Madras High Court

D.Nagammal vs Nil … on 10 March, 2022

                                                                                     C.M.A.No.392 of 2022


                                      IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                       DATED : 10.03.2022

                                                              CORAM:

                                          THE HONOURABLE Ms.JUSTICE P.T.ASHA

                                                       C.M.A.No.392 of 2022
                                                               and
                                                       C.M.P.No.2706 of 2022

                     1.D.Nagammal
                     2. D.Viswanathan                                          ... Appellants

                                                                 Vs.

                     NIL                                                       … Respondent

                     PRAYER: This Appeal is filed under Section 47 (a) of the Guardians and Wards
                     Act, 1890 against the Fair and Decreetal Order dated 20.11.2021 passed in
                     G.W.O.P.No.188 of 2019, on the file of the Principal District Judge of
                     Kancheepuram at Chengalpattu seeking to set aside the same.


                                              For Appellants : Mr.D.Senthil Kumar


                                                         JUDGMENT

The appellants before this Court are challenging the order passed by the

Principal District Judge of Kancheepuram at Chengalpattu in dismissing the

petition filed by them in G.W.O.P.No.188 of 2019, which is filed to appoint the

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appellants/petitioners as a guardian of the minor children and properties and permit

them to draw the amount of the minors from Savings Bank account of Canara

Bank, Pallikaranai Branch for their maintenance and education expenses.

2. The brief facts compelling the petitioners to file G.W.O.P. is that the

minors N.Sreekanth and N.Kishore Raajan are the children of the first petitioner’s

daughter Megala and one Natarajan. They were born on 01.06.2005 and

09.05.2007 respectively. It is the case of the petitioners that the parents of the

children are not no more. Their mother Megala had died on 23.02.2014 and

thereafter minors were under the care of their father and after his demise, as well,

the minors are under the care of the petitioners herein who are their maternal grand

mother and maternal uncle. During their life time the parents of the minors had

purchased the properties which are set out in the schedule to the petition. Their

father was working with the ONGC Ltd. That apart, the father of the minors had

Savings Bank account in the Canara Bank, Pallikaranai Branch, Chennai, in

S.B.A/c.No.2874101011890. Their father had also Postal Life Insurance taken in

his favour. The statement also indicate that there is a locker standing in the name

of the deceased Natarajan and Rs.1,770/- was transferred for the safe locker

charges.

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3. It is the case of the petitioner that the amounts standing in the bank

account are required to be transferred to the credit of the minors but the petitioners

who sought the transfer were asked to produce the order authorising the petitioners

to act as guardian. The 1st petitioner is the grand mother of the minors, aged 69

years and 2nd petitioner is the maternal uncle aged 42 years, at the time of filing the

G.W.O.P.

4. The learned Principal District Judge of Kancheepuram at Chengalpattu

has allowed the petition only in so far as appointing the petitioners as guardian of

the minor alone and has dismissed the petition in respect of the request for

appointing the petitioners as the guardian of the properties of the minor.

Challenging the same, the petitioners are before this Court.

5. The learned counsel for the appellants would submit that the amounts are

lying idle with the Canara Bank in the name of the deceased Natarajan and the

petitioners are unable to transfer the accounts in favour of the minors since they do

not have a guardian appointed.

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6. Both the minors stand at the threshold of their educational career, the

1st minor who is over 17 years old has to be admitted into a good college for which

money is required. As regards the properties, the learned counsel would submit

that the petitioners would not alienate any of the properties without leave of the

Court.

7. By order dated 01.03.2022, the appellants were directed to file an

affidavit in detail with regard to movable and immovable standing in the name of

the minors as well as the deceased parents.

8. The affidavit has been filed, signed by both petitioners, in which, they

had given the details which has been extracted herein below:

I.SCHEDULE OF PROPERTY SCHEDULE 'A'

(Total Property)

All that piece and parcel of lands:

                                  Item:1
                                  1.346/4              ...0.34 Acres
                                  2.351/12             ...0.25 Acres
                                  3.351/13             ...0.25 Acres
                                  4.351/11-C           ...0.21 Acres

                                  Item No.2





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                                                                                         C.M.A.No.392 of 2022


                                  5.351/11B           ...0.39 Acres

                                  Item No.3
                                  6.351/9             ...0.32 Acres
                                  7.351/10            ...0.45 Acres

                                        Total Extent ...2.20 Acres

Situated at Keelkattlai Village, Saidapet Taluk, Chengai Anna District, within the registration district of South Madras and Sub-Registration district of Pallavaram and situated within the local limits of Pallavaram Municipality.

'B' Schedule:

All that piece and parcel of House site land to an extent of 2381 Sq.ft.(Two thousand three hundred and Eighty one Sq.ft.) at Shakthi Nagar Plot No.24, in the M.M.D.A. Approved layout (vide M.M.D.A., proceedings, No.L1/12251/91 dt:15.10.90) Approval No.PPD/LO.No.115/91, dt:16.7.91 planning permit No.13708, comprised in survey No.351/12, 13 (three hundred and fifty one / twelve and thirteen forming a part of 'A' Schedule properties mentioned above situated in Keelkattalai Village, Saidapet Taluk, Chennai Anna District, within the District Registration of South Madras and Sub-Registration of Pallavaram, Measuring East to West on the North:48 feet. On the South:47-3'' feet. North to South on the East:50 feet. On the West:50 feet. Bounded on the North by:Plot No.25, South by:Plot No.23, East: By Sasthri Shaan Co-operative housing Society, West by:16 feet wide road.

