M.Sherli vs The Branch Manager
2023 Latest Caselaw 1858 Mad

                                                                              W.P(MD)No.2862 of 2023


                          BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                                   DATED : 03.03.2023

                                                        CORAM

                            THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN

                                               W.P(MD)No.2862 of 2023

                M.Sherli                                                    ... Petitioner
                                                           Vs.




                1.The Branch Manager,
                  Canara Bank,
                  Thirukkurungudi Branch,
                  Nanguneri Taluk,
                  Tirunelveli.

                2.M.Abilash

                3.M.Ragavendhar & Raghu                                 ... Respondents

                Prayer : Writ Petition filed under Article 226 of the Constitution of India,
                praying this Court to issue a Writ of Mandamus, to direct the first respondent to
                disburse 1/3 of a share available in the Account No.1276101009370 based on
                the representation dated 30.12.2022 within a time frame stipulated by this
                Court.
                                  For Petitioner     : Mr.V.P.Rajan

                                  For Respondents : Mr.C.Karthik
                                                    Standing Counsel for R1
                                                   : Mr.B.Jeyakumar for R2
                                                   : Mr.N.Jeyaram Sidharth for R3

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                                                                                  W.P(MD)No.2862 of 2023




                                                    ORDER

Heard the learned counsel on either side.

2. One Madhusoodhanan had an account in the first respondent branch.

He passed away. The petitioner is his wife. The second respondent is her son.

The petitioner would impeach the actual status of the third respondent.

But then, the jurisdictional Civil Court had already declared vide Judgment and

decree dated 28.09.2021 in O.S.No.41 of 2019 on the file of the District Munsif

Court, Nanguneri that all the three are the legal heirs of the deceased

Madhusoodhanan.

3. Therefore, all of them are entitled to 1/3rd share in whatever is left to

the credit of Madhusoodhanan in the first respondent branch. The first

respondent appears to be insisting that all the three respondents should jointly

approach the first respondent for disbursal. Considering the strained

relationship among the parties, that may not be feasible. The first respondent

can individually disburse 1/3rd share of the estate left behind by the deceased

Madhusoodhanan which is lying with the first respondent to the petitioner,

second respondent and the third respondent. The parties will comply with all

the usual formalities that may be stipulated by the first respondent.

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W.P(MD)No.2862 of 2023

4. The Writ Petition is allowed on these terms. No costs.

                                                                                      03.03.2023
                Index             : Yes / No
                Internet          : Yes/ No
                rmi




https://www.mhc.tn.gov.in/judis

                                        W.P(MD)No.2862 of 2023




                                  G.R.SWAMINATHAN, J.


                                                          rmi




                                  W.P(MD)No.2862 of 2023




                                                03.03.2023


https://www.mhc.tn.gov.in/judis