IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC WEDNESDAY, THE 10TH AUGUST 2011 / 19TH SRAVANA 1933 WP(C).No. 13796 of 2011(Y) ------------------------ PETITIONER : --------------------- ANJU.T.M., AGED 18 YEARS, D/O. LATE MR. MADHAVAN T.V., RESIDING AT THIRUNILATHU HOUSE, NETTOOR.P.O., ERNAKULAM DISTRICT-682304. BY ADVS. SRI.C.A.MAJEED SRI.K.H.ASIF RESPONDENT(S): ------------------------- 1. POST MASTER GENERAL, P.M.G.'S OFFICE, CENTRAL REGION, ERNAKULAM-682011. 2. POST MASTER, ERNAKULAM HEAD POST OFFICE -682011. 3. POST MASTER, POST OFFICE, KAKKANADU - 682030. 4. K.D. SAJEEVAN, S/O. LATE DAMODARAN, KAREPARAMBIL HOSUE, THYKOODAM, VYTILA.P.O., ERNAKULAM-682019. R1 TO R3 BY ADV. SRI. P. PARAMESWARAN NAIR, ASG THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 10/08/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Mn ...2/- WP(C).No. 13796 of 2011(Y) APPENDIX PETITIONER'S EXHIBITS: EXT.P1 : PHOTOCOPY OF THE ORDER DATED 31.10.1998 IN SUCCESSION O.P. NO. 23 OF 1997 OF THE MUNSIFF'S COURT, ERNAKULAM. EXT.P2 : PHOTOCOPY OF THE LETTER DATED 24.03.2011 SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT. EXT.P3 : PHOTOCOPY OF THE REPLY DATED 18.04.2011 SENT BY THE 1ST RESPONDENT. RESPONDENT'S EXHIBITS - NIL //TRUE COPY// P.A. TO JUDGE Mn ANTONY DOMINIC, J --------------------------------------- W.P(C) No.13796 of 2011 ---------------------------------------- Dated this the 10th day of August, 2011. J U D G M E N T Petitioner's mother late Smt.P.D.Geethamani was a SAS agent and had certain deposits in National Savings Certificates. Since the petitioner was a minor then, in the certificates, the 4th respondent was shown as nominee. Subsequently, the petitioner attained majority and made Ext.P2 application for disbursement of the amount covered by National Savings Certificates. That request of the petitioner was rejected by Ext.P3 saying that only nominee can claim disbursement of the amounts. 2. It is thereupon the writ petition has been filed with the following prayers: “i) A direction to the respondents 1 to 3 to disburse the amounts to the petitioner as she is the only legal heir of the deceased. ii) To declare that the denial to disburse the amounts covered under the 4 NSCs as illegal.” 3. Although notice has been served on the 4th respondent, there is no appearance on behalf of him. 4. Standing counsel appearing for respondents 1 to 3 W.P(C) No.13796 of 2011 2 submits that if the petitioner makes an appropriate application to the 3rd respondent producing succession certificate and other required documents, necessary action will be taken on the request of the petitioner. 5. I have considered the submissions made. 6. Ext.P1 is the succession certificate obtained by the petitioner in Succession O.P.No.23/1997 from the Court of Additional Munsiff, Ernakulam. B schedule of the said documents contains the details of the National Savings Certificates mentioned above. 7. Now that, the petitioner has obtained the said succession certificate and in view of the submission made by the counsel appearing for the respondent, I direct that it will be open to the petitioner to make an application to the 3rd respondent, producing Ext.P1, in which event necessary order will be passed as sought for by the petitioner. 8. This shall be done as expeditiously as possible, at any rate within four weeks thereafter. The Writ Petition is disposed of. ANTONY DOMINIC JUDGE ab