Madras HC Dismisses Plea to Access Frozen Savings Account, Cites Lack of Proof on Elderly Couple’s Mental Competence [Read Order]

The Madurai Bench of the Madras High Court has dismissed a writ petition filed by an elderly couple seeking access to funds held in a frozen savings account, citing the absence of verified proof regarding their mental competence.

The petition was filed by Karunanathan and his wife Susila against Tamil Nadu Grama Bank, challenging a communication dated 13.09.2024 by which the bank had declined their request to close their savings account and insisted on a court-appointed curator to proceed.

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The petitioners claimed that they had maintained several fixed deposits amounting to Rs. 16.76 lakhs, all of which had matured in 2023. Due to advanced age, they had authorised their son, K. Thiagaraja Marthandan, to approach the bank for withdrawal of the funds. However, the bank had allegedly declined to release the funds without a medical examination of the petitioners and unilaterally transferred the matured FD amounts into the petitioners’ savings account.

In response, the bank submitted that the fixed deposits were closed based on a requisition made by another son, K. Rajaram Marthandan. When bank officials attempted to verify the signatures on the withdrawal request, they found a mismatch and sought to confirm the petitioners' intent in person. During a visit to the petitioners' residence, the bank manager noted that they were unable to affix signatures or even thumb impressions, raising doubts about their mental and physical condition.

A medical practitioner was brought in by the family to assess the couple’s health. However, the doctor refused to issue a certificate of sound mental state. A later certificate dated 26.12.2023 only confirmed age-related ailments such as coronary artery disease and limb weakness, but again omitted any confirmation of mental competence.

The bank argued that in light of conflicting claims from the petitioners’ two sons and the failure to provide a valid mental fitness certificate, it was compelled to ask the family to obtain a formal court order appointing a curator to handle the funds. The bank further cited that no such application for appointment of a curator had been made, nor had the petitioners provided any documentary proof of their ability to manage the account themselