IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN THURSDAY, THE 22ND JULY 2010 / 31ST ASHADHA 1932 WP(C).No. 22971 of 2010(V) -------------------------- PETITIONER(S): --------------- R.RAJALAKSHMI, AGED 38 YEARS, D/O. (LATE) RAMASWAMY, NOW RESIDING AT NO.EWS 749, GANDHI NAGAR, KADAVANTHRA, COCHIN-20. BY ADV. SRI.JESWIN P.VARGHESE SRI.G.GOPALAKRISHNAN NAIR (EDAPPALLY) RESPONDENT(S): --------------- UNION OF INDIA, PALAYAM ROAD BRANCH, COLOMBO COMPLEX, M.M.ALI ROAD, KOZHIKODE-1. ADV.A.S.P.KURUP THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 22/07/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.SIRI JAGAN, J. ================== W.P.(C).No. 22971 of 2010 ================== Dated this the 22nd day of July, 2010 J U D G M E N T The petitioner is the elder daughter of late V.Ramaswamy and late C.Radhalakshmi. V.Ramaswamy and C.Radhalakshmi are survived by two daughters. The other daughter is a mentally challenged girl. V.Ramaswamy and C.Radhalakshmi had been maintaining fixed deposits and SB accounts with the respondent bank. The petitioner obtained a legal heirship certificate after the death of V.Ramaswamy and C.Radhalakshmi and produced the same before the respondent for payment of the amounts outstanding in the deposits of her parents with the respondent bank. The petitioner's grievance is that the same is not being disbursed to her. 2. The learned standing counsel appearing for the bank submits that the difficulty in releasing the amounts is because of the fact that the other daughter is a mentally challenged girl having disability of 60%. Therefore, unless the petitioner produces a court order as to what should be done with the share of the mentally challenged daughter, the respondent is not in a position to disburse the outstanding amounts in the deposits of their parents, is the contention raised by the learned standing counsel for the respondent. 3. Having heard both sides, I dispose of this writ petition with w.p.c.22971/2010 2 the following directions; The one-half of the amounts in deposit in the accounts of late V.Ramaswamy and late C.Radhalakshmi shall be disbursed to the petitioner within one week from the date of receipt of a copy of this judgment. The other half shall be deposited with the bank in a fixed deposit account bearing maximum interest in the name of the other daughter, Ms.Vani, with the petitioner as the guardian. The petitioner may obtain appropriate orders in respect of that deposit from appropriate civil court in respect of either the principal or the interest or both, on production of which, the respondent shall deal with that account in accordance with the directions of the court. Sd/- sdk+ S.SIRI JAGAN, JUDGE ///True copy/// P.A. to Judge