This property situated within the local limits of Pallavaram Municipality.

II.Schedule of Property:

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All that piece and parcel of vacant site, plot Nos.27, 28, 29 in tre layout formed and known as ''Mahalakshmi Nagar'', Comprised in Survey No.495/2A Srigunaur Village, Mannachannallur Taluk, TrichyDistrict, within the Registration District, Ariyallur and Sub-Registration District of Chetty Kulam.

Plot No.27 Measuring on the North:60 feet, East:37 feet, South:60 feet, West:37 feet. Bounded on the North by:23 feet road; South by:plot No.28; East by:23 feet road. West by:Plot No.26 Total Extent admeasuring 2220 Sq.Feet.

Plot No.28 Measuring on the North:60 feet, East:36 feet, South:60 feet, West:36 feet. Bounded on the North by:Plot No.27; South by:plot No.29; East by:23 feet road; West by:plot No.26 and 30; Total Extent ad-measuring 2160 Sq.Feet.

Plot No.29 Mesuring on the North:60 feet, East:37 feet, South:60 feet, West:37 feet. Bounded on the North by:Plot No.28; South by:23 Feet road; East by:23 feet road, west by:plot No.30; Total Extent ad-measuring 2220 Sq.Feet.

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9. Apart from that the property that was listed in G.W.O.P. Six movable

assets detailed herein below has been included in the affidavit.

S.No A/c. Or Policy Number In the name Amount to be payable 1 Postal Life Insurance Policy S.Natarajan A sum of Rs.10,00,000/- with No.TN-448976-UC further interest by the post Master, Head Post Office, Anna Salai, Chennai-600 002.

2 Kamadhenu Deposit General- S.Natarajan FD Value of Rs.2,00,000/-

A/c.No.2874401002337/1- with further interest to be Deposit Sl.No.KI-370112 payable by Canara Bank, NIOT-Pallikaranai Branch, Chennai-600 100.

3 Savings Bank Account S.Natarajan Rs.78,942/- with further No.2874101011890 interest to be payable by Canara Bank, NIOT-

Pallikaranai Branch, Chennai-

600 100.

4 Savings Bank Account S.Natarajan Rs.30,03,343.77 with further No.405975376 interest to be payable Indian Bank, CMDA Towers 8 Gandhi Irwin Road, Egmore, Chennai-600 008.

5 Death, terminal claims, PRBS S.Natarajan Oil and Natural Gas pensionary claims and other Corporation (ONGC), having

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S.No A/c. Or Policy Number In the name Amount to be payable benefits office at Gandhi Irwin Road, Ansari Estate, Egmore, Chennai-600 008.

6 Death claim, PF, LIC, PLC S.Natarajan Rs.15,00,000/- is deposited at amount of Minors' mother ONGC Co-Operative Thrift deceased Mrs.Megala & Credit Society Ltd., Chennai at Oil and Natural Gas Corporation (ONGC), having office at Gandhi Irwin Road, Ansari Estate, Egmore, Chennai-600 008.

10. It appears that the deceased Natarajan was working as Materials

Manager, in ONGC, Chennai. Since no guardian has been appointed, even the

terminal benefits, death claims are yet to be disbursed and settled to the minors.

The learned counsel would also submit that the amounts are required for the future

studies of the 1st minor N.Sreekanth who is presently studying 12th Standard with

Computer Science Group at Prince Matriculation School, Madipakkam, Chennai

and in the next year he has to enrol in to the College for which amounts are

required. By appointing the petitioners as guardian for only the person of the minor

children that will not be able to receive the amounts from ONGC as well as in the

Banks standing in the name of the father. As a result of which, the minors would

be deprived of a quality education.

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11. The learned Judge has not given any reason for rejecting the relief with

reference to appointing the petitioners as guardian of the properties.

12. Taking into consideration the paramount interest of the minors, this

Civil Miscellaneous Appeal is allowed on the following directions:

a) The appellants/petitioners shall first open a separate bank account in the

name of the minors with one of the petitioners be shown as the guardian

of the minors. This account shall be operated jointly by the petitioners.

b) Once the first minor N.Sreekanth attains majority, who would be turning

18 years age by 2023, he would also be nominated as a joint signatory

along with the petitioners to operate the bank account and for on behalf

of the second minor. Thereafter, only one of the petitioner shall remain a

joint signatory and the other shall cease to be a joint signatory.

c) The appellants/petitioners shall not alienate any of the properties of the

minors except with the leave of the Court.

d) The appellants/newly appointed guardian shall submit accounts

particularly once in 3 months to the learned Principal District Judge,

Chengalpattu in G.W.O.P.No.188 of 2019.

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e) It is also open to the appellants/petitioners to invest the amount that is

likely to be received by the minors towards the terminal benefits etc, of

the deceased father from his Office at ONGC, in a good interest earning

deposit and once such deposit is being made, a Xerox copy of the

deposit receipt shall also be enclosed along with the quarterly accounts

submitted to the learned Principal District Judge, Chengalpattu in

G.W.O.P.No.188 of 2019.

13. In case of any contravention of any in following the above directions of

this Court, the appellants will entirely be removed from the guardianship of the

said properties. No costs. Consequently, connected Civil Miscellaneous Petition is

closed.