IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN WEDNESDAY, THE 26TH MAY 2010 / 5TH JYAISHTA 1932 WP(C).No. 2185 of 2010(W) ----------------------------------- PETITIONER: --------------- R.VASUDEVAN NAMBIAR, S/O.LATE RAMAN NAMBIAR, AGED 43 YEARS, SANTHI NIVAS, VENGOOR, ANGAMALY NOW RESIDING AT 26(2), VRINDAVANAM, PANDARAKKAVU, KUNNATHURMEDU, PALAKKAD DISTRICT. BY ADV. MR.RAJESH SIVARAMANKUTTY RESPONDENTS: ----------------- 1. THE POST MASTER GENERAL, CENTRAL REGION, ERNAKULAM. 2. DIRECTOR OF POSTAL SERVICES, CENTRAL REGION, ERNAKULAM. 3. SENIOR SUPERINTENDENT OF POST OFFICES, ERNAKULAM REGION, ERNAKULAM. 4. POST MASTER, OFFICE OF THE POST MASTER, ANGAMALY MDG, PIN-683 572. 5. NARAYANAN NAMBIAR,AGED 36 YEARS, S/O.LATE RAMAN NAMBIAR,SANTHI NIVAS HOUSE, VENGOOR KARA, P.O.KIDANGOOR, ANGAMALY VILLAGE, ALUVA TALUK. ADV. MR.T.P.M.IBRAHIM KHAN,ASST.S.G OF INDI FOR R1 TO 4 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 26/05/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S. SIRI JAGAN, J. ------------------------------ W.P.(C) No.2185 OF 2010 ------------------------------- Dated this the 26th day of MAY, 2010 J U D G M E N T The petitioner's father, who is no more, had two separate deposits with the fourth respondent. After the death of the father, the legal heirs including the petitioner submitted a heirship certificate with a request to release the balance amount remaining in the deposits to the legal heirs. The mother of the petitioner also is no more. The only legal heirs are the petitioner and the fifth respondent. The fifth respondent has issued a consent letter, as evidenced from Ext.P1, agreeing for disbursal of the amount to the petitioner. The petitioner's grievance in this writ petition is that despite the same, the fourth respondent refuses to disburse the amounts to the petitioner. The learned Asst. Solicitor General on the basis of the counter affidavit submits that as per Ext.R2 Rules, the amount cannot be disbursed, since the total amount of both deposits together exceeds Rs.1 lakh. According to respondents 1 to 4, if the W.P.(C)No.2185/2010 2 amount exceeds Rs.1 lakh, the amount can be released only after the production of a succession certificate from a competent Court. 2. Even going by the counter affidavit, if the amount of a deposit is less than Rs.1 lakh, the amount can be disbursed on the basis of the heirship certificate. The learned Asst. Solicitor General could not point out any Rule which permits respondents 1 to 4 to club two deposits together for the purpose of deciding whether the petitioner has to produce a succession certificate. I am of opinion that in so far as there are two separate accounts, each account has to be treated separately for this purpose. Admittedly, when the deposits taken separately, each deposit is of value of less than Rs.1 lakh. That being so, I am of opinion that there cannot be any impediment for respondents 1 to 4 to release the amount to the petitioner who is one of the legal heirs on the basis of the heirship certificate produced and the consent letter issued by the other. In the above circumstances, there would be a direction to the fourth respondent to release the amount under the two deposits to the petitioner on the basis of the heirship certificate as also the consent letter issued by the 5th respondent as W.P.(C)No.2185/2010 3 expeditiously as possible, at any rate, within a period of one month from the date of receipt of a copy of this judgment. The writ petition is disposed of as above. S. SIRI JAGAN, JUDGE acd W.P.(C)No.2185/2010 4