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2025 DAILYLAW 216447 (MAD)

Mariammal v. The Branch Manager

WP(MD)/34268/2025 · 2025-12-10

R Vijayakumar

Transfer Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

W.P.(MD).No.34268 of 2025 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 10.12.2025 CORAM: THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR W.P(MD)No.34268 of 2025 and W.M.P(MD) No.27114 of 2025 1. Mariammal 2. Chandra 3. Perumal 4. Madan ...Petitioners Vs 1.The Branch Manager, State Bank of India, Bodinayakanur Branch, Theni District. 2. The Regional Manager, State Bank of India, Regional Office, Madurai No.70, South Masi Street, Madurai – 625 001. 3. The Regional Director, Reserve Bank of India, Fort Glacis, Rajaji Salai, Chennai – 600 001. ... Respondents (R2 and R3 are impleaded vide order of this Court dated 05.12.2025 in W.M.P(MD) No.27680 of 2025 in W.P(MD) No.34268 of 2025) 1/5 https://www.mhc.tn.gov.in/judis W.P.(MD).No.34268 of 2025 PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus directing the respondent to release the gold ornaments pledged under Gold Loan Account No. AL2199587193/ GL38398557193 in the name of Late Ramar, after accepting the balance loan amount, if any from the petitioners, who are the lawful legal heirs, by disposing the petitioners representation dated 13.11.2025 within a time frame to be stipulated by this Honble Court. For Petitioners : Mr.R.Suriya Narayanan For Respondents : Mr.K.K.Udayakumar O R D E R The present writ petition has been filed seeking a Mandamus as against the respondents bank to release the gold ornaments pledged under Gold Loan Account, after accepting the balance loan amount, if any to the legal heirs. 2. It could be seen from the records that the gold ornaments of one Ramar was pledged before the respondents bank and he had passed away on 05.01.2020, leaving behind him five legal heirs, namely his wife, three sons and a daughter. 2/5 https://www.mhc.tn.gov.in/judis W.P.(MD).No.34268 of 2025 3. A perusal of the Legal Heir Certificate reveals that one of the sons namely, Vengadesan was missing and shown as separated from the family. According to the learned counsel appearing for the writ petitioners, he went missing more than 45 years ago. He further submits that he is not traceable as on today. 4. The learned counsel appearing for the respondents bank submits that unless all the legal heirs of deceased Ramar appears, pledged jewels cannot be permitted to be redeemed. 5. Heard both sides and perused the materials available on record. 6. Since one of the sons, namely, Vengadesan, is missing for more than 45 years ago, it is very difficult to trace the person. 7. In view of the above said facts, the respondents bank is directed to permit the petitioners to redeem jewels on furnishing indemnity form with regard to the share of missing person viz., Venkatesan on payment of balance 3/5 https://www.mhc.tn.gov.in/judis W.P.(MD).No.34268 of 2025 amount. The said exercise shall be completed within a period of four weeks from the date of receipt of a copy of this order. 8. With the above said observation, this Writ Petition stands disposed of. There shall be no order as to costs. Consequently connected Miscellaneous Petition stands closed. 10.12.2025 NCC : Yes/No Index : Yes / No Internet : Yes / No ebsi To 1.The Branch Manager, State Bank of India, Bodinayakanur Branch, Theni District. 2. The Regional Manager, State Bank of India, Regional Office, Madurai No.70, South Masi Street, Madurai – 625 001. 3. The Regional Director, Reserve Bank of India, Fort Clacis, Rajaji Salai, Chennai – 600 001. 4/5 https://www.mhc.tn.gov.in/judis W.P.(MD).No.34268 of 2025 R.VIJAYAKUMAR,J. ebsi W.P(MD)No.34268 of 2025 10.12.2025 5/5 https://www.mhc.tn.gov.in/judis