ of Mandamus directing the Respondents to sanction and
disburse the entire monetary, terminal and other service benefits including
all the due payable to the deceased M.Santhosam, Sub Staff, Indian Bank,
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Thiruvallur Bazzar Branch, Thiruvallur to the Petitioner pursuant to the
Petitioner's representation dated 21.10.2019 made to the respondents within
the time frame fixed by this Court.
For Petitioner : Mr.S.Srinivasan
For Respondent : No appearance
ORDER
This writ petition is disposed at the admission stage itself, though
the Petitioner is seeking a wider relief.
2. The Petitioner claims to be the only legal heirs of the deceased
one Santhosam who died on 30.07.2010. The Petitioner has also obtained a
legal heirs certificate from the Tahsildar on 26.08.2010. Meanwhile, one
Mallika claiming to be the wife of the deceased Santhosam, i.e., the brother
of the Petitioner tried to claim terminal benefit and attempted to get a legal
heir certificate from the Tahsildar. Since the legal heirs certificate was not
granted, the said Mallika also filed a suit in O.S.No.173 of 2011 before the
District Munsif Court, Thiruvallur for a declaration that she is the legally
wedded wife of the deceased Santhosam, the brother of the Petitioner and
was entitled for the family pension / terminal pension and for a
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W.P.No.21115 of 2021
consequential direction. The said suit was dismissed by a judgment and
degree dated 18.11.2016. Meanwhile, the Petitioner has obtained legalheir
certificate from the jurisdictional Tahsildar. Thereafter, the Petitioner has
sent a representation to the Respondents to release the payment. However,
the Respondents have not acted on the same. The Petitioner has also sent a
legal notice dated 15.04.2019 followed a reminder dated 21.10.2019.
3. Considering the fact that the Petitioner is herself aged about 81
years, this Writ Petition is disposed by directing the Respondents to
consider the representation of the Petitioner dated 21.10.2019 and pass
appropriate orders on merits and in accordance with law within the period of
four weeks from the date of receipt of a copy of this order.
4. While disposing the representation of the Petitioner, the
Respondents shall consider the legal heir certificate dated 26.03.2010 of the
deceased Santhosam, the brother of the Petitioner issued to the Petitioner
and the Judgment and Degree dated 18.11.2016 passed by the District
Munsif Court, Thiruvallur in O.S.No.173 of 2011. In case the Petitioner is
otherwise eligible for the benefit sought for by the Petitioner in this writ
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Petition, the Respondents shall scrutinize the same and release the same to
the Petitioner within a period of two weeks thereafter.
5. This writ petition stands disposed in the above observation.
No costs.
30.09.2021
Index : Yes/No
Internet : Yes/No
rrg
To
1.The Chief Manager
Corporate Office,
HR Department, Indian Bank,
No.254-260, Avvai Shanmugam Salai,
Royapettah, Chennai – 600 001.
2.The Chief Manager,
Indian Bank,
Thiruvallur Bazzar Branch,
Plot No.2, J.N.Road,
Thiruvallur – 602 001.
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W.P.No.21115 of 2021
C.SARAVANAN J.,
rrg
W.P.No.21115 of 2021
30.09.2021
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