N ELANGATHIR Vs. MANAGER INDIAN BANK KANCHEEPURAM

JUDGEMENT

(1.) THIS writ petition has been filed by the petitioner under Article 226 of the Constitution of India, seeking an order in the nature of writ of mandamus, directing the respondents to consider the representation of the petitioner, dated 19.04.2007 and pass appropriate orders.

(2.) THE petitioner herein has averred that his maternal uncle, Late Natarajan, who was employed in the Neyveli Lignite Corporation at Neyveli had deposited a huge amount with the respondents 1 to 11 and he has further stated that the said Natarajan died issueless and he executed a Will in favour of the petitioner herein. Based on the Will, the petitioner has claimed right for the amount deposited with the respondents 1 to 11.

(3.) DIRECTLY filing this writ petition, seeking a direction against the respondents, based on a Will, which has not been established is not legally sustainable. It is also the duty of the petitioner to implead the rival claimants, namely the close relatives of the deceased, who are entitled to claim right to the property in the absence of the Will.