W.P.(MD)No.23912 of 2024 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 27.01.2025 CORAM: THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI W.P.(MD)No.23912 of 2024 Pandiarajan ... Petitioner Vs. Senior Manager, Canara Bank, Karuppayurani Branch, Madurai - 20. ... Respondent PRAYER : Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, directing the respondent to permit the petitioner to redeem the jewels mortgaged by his mother on 05.09.2022. For Petitioner : Mr.S.Asaithambi For Respondent : Mr.V.Balasubramanian, Standing Counsel ORDER This Writ Petition is filed, directing the respondent to permit the petitioner to redeem the jewels mortgaged by his mother on 05.09.2022. 2.Heard the learned counsels on either side and carefully perused the entire materials available on record. 3.The petitioner's mother passed away on 31.07.2023. She is survived 1/4 https://www.mhc.tn.gov.in/judis W.P.(MD)No.23912 of 2024 by the petitioner's father and three sons. The petitioner is one among the three sons. The claim of the petitioner is that the petitioner's mother had been an illiterate lady, the name of the petitioner's father has been given as nominee, while pledging the jewels by her. However, the petitioner's father has separated from the petitioner's mother for more than 25 years and they are unaware of the whereabouts of their father including address. In view of same, the petitioner seeks to direct the respondent to permit him to redeem the jewels mortgaged by the petitioner's mother on 05.09.2022. 4.The learned counsel appearing for the respondent submitted that in terms of prevailing rules in case of a death of jewelry loan applicant, only the nominee would be permitted to redeem the same. However, considering the strange circumstances of this case where the nominee is unavailable, the respondent bank is directed to give notice to the petitioner and his two brothers and the petitioner along with his two brothers shall submit an indemnity bond before the Bank, in the absence of the petitioner's father within a period of four weeks from the date of receipt of copy of this order. The respondent bank on receipt of the same, may permit them to redeem the jewels. 2/4 https://www.mhc.tn.gov.in/judis W.P.(MD)No.23912 of 2024 5.Hence, this Writ Petition is disposed of. No costs. 27.01.2025 NCC : Yes / No Index : Yes / No Internet : Yes Mrn To Senior Manager, Canara Bank, Karuppayurani Branch, Madurai - 20. 3/4 https://www.mhc.tn.gov.in/judis W.P.(MD)No.23912 of 2024 L.VICTORIA GOWRI, J. Mrn W.P.(MD)No.23912 of 2024 27.01.2025 4/4 https://www.mhc.tn.gov.in/judis