O R D E R

The petitioner has filed this writ petition seeking issuance of Writ of Certiorarified Mandamus, to call for the records made in No.BOB/VIR/44/OPS/04 dated 04.04.2018 on the file of the second respondent herein and to quash the same as illegal and to direct the respondents to disburse the claim amount of Late Ellammal, wife of Pattabirama Account No.09340100000753 as per nomination to the petitioner.

2.The case of the petitioner is that the petitioner's aunt one Ellammal was living along with the petitioner and she had fixed deposit in the second respondent Bank and vide letter of change of nomination dated 19.07.2015, she nominated the petitioner as her nominee and she died on 28.04.2016. After the death of the said Ellammal, the petitioner made application to the respondent Bank along with all necessary documents seeking disbursement lying in the fixed deposit in her favour and since there was no action, she filed W.P.No.32380 of 2017 before this Court and this Court vide order dated 19.03.2018 disposed of the said writ petition by directing the petitioner to approach the respondent Bank with necessary application under prescribed format by enclosing the necessary documents in original and issued direction to the respondent Bank to consider the said application.

3.The further case of the petitioner is that pursuant to the order of this Court, the petitioner approached the respondent Bank with necessary application under prescribed format by enclosing the necessary documents, however, the respondent Bank instead of disbursing the amount in favour of the petitioner has issued the impugned order, which is un-sustainable one.

4.The learned counsel appearing for the petitioner submitted that the petitioner is the nominee of the deceased Ellammal and she is entitled to receive the amount lying in the account of the deceased Ellammal. Though the respondents 3 and 4 claim that they are the legal heirs of the deceased Ellammal, no document has been produced to establish that they are the legal heirs of the deceased Ellammal.

5.The learned counsel appearing for the respondents 1 and 2 submitted that the petitioner has been made as nominee by the deceased Ellammal, however, there is rival claim before the respondent Bank and hence the respondent Bank is not in a position to disburse the amount in favour of the petitioner. The learned counsel further submitted that the Authority to decide the issue is only Civil Court and the petitioner instead of approaching the competent Civil Court has filed this writ petition, which is un-

sustainable one.

6.The learned counsel appearing for the respondents 3 and 4 submitted that the newly impleaded respondents/ respondents 3 and 4 are the Class I and Class II legal heirs of the deceased Ellammal and they are entitled to receive the amount lying in the account of the deceased Ellammal and further submitted that already the respondents 3 and 4 have approached the competent Civil Court and the suit is yet to be numbered.

7.The petitioner's aunt one Ellammal was living along with the petitioner and she had fixed deposit in the second respondent Bank and vide letter of change of nomination dated 19.07.2015, she nominated the petitioner as her nominee and she died on 28.04.2016. After the death of the said Ellammal, the petitioner made application to the respondents along with all necessary documents seeking disbursement lying in the fixed deposit in her favour and since there was no action, she filed W.P.No.32380 of 2017 before this Court and this Court vide order dated 19.03.2018 disposed of the said writ petition by directing the petitioner to approach the respondent Bank with necessary application under prescribed format by enclosing the necessary documents in original and issued direction to the respondent Bank to consider the said application. In compliance of the order of this Court, the petitioner approached the respondent Bank with necessary application under prescribed format by enclosing t