IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.P.BALACHANDRAN WEDNESDAY, THE 19TH NOVEMBER 2008 / 28TH KARTHIKA 1930 WP(C).No. 34155 of 2008(N) ----------------------------------- AGAINST THE ORDER DATED 30/06/2008 IN IA 2862/2008 IN SOP.16/2007 of III ADDL.SUB COURT, ERNAKULAM .................... PETITIONERS : ----------------- 1. GINI THOMAS, AGED 31, W/O.LATE A.M.THOMAS, ANAMTHURUTHIL HOUSE, IRUMPANAM DESOM, THIRUVAMKULAM VILLAGE, KANAYANNUR TALUK. 2. MASTER DON THOMAS, AGED 7 YEARS, S/O.LATE A.M.THOMAS, ANAMTHURUTHIL HOUSE, IRUMPANAM DESOM, THIRUVANKULAM VILLAGE, KANAYANNUR TALUK, A MINOR REP. BY HIS MOTHER & NATURAL REP. BY HIS MOTHER & NATURAL GUARDIAN MRS.GINI THOMAS, AGED 31, W/O.LATE A.M.THOMAS, ANAMTHURUTHIL HOUSE, IRUMPANAM DESOM, THIRUVANKULAM VILLAGE, KANAYANNUR TALUK 3. MISS.DENNA THOMAS, AGED 5 YEARS, D/O.LATE A.M.THOMAS, ANAMTHURUTHIL HOUSE, IRUMPANAM DESOM, THIRUVAMKULAM VILLAGE, KANAYANNUR TALUK, A MINOR REP. BY HIS MOTHER & NATURAL REP. BY HIS MOTHER & NATURAL GUARDIAN MRS.GINI THOMAS, AGED 31, W/O.LATE A.M.THOMAS, ANAMTHURUTHIL HOUSE, IRUMPANAM DESOM, THIRUVAMKULAM VILLAGE, KANAYANNUR TALUK BY ADV. SRI.P.N.RAMAKRISHNAN NAIR SRI.P.VISWANATHAN WP(C).No. 34155 of 2008(N) RESPONDENT : ----------------- STATE BANK OF INDIA, THRIPUNITHURA ABHAYAM BRANCH, TRIPUNITHURA, REPRESENTED BY ITS MANAGER. BY ADV.SRI.P.V.SURENDRANATH, SC FOR SBI THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 19/11/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.P. BALACHANDRAN, J. ------------------------------------- W.P(c) No. 34155 of 2008 ---------------------------- Dated this the 19th day of November, 2008 JUDGMENT Heard counsel for the petitioners. Direction in the order passed in Succession O.P. No.16 of 2007 is as follows; “ In the result, a succession certificate will be issued in the name of 1st petitioner for and on behalf of minor petitioners 2 and 3 also, on her producing security for the share of the minors, authorising her to receive the petition schedule amounts with interest accrued thereon. No order is made as to costs. ” It is submitted by the counsel for petitioners that the first petitioner is unable to procure or furnish security for the share of the minors and therefore it has become impossible for her to obtain succession certificate issued from the court below and that I.A. No.2862 of 2008 filed in the above Succession O.P. No. 16 of 2007 before the learned Sub Judge, Ernakulam seeking for an order to permit the first petitioner to open new fixed deposit account in the name of the petitioners 2 and 3 in the State Bank of India, Tripunithura Abhaya branch and to issue a direction to the manager of the said bank to convert 2/3rd amounts due to the petitioners 2 W.P(c) No. 34155/ 2008 2 and 3 from Term Deposit Account made mentioned in the succession application as fixed deposit in the name of petitioners 2 and 3 and permit the first petitioner to withdraw the remaining 1/3rd amount only, has been dismissed by the court below and consequently the petitioners are unable to collect the debt obtaining succession certificate as ordered by the court vide Exhibit P1 order in O.P. No.16 of 2007. The petitioners should have moved for correction or modification of the order Exhibit P1. But however in as much as the said order is dated 23/08/2007 it would be driving petitioners to pillar to post with no relief though because of their fault, rendering it difficult for them to collect the debt. In the result invoking jurisdiction under Articles 226 and 227 of the Constitution of India I direct the respondent bank represented by its manager to open new fixed deposit accounts in the names of petitioners 2 and 3, who are minors represented by the first petitioner mother as guardian and on her application using 1/3rd each of the funds due under Term Deposit Account number 300010837964 and S.B Account number 300070003-2 standing in the name of late A.M. Thomas, so as to enable the amount being disbursed to petitioners 2 and 3 respectively on their attaining majority and to issue certificate to the effect that fixed deposit accounts are opened in the W.P(c) No. 34155/ 2008 3 names of petitioners 2 and 3 utilising 2/3 of the funds from the above two accounts to be produced before the learned Sub Court, Ernakulam where succession O.P . 16 of 2007 is pending and thereupon the Sub Judge shall direct the issuance of succession certificate in the name of the first petitioner authorising her to collect the balance 1/3rd of the amount in the above two accounts for herself and as also to receive the fixed deposit receipts in the name of the petitioners 2 and 3. Standing counsel who entered appearance for the respondent shall give appropriate directions to the Manager, Tripunithura Abhaya branch of State Bank of India in the matter as aforesaid for due compliance. This writ petition is disposed of as above. K.P. BALACHANDRAN, JUDGE scm