THE HONOURABLE SRI JUSTICE C.V. RAMULU WRIT PETITION No.9297 OF 2010 DATED: 14.06.2010 Between: Binji Devakaruna .. Petitioner And The Singareni Collieries Limited, Rep. by its Chief General Manager, Sriramur Area, Mancherial Mandal, Adilabad District and another. .. Respondents ORDER: Heard the learned counsel on either side. It appears, the son of the petitioner namely Sanjeeva Rao, while serving the 1st respondent company- Singareni Collieries Limited, died on 04.01.2009. Petitioner states that her son nominated herself and his wife as nominees to receive 50% each of the provident fund amounts payable to him, in case of his death, and according to that option, after the death of her son, the 2nd respondent- Regional Manager (CMPF) issued two cheques, one in her name and the other in the name of her daughter-in-law, each for a sum of Rs.3,94,816/-. It is her case that the 1st respondent, having released the cheque issued in the name of her daughter-in-law, has not released the cheque issued in her name, on the ground that her grand son namely B. Sudershan Rao filed a suit in O.S.No.352 of 2009 on the file of Principal Junior Civil Judge’s Court, Mancherial, seeking the relief of declaration that he is entitled to 1/6th share from the amount payable to her, and obtained interim injunction dated 01.08.2009, restraining the authorities from paying 1/6th share amount of Rs.65,802/- out of the total amount of Rs.3,94,816/- payable to her. It is the grievance of the petitioner that she is old-aged and unable to maintain herself and meet the medical expenses and, therefore, she requested the respondents repeatedly to withhold the amount of Rs.65,802/-, out of Rs.3,94,816/-, as per the interim injunction orders of the Civil Court, and release the balance amount to her, but her request was not considered and the legal notice got issued by her on 16.03.2010 in this regard is also not acted upon. Hence, she filed the present writ petition seeking appropriate directions for release of that balance amount. Admittedly, by the interim injunction orders dated 01.08.2009 passed by the Principal Junior Civil Judge’s Court, Mancherial, in I.A.No.499 of 2009 in O.S.No.352 of 2009, the respondents are restrained from paying an amount of Rs.65,802/- only, out of Rs.3,94,816/- payable to the petitioner. Thus, it is not proper for the respondents to refuse to release the total amount, in the guise of the said orders. In the circumstances, the respondents are directed to release the balance amount of Rs.3,29,014/- (Rupees Three Lakhs Twenty Nine Thousand and Fourteen only), out of Rs.3,94,816/-, in favour of the petitioner, by withholding the amount of Rs.65,802/- as ordered by the Civil Court, within a period of three weeks from the date of receipt of a copy of this order. With the above direction, the writ petition is disposed of. No order as to costs. _________________ JUSTICE C.V. RAMULU 14th June, 2010. IBL