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2008 Supreme(Mad) 2953

R.BANUMATHI
N. Kalaiselvi & Another – Appellant
Versus
The General Manager, Salem District Central Co-operative Bank Ltd. & Others – Respondent


Advocates Appeared:
For the Petitioners:Ms. S. Geetha, P. Jagadeesan, Advocate.
For the Respondents:R1 & R2, R. Raghavan, P. Muthukumar, G.A., R3, Ms. S. Geetha, Advocates.

Judgment :-

Kalavathi, daughter of Late Muthusamy has filed W.P.No.38519/2004 to disburse entire terminal benefits payable towards death of late Muthusamy.

2. W.P.No.5984/2006 has been filed by the petitioner, wife of late Muthusamy to consider her representation dated 011. 2005 and to pay the terminal benefits of Muthusamy in her favour.

3. Since common points are involved in both writ petitions, both writ petitions were heard together and shall stand disposed by this common order. For convenience, parties are referred in their rank in W.P.No.5984/2006.

4. Late Muthusamy was employed in Salem District Co-operative Bank. Muthusamy died on 07.09.2003. According to 3rd respondent, she being the daughter is entitled to the entire terminal benefits. It is the further case of the 3rd respondent that in S.O.P.No.15/2004 succession certificate was issued to the effect that she and Pappathiammal, mother of Muthusamy, are the legal heirs. Earlier the 3rd respondent has filed W.P.No.34585/2003 and obtained directions from the court regarding disbursement of terminal benefits.

5. Case of petitioner in W.P.No.5984/2006 is that after the death of first wife, Muthusamy married her on 12.03.19














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