- 1 - HC-KAR NC: 2025:KHC:50294 WP No. 20887 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 1ST DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 20887 OF 2024 (GM-RES) BETWEEN: MR. JOHN FERNANDEZ SON OF LATE FLAVIAN JOSEPH FERNANDEZ AGED ABOUT 57 YEARS, RESIDING AT FLAT NO. T 2 VITROSE ELANZA NO. 13 HAUDIN ROAD, BENGALURU …PETITIONER (BY SMT. KARISHMA NAGHNOOR, ADVOCATE) AND: THE BRANCH MANAGER STATE BANK OF INDIA SPECIALISED PERSONAL BANKING BRANCH, NO. 65, ST. MARKS ROAD, BENGALURU - 560 001. …RESPONDENT (BY SRI. NAVEEN TAO, ADVOCATE) THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE LETTER DTD. 04.06.2024 BEARING NO. SPBB/GEN/2024-25 BY THE RESPONDENT (ANNX-A) BY WHICH THE RESPONDENT HAS DIRECTED THE PETITIONER TO OBTAIN FURTHER ORDERS AND HAS OMITTED TO RECOGNIZE THE RIGHTS OF THE Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:50294 WP No. 20887 of 2024 PETITIONER AS A GUARDIAN OF MS.KAMINI KAMATH AND ETC., THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SURAJ GOVINDARAJ ORAL ORDER 1. Petitioner is before this Court seeking for the following reliefs: a. "Issue a writ of certiorari setting aside the letter dated 04.06.2024 bearing No.SPBB/GEN/2024-25, by the respondent (Annexure-A) by which the respondent has directed the petitioner to obtain further orders and has omitted to recognize the rights of the petitioner as a guardian of Ms.Kamini Kamath; b. Issue a writ of mandamus directing the respondent to permit the petitioner to free and unhindered access to the bank accounts of Ms.Kamini Kamath's, including her locker, fixed deposits, internet banking, cheque books, debit card and other banking facilities in exercise of his rights and obligation as a guardian in furtherance to the order dated 25.07.2018 in Misc.No.670/2017 passed by the LXV Additional City Civil and Sessions Judge (Annexure-'C');and c. Issue such other writ/s or pass such other order/s as this Hon'ble Court may deem fit in the facts and circumstances of the case in the interest of justice and equity." - 3 - HC-KAR NC: 2025:KHC:50294 WP No. 20887 of 2024 2. The petitioner in the above matter is seeking for free and unhindered access to the bank accounts of the mentally ill person by name Kamani Kamath including her locker, fixed deposits, internet banking, cheque books, debit card and other bank facilities and excise of his rights and obligations as guardian in furtherance to the order dated 25.07.2018 passed in Misc.No.630/2017 passed by the LXV Addl. City Civil and Sessions Judge, Bangalore City (CCH No.66). 3. The grievance of the petitioner is that despite the said order having been passed, respondent is not allowing access to the petitioner to operate the bank accounts of mentally ill person by name Kamini Kamath. 4. A perusal of the order passed in Misc.No.630/2017 indicates that the petitioner can withdraw ₹30,000 per month for the maintenance and upkeep of the mentally ill person and this amount is required to be - 4 - HC-KAR NC: 2025:KHC:50294 WP No. 20887 of 2024 transferred directly by the respondent to the institution and not for withdrawal by the petitioner. 5. Be that as it may. The said order does not make any mention as regards operating of the locker, fixed deposit, internet banking, cheque books or debit card. 6. The submission of the respondent is that there being two persons by name John Fernandez in the family, they are also not aware as to whether the petitioner is the same person in whose favour the aforesaid order in Misc.No.630 of 2017 has been passed. 7. In that view of the matter, there are several disputes as regards the extent of the amount that the petitioner can withdraw and the nature of operations of the bank account that the petitioner can resort to. This would have to be determined only by the Court which had passed the order in the said - 5 - HC-KAR NC: 2025:KHC:50294 WP No. 20887 of 2024 Misc.No.630/2017 and this Court cannot pass the orders which have been sought for by the petitioner. 8. Reserving liberty to the petitioner to approach the Court which had passed the order in Misc.No.630/2017, the petition stands dismissed. SD/- (SURAJ GOVINDARAJ) JUDGE SSD List No.: 1 Sl No.: 51