Writ petition seeking direction to respondents to change nominee name for terminal benefits and deposits of a deceased staff nurse, to be used for her minor children in petitioner's custody. Court held that custody claims and benefit withdrawals cannot be decided via Article 226 and directed party to approach civil court. Petition disposed of.
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W.P.(MD).No.18880 of 2024
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 05.08.2024
CORAM:
THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR
W.P(MD)No.18880 of 2024
M.Mariappan ... Petitioner
Vs.
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W.P.(MD).No.18880 of 2024
PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the respondents 1 to 5 to dispose the representation filed by the petitioner dated 16.02.2024 for change of name of nominee on the file of the respondents in accordance with law and procedures in force.
For Petitioner : Mrs.S.Bhuvaneswari For R1 : Mr.S.Shaji Bino Special Government Pleader For R4 : Mr.Shanmugaraja Sethupathy For R5 : K.Govindarajan Deputy Solicitor General of India
O R D E R
The present Writ Petition has been filed seeking a Mandamus as against
the respondents to dispose of the representation given by the writ petitioner
for changing the name of nominee on the file of the respondents.
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W.P.(MD).No.18880 of 2024
2. The petitioner's sister, who was working as a Staff Nurse in the first
respondent Medical College and Hospital, was murdered by her husband, who is alleged a mentally challenged person. After the murder, the father is confined to the Central Prison and three minor children are under the custody of the writ petitioner.
3. According to the learned counsel appearing for the writ petitioner, the terminal benefits of the deceased sister are lying in the hands of the first respondent, the deposits made by the deceased sister are lying in the hands of the respondents 2, 3 and 5 and the deceased sister has taken a policy with the fourth respondent/Life Insurance Corporation.
4. According to the learned counsel appearing for the writ petitioner, since all the three children are in his custody, the nomination has to be altered in the name of the writ petitioner. So that, he would be entitled to receive those benefits for the better up-keeping of the three minor children.
5. The facts narrated above would clearly indicate that the writ petitioner is seeking the custody of the three children and he wants to receive
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W.P.(MD).No.18880 of 2024
the benefits from all the respondents. Such an order could not be passed by this Court under Article 226 of the Constitution of India. The petitioner is at liberty to approach the appropriate civil Court for getting custody of the children and for receipt of the benefits from the respondents herein.
of. There shall be no order as to costs.
05.08.2024
NCC : Yes/No Index : Yes / No Internet : Yes / No ebsi
To
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W.P.(MD).No.18880 of 2024
R.VIJAYAKUMAR,J.
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W.P(MD)No.18880 of 2024
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2 issues framed by the court
Whether the High Court can issue a Writ of Mandamus to direct change of nominee name for withdrawal of terminal benefits and deposits.
Whether the petitioner is entitled to claim custody of children and associated benefits via writ jurisdiction.
1 provisions across 1 enactments
M.Mariappan
The Dean, The Principal Office, Tirunelveli Medical College & Hospital
The Branch Manager, Regional Office, Indian Overseas Bank
The Branch Manager, The Repatriates Co-operative Finance & Development Bank Limited
The Branch Manager, Life Insurance Corporation of India
India Post Payments Bank Limited
R.Vijayakumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
