IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN THURSDAY, THE 27TH AUGUST 2009 / 5TH BHADRA 1931 WP(C).No. 5513 of 2009(H) ------------------------- PETITIONER(S): --------------- SURESH BABU, R.K.NIVAS, VENKULAM, EDAVA P.O., THIRUVANANTHAPURAM DISTRICT. BY ADV. SRI.C.R.SIVAKUMAR SMT.NIKHILA SOMAN RESPONDENT(S): --------------- 1. THE MANAGER, STATE BANK OF INDIA, VARKALA BRANCH, VARKALA P.O., THIRUVANANTHAPURAM. 2. THE POSTMASTER, VARKALA POST OFFICE, VARKALA, THIRUVANANTHAPURAM. 3. THE UNION OF INDIA REPRESENTED BY POSTMASTER GENERAL, OFFICE OF THE POSTMASTER GENERAL, THIRUVANANTHAPURAM NORTH DIVISION, THIRUVANANTHAPURAM-1. ADDITIONAL RESPONDENTS: 4. SHEELA SURESH, 'SOUPARNIKA', PALACHIRA P.O., VARKALA, TRIVANDRUM. 5. SARASWATHI, D/O.PARVATHI, PARVATHI NIVAS, VENKULAM P.O., EDAVA, TRIVANDRUM. (R4 AND R4 IMPLEADED AS PER ORDER IN I.A.NO.5016/09) ADV. SRI.K.K.CHANDRAN PILLAI FOR R1 SRI.P.PARAMESWARAN NAIR,ASST.SOLICITOR FOR R2 & 3 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 27.8.2009 THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C).No. 5513/09. APPENDIX PETITIONER(S)' EXHIBITS P1. COPY OF THE DEATH CERTIFICATE. P2. COPY OF THE PLAINT IN O.S.NO.29/08. P3. COPY OF THE WRITTEN STATEMENT BY ONE OF THE NOMINEES. P4. COPY OF THE INJUNCTION ORDER DTD.19.9.08. P5. COPY OF THE ORDER IN O.P.(SUCCESSION) NO.10/08. P6. COPY OF THE INTIMATION LETTER BY R3 DTD.3.2.09. RESPONDENT(S)' EXHIBITS: R1A. COPY OF THE APPLICATION CARD FOR OPENING ACCOUNT. B. COPY OF THE SUBMISSION DTD.13.2.08. C. COPY OF THE ENGLISH VERSION OF THE DOCUMENT. D. COPY OF THE REQUEST DTD.6.3.08. E. COPY OF THE NOTICE DTD.17.3.08 FROM THE ADVOCATE. F. COPY OF THE ENGLISH VERSION OF Ext.R4. G. COPY OF THE DG POST LETTER DTD.5.8.94. Sdk+ ///True copy/// P.A. to Judge S.SIRI JAGAN, J. ================== W.P(C).No.5513 of 2009 ================== Dated this the 27th day of August, 2009 J U D G M E N T The petitioner is the son of one Chandramathi, who died on 19.1.2008. At the time of death, she had an SB Account with the 1st respondent and another SB account with the 2nd respondent. According to the petitioner, the petitioner is the only legal heir of late Chandramathi, but Chandramathi nominated additional respondents 4 and 5 as nominees for the two accounts. On account of the same, respondents 1 and 2 refused to pay the amount lying in credit in the two accounts of late Chandramathi to the petitioner. The petitioner filed O.P.(Succession) No.10/2008 before the Munsiff's Court, Varkala in respect of the two accounts and the Munsiff's Court allowed the same by Ext.P5 succession certificate. Despite production of the same before respondents 1 and 2, they refused to pay the proceeds of the accounts to the petitioner, is the complaint of the petitioner. The petitioner, therefore, seeks the following reliefs: “I. To issue a writ of mandamus or any other appropriate writ, order or direction directing the 1 to 3 respondents to release the deposit made by the deceased mother of the petitioner, to the petitioner on the basis of Exhibit P5 succession certificate issued by the learned Munsiff, OR II. To issue a writ of mandamus or any other appropriate writ, order or direction declaring that, the petitioner is entitled to receive the deposit of his deceased mother of the petitioner before 1 to 3 respondents OR W.P.C.5513/09 2 III. To issue a writ of certiorari or any other appropriate writ, order or direction directing to call for the records leading to Exhibit P6 and quash the same, OR III (sic) To issue such other appropriate writs, order or directions which this Hon'ble Court may deem fit and proper in the facts and circumstances of the case so as to secure the ends of Justice.” 2. Despite service of notice on additional respondents 4 and 5, who are the nominees for the accounts, they have not cared to appear and contest the matter. From their very conduct it is evident that they are not interested in contesting the case. That being so, I am of opinion that respondents 1 and 2 can be directed to pay the amounts lying in the credit of late Chandramathi in the accounts with them to the petitioner in accordance with Ext.P5 succession certificate. If the petitioner produces the succession certificate before respondents 1 and 2, they shall disburse the amounts lying in the credit in the respective accounts to the petitioner, within one month the date of production of the succession certificate. The writ petition is disposed of as above. Sd/- sdk+ S.SIRI JAGAN, JUDGE ///True copy/// P.A. to Judge W.P.C.5513/09 3