IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM WEDNESDAY, THE 29TH SEPTEMBER 2010 / 7TH ASWINA 1932 WP(C).No. 17948 of 2010(P) -------------------------- PETITIONER: ------------------- VIJI NIXON, AGED 36 YEARS, W/O.LATE NIXON, VILAKKUM MADATHIL, SDPY ROAD, PALLURUTHY, KOCHI-6. BY ADVS. SRI.A.T.ANILKUMAR SMT.V.SHYLAJA RESPONDENTS: ---------------------- 1. ALAPPUZHA DISTRICT CO-OPERATIVE BANK LTD., ALAPPUZHA, REP. BY ITS MANAGER. 2. THE MANAGER, ALAPPUZHA DISTRICT CO-OPERATIVE - BANK LTD., ALAPPUZHA. R1-R2 BY ADV. SRI.P.K.VIJAYAMOHANAN,SC,ALP.DIST.CO-OP THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 29/09/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: VK C.K. ABDUL REHIM, J ------------------------------ WP(C) NO. 17948 OF 2010 ------------------------------------- Dated this the 29th day of September, 2010 JUDGMENT Petitioner is the widow of late Sri. Nixon who died on 08.12.2008. According to the petitioner her husband was the holder of a “safe deposit locker” at the respondent Bank, with locker No. 48. It is stated that ornaments, certificates, insurance policies, RC Book of the vehicle, and such other valuable documents are kept in locker. Grievance of the petitioner is that the respondents are not permitting her to operate the locker and to take the materials kept therein, because some disputes were raised by the mother of her deceased husband. Hence the petitioner is seeking directions to permit operation of the locker by the petitioner. 2. In a statement filed on behalf of the respondents it is admitted that the deceased husband of the petitioner was the holder of a locker in one of the 2 WP(C) No. 17948/2010 branches of the first respondent Bank, namely Aroor branch. It is further stated that after death of Sri. Nixon, nobody has approached the Bank seeking permission to operate the locker. It is mentioned that the customer has not given any nomination and as such the Bank could not permit operation of the locker held by the deceased person, unless legal heirship certificate from any competent authority is produced and arrears if any due as rent of this locker is paid. 3. Since it is brought to my notice that there exist dispute between the legal heirs of the deceased person who was the holder of the safe deposit locker and since it is evident that there was no nomination submitted by the holder, the Bank is perfectly justified in taking the stand that operation of the locker can be permitted only on production of legal heirship certificate from any competent authority. 4. Under the above circumstances, the Writ Petition 3 WP(C) No. 17948/2010 is dismissed without prejudice to rights of the petitioner to move before appropriate authority for obtaining legal heirship, in order to facilitate operation of the safe deposit locker. C.K. ABDUL REHIM JUDGE dnc