IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC FRIDAY, THE 29TH OCTOBER 2010 / 7TH KARTHIKA 1932 WP(C).No. 31677 of 2010(H) -------------------------- PETITIONER(S): --------------------- 1. SMT.BEENA PAUL, AGED 52 YEARS, WIFE OF SRI.BABU GEORGE, MULAYIRIKKAL HOUSE, CHERAI P.O., KOCHI TALUK, ERNAKULAM DISTRICT. 2. SMT.MARY POULOSE, AGED 53 YEARS, WIFE OF LATE SRI.UTHUPPU PAULOSE @ PAULOSE C.V., ARTHATTU CHETTIYARICKKAL HOUSE, KUMARAPURAM P.O., KUNNATHUNADU TALUK, ERNAKULAM DISTRICT. BY ADV. SRI.ANIL S.RAJ SRI.GEO PAUL SMT.K.N.RAJANI SRI.SANU MATHEW SMT.ANILA PETER SRI.C.R.PRAMOD SRI.G.ARUN GOPAN RESPONDENT(S): ----------------------- M/S.UNION BANK OF INDIA, KUMARAPURAM, ERNAKULAM DISTRICT, PIN 683 565, REPRESENTED BY ITS MANAGER. ADV. SRI.A.S.P.KURUP, SC, UBI FOR R THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 29/10/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC NO.31677/10 APPENDIX PETITIONERS' EXHIBITS EXT.P1: TRUE COPY OF THE WILL REGISTERED AS NO.80/2005 OF THE PUTHENCRUZ SUB REGISTRAR'S OFFICE DT 8.4.2005. EXT.P2: TRUE COPY OF THE LEGAL HEIRSHIP CERTIFICATE NO.KDis 3518/10/A2 DT 4.6.2010 ISSUED BYT EH TAHSILDAR, KUNNATHUNADU TALUK. EXT.P3: TRUE COPY OF THE FIXED DEPOSIT RECEIPT NO.C 0940034 ISSUED BY THE UNION BANK OF INDIA, KUMARAPURAM BRANCH DT 6.10.2008. EXT.P4: TRUE COPY of THE FIXED DEPOSTI RECEITP NO.C 0940274 ISSUED BY THE UNION BANK OF INDIA, KUMARAPURAM BRANCH DT 23.3.2009. EXT.P5: TRUE COPY OF THE FIXED DEPOSIT RECEIPT NO.C 0940316 ISSUED BY THE UNION BANK OF INDIA, KUMARAPURAM BRANCH DT 6.5.2009. EXT.P6: TRUE COPY OF THE FIXED DEPOSIT RECEIPT NO.C 0940275 ISSUED BY THE UNION BANK OF INDIA, KUMARAPURAM BRANCH DT 23.3.2009. EXT.P7: TRUE COPY OF THE CERTIFICATE BEARING NO.2792/10 ISSUED BY VILLAGE OFFICER, KUNNATHUNADU VILLAGE DT 4.9.2010. //TRUE COPY// P.A. TO JUDGE Rp ANTONY DOMINIC, J. ================ W.P.(C) NO. 31677 OF 2010 (H) ===================== Dated this the 29th day of October, 2010 J U D G M E N T The prayer sought in the writ petition is to direct the respondent to release the proceeds of Exts.P3 to P6 fixed deposits to the petitioners in the proportion in which they are entitled to as per Ext.P1, a registered Will executed by Late Sri.Uthuppu Paulose @ Paulose C.V. 2. According to the petitioners, they are the legal heirs of Late Uthuppu Paulose, who has bequeathed fixed deposits covered by Exts.P3 to P6 in their favour as per Ext.P1 Will. It is stated that although they produced Ext.P1 Will before the respondent, the respondent has refused to act upon the same and release the amount available demanding a succession certificate. It was thereupon that the writ petition is filed. 3. In my view, so long as the petitioners are the legal heirs, whose rights over Exts.P3 to P6 are covered by the Will, the respondent is bound to act upon the same and release the proceeds in their favour. Therefore, I dispose of this writ petition directing the WPC No. 31677/2010 :2 : respondent to act upon Ext.P1 Will and disburse the proceeds of Exts.P3 to P6 in the ratio, in which they are entitled to. This the respondent shall do on the production of a copy of this judgment along with a copy of this writ petition. ANTONY DOMINIC, JUDGE Rp