IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN TUESDAY, THE 18TH AUGUST 2009 / 27TH SRAVANA 1931 WP(C).No. 9578 of 2008(M) ------------------------- PETITIONER(S): --------------- MARY EDWARD, AGED 70 YEARS, W/O.LATE B.C.EDWARD, TANK VIEW BUNGLOW, KUNNUKUZHY POST, THIRUVANANTHAPURAM DIST. BY ADV. SRI.J.JAYAKUMAR RESPONDENT(S): --------------- 1. THE MANAGER, THE THIRUVANANTHAPURAM DISTRICT CO-OPERATIVE BANK LTD., BRANCH AT POTHENCODE, POTHENCODE POST, THIRUVANANTHAPURAM. 2. FREDINANT EDWARD, S/O.B.C.EDWARD, CHARUVILA HOUSE, VAVARA AMBALAM, POTHENCODE POST, THIRUVANANTHAPURAM DISTRICT. ADV. SRI.V.G.ARUN FOR R1 SRI.T.R.HARIKUMAR FOR R1 SRI.K.G.RADHAKRISHAN,SC,TVM.DIST.CO.OP. FOR R1 ADV.NAGARAJ NARAYANAN, FOR R2 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 18/08/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C).No. 9578/08. APPENDIX PETITIONER(S)' EXHIBITS P1. COPY OF THE DEATH CERTIFICATE OF THE PETITIONER'S HUSBAND. P2. COPY OF THE LETTER DTD.3.1.2004 BY R1. P3. COPY OF THE ORDER DTD.15.7.06 IN O.P.(SUCCESSION) NO.6/04 OF MUNSIFF'S COURT, ATTINGAL. Sdk+ ///True copy/// P.A. to Judge S.SIRI JAGAN, J. ================== W.P(C).No.9578 of 2008 ================== Dated this the 18th day of August, 2009 J U D G M E N T Shri.Nagaraj Narayanan takes notice on behalf of the 2nd respondent. 2. The petitioner is a widow aged 70 years. Her husband, B.C.Edward, while he was alive, deposited with the 1st respondent certain amounts as fixed deposit with FD receipt No.155/1997-98 in the joint names of the petitioner and the 2nd respondent, which has to be paid to either or the survivor. Sri.Edward died on 18.9.2000. The FD account matured in the year 2001. The 2nd respondent, who is the son of the petitioner's husband in his first marriage, is in possession of the fixed deposit receipt. He is not amenable to withdrawing the amount by both amicably. Therefore, the petitioner filed a succession O.P. which was dismissed as not maintainable, since the amount is not kept in the name of late Edward. It is under the above circumstances, the petitioner has filed this writ petition seeking the following reliefs: “(i). issue a Writ of Mandamus or any other appropriate Writ, Order or direction, directing the 1st respondent to pay the ½ amount in F.D. No.155/1997-98 with interest from the date of deposit till the date of payment, as stated in Ext.P2 letter issued by the 1st respondent, forthwith; and (ii). grant such other relief that this Hon'ble Court deem fit and proper in the circumstances of the case.” 3. The counsel for the 2nd respondent now submits that the 2 2nd respondent is ready to amicably settle the matter by sharing the fixed deposit amount equally between the petitioner and the 2nd respondent. The petitioner also agrees to the said course of action. The 1st respondent has no objection for the same. But he insists on production of the FD receipt. In the above circumstances, this writ petition is disposed of with the following directions: The 2nd respondent shall produce the FD receipt before the 1st respondent within one week along with a certified copy of this judgment on receipt of which, the Bank shall disburse the amounts in the fixed deposit with interest up to the date to the petitioner and the 2nd respondent in equal shares under proper receipt. The 1st respondent-Manager shall issue two cheques to the petitioner and the 2nd respondent for 50 per cent each of the amounts due under the fixed deposit, within one week from the date of production of the FD receipt. If the 2nd respondent is unable to produce the fixed deposit receipt, the 1st respondent shall obtain indemnity bonds from the petitioner as well as the 2nd respondent. Sd/- sdk+ S.SIRI JAGAN, JUDGE ///True copy/// P.A. to Judge 3