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2026 Supreme(Online)(Mad) 28071

IN THE HIGH COURT OF JUDICATURE AT MADRAS
Honourable Mr Justice M.DHANDAPANI
MRS.SUNITHA.A – Appellant
Versus
M/S.INDIAN BANK – Respondent



IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 10-03-2026 CORAM THE HON'BLE MR JUSTICE M.DHANDAPANI Sunitha.A W/o.Poothatta Rajkumar Avalon House, Puthiyangudi Elathur Village, Kozhikode, Kerala 673303.

..Petitioner(s)

Vs Indian Bank (Formerly Allahabad Bank)

Rep. by its Branch Manager Anna Nagar East Branch Chennai 600040.

..Respondent(s)

Prayer: Writ Petition filed under Article 226 of Constitution of India for issuance of a Writ of Mandamus directing the Respondent Bank to forthwith release the Bank deposits and Savings Bank Account more fully described in the Schedule to the Writ Petition, with accrued interest, standing in the name of Late Lt.Col.A.Vijayaraghavan in favour of the petitioner in terms of the Succession Certificate granted to the petitioner by this Court by an order dated 20.03.2025 in OP.No. 204 of 2024.

For Petitioner(s): Mr.S.Abhijeet Krishna For Respondent(s): Mr. R.Jagadeesan for M/s K.V.Subramanian Associates

ORDER

The present Writ Petition has been filed by the petitioner to direct the Respondent Bank to forthwith release the Bank deposits and Savings Bank Account more fully described in the Schedule to the Writ Petition, with accrued interest, standing in the name of Late Lt.Col.A.Vijayaraghavan in favour of the petitioner in terms of the Succession Certificate granted to the petitioner by this Court by an order dated 20.03.2025 in OP.No. 204 of 2024.

2. According to the petitioner, the petitioner is the Class II legal heir of deceased Lt.Col.A.Vijayaraghavan and the wife of the deceased, predeceased him on 19.09.2016. The deceased during his life time, had made certain bank deposits and the deceased did not have any class-I legal heir nor had made any nominations to the bank deposits held by him. Therefore, the petitioner applied for succession certificate and obtained the same, however, the respondent is refusing to release the said bank deposits and insisted to follow the regular formalities for accounts without nominations, hence this petition.

3. The learned counsel for the petitioner would submit that the petitioner is the deceased brother’s daughter and the deceased Lt.Col.A.Vijayaraghavan had made bank deposits with the respondent -bank while he was alive and died on 05.04.2018. The petitioner, being a class-II legal heir filed O.P.No.204 of 2024 before this Court and the same was allowed by an order dated 20.03.2025 and the succession certificate was issued to the petitioner. With the said succession Certificate, the petitioner has approached the respondent for the release of bank deposits and amount in the savings account in favour of the petitioner, however, the same has not been granted, hence the petitioner has come up with the present Writ Petition.

4. The learned counsel appearing for the respondent would submit that all the necessary forms were furnished by the respondent and petitioner has filled up all the forms, further along with the said filled-up forms, if the succession certificate and the indemnity bond are provided, the fixed deposits will be released to the petitioner.

5. Heard the learned counsel on either side and perused the documents placed on record.

6. On a perusal of the documents placed on record it is seen that the petitioner is the deceased, viz., Lt.Col.A.Vijayaraghavan’s brother’s daughter and the said Lt.Col.A.Vijayaraghavan had made certain Fixed deposits with the respondent-Bank. Further there are no legal heirs to the said Lt.Col.A.Vijayaraghavan and he died on 05.04.2018, further, his wife predeceased him on 19.09.2016 and no nomination has been made by the deceased Lt.Col.A.Vijayaraghavan to his bank deposits. Therefore, the petitioner had obtained Succession certificate in O.P.No.204 of 2024 before this Court vide order dated 20.03.2025 and the petitioner is ready to execute Indemnity bond in addition to filling up of necessary forms.

7. In view of the above, the petitioner is directed to approach the respondent along with succession certificate and shall execute t

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