IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 34155 of 2008(N)
1. GINI THOMAS, AGED 31,
... Petitioner
2. MASTER DON THOMAS, AGED 7 YEARS,
3. MISS.DENNA THOMAS, AGED 5 YEARS,
Vs
1. STATE BANK OF INDIA, THRIPUNITHURA
... Respondent
For Petitioner :SRI.P.N.RAMAKRISHNAN NAIR
For Respondent : No Appearance
The Hon'ble MR. Justice K.P.BALACHANDRAN
Dated :19/11/2008
O R D E R
K.P. BALACHANDRAN, J.
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W.P(c) No. 34155 of 2008
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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
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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
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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