1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 21.06.2011 C O R A M THE HONOURABLE MR.JUSTICE B.RAJENDRAN W.P.(MD)No.1079 of 2011 Minor Safia Begum, D/o.(Late) Mohammed Harif, Represented by the next friend Mohideenkhan ... Petitioner -Vs-. The Chief Manager, State Bank of India, Sivagangai. ... Respondent Prayer: Writ Petition is filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the respondent to permit the petitioner to withdraw the interest amounts once in three months as per order of G.W.O.P.No.41 of 2009, District Judge, Nagapattinam, dated 22.01.2010 and to re-deposit the Fixed Deposit amounts to the present rate of interest as 8.5% for the welfare of Minor child. For Petitioner : Mr.C.Vakeeswaran For Respondent : Mr.S.Sethuraman ORDER This writ petition has been filed to issue a writ of mandamus directing the respondent bank to permit the petitioner to withdraw the interest amounts once in three months, as per order of G.W.O.P.No.41 of 2009, District Judge, Nagapattinam, dated 22.01.2010, and to re-deposit the Fixed Deposit amounts to the present rate of interest as 8.5% for the welfare of Minor child. 2. The learned counsel appearing for the petitioner would contend that the petitioner is the guardian for the minor child Safia Begum and he is the only legal heir and he was appointed as guardian for the minor child Safia Begum through the Court order dated 22.01.2010 passed in G.W.O.P.No.41 of 2009 by the District Judge, Nagapattinam. The parents of the minor Safia Begum died during the Tsunami attack on 26.12.2004 and the minor Safia Begum alone was rescued by the people of Nagoor. The minor Safia Begum is living with the petitioner. 3. According to the petitioner, in 2005, the petitioner and the minor's parental grandfather Johnpa have deposited a sum of Rs.2,16,300/-, Rs.2,72,100/- and Rs.2,03,570/- in the name of the minor before the State Bank of India, Sivagangai carrying interest at the rate of 6.25% per annum. The minor's paternal grandfather also died and after his death, it is only the petitioner who has been taking care of the minor. As per the G.W.O.P. Order, the respondent bank was directed to pay interest to the petitioner once in three months for the upkeep of the minor and the Court has also directed the petitioner to produce the accounts once in a year before the Court. But, even though there is an order to that effect, the respondent bank has not granted any interest to the petitioner till date and the petitioner is unable to meet out the minor's expenses. https://hcservices.ecourts.gov.in/hcservices/ 2 4. Further, he would only contend that when the money was deposited in the bank, the rate of interest at that point of time was only 6.25% per annum, but, now, the rate of interest has been enhanced to 9.00% per annum. Therefore, he seeks to close the Fixed Deposit and re-deposit the same in the very same bank so that there would be more income to augment the benefit of the minor and he does not want to withdraw the amount excepting the interest as directed by the District Court vide order passed in G.W.O.P. No.41 of 2009. Since the bank has not granted interest, the petitioner has come forward with this petition seeking a mandamus. 5. Mr.S.Sethuraman, learned counsel takes notice on behalf of the respondent bank. He would only contend that the respondent bank has no objection for closing the existing Fixed Deposit and for re-depositing in the very same bank with a higher rate of interest as it will be to the benefit of the minor. Insofar as the arrears of interest is concerned, he would submit that the respondent bank would immediately pay interest to the petitioner. 6. Heard both parties. By consent of both parties, the main writ petition itself is taken up for final disposal. 7. According to the petitioner, the minor's parents died during the Tsunami attack on 26.12.2004 and the petitioner, the well-wishers and grandfather of the minor's have deposited this amount in the name of the minor with the State Bank of India, Sivagangai. The petition in G.W.O.P. No.41 of 2009 was also allowed appointing the petitioner as the guardian. As per the order of the District Court, Nagapattinam, interest only has to be paid for the upkeep of the minor child. 8. Under those circumstances, the respondent bank is directed to pay interest payable to the petitioner till now for the upkeep of the minor. At the same time, the prayer in the writ petition to permit the petitioner to alter or change the Fixed Deposit from the existing one as the same carries interest at 6.25% only right from the date of opening of the deposit and if the very same Fixed Deposit is closed and re-invested or re-deposited in any other scheme, the present rate of interest will apply for which the respondent bank can have no objection. 9. Considering the fact that this will only enure to the benefit of the minor, the petitioner/guardian is permitted to invest that amount which is now in Fixed Deposit with the respondent bank under any such scheme so that the interest rate will be more to the benefit of the minor and on such deposit, the interest accrued only shall be paid to the guardian once in three months for the upkeep of the minor. The writ petition is disposed of with the above direction. No costs. Sd/- Deputy Registrar (Accounts) /True Copy/ Assistant Registrar To The Chief Manager, State Bank of India, Sivagangai. Order made in W.P.(MD)No.1079 of 2011 21.06.2011 srm/RJ/29.6.11 2p/2c https://hcservices.ecourts.gov.in/hcservices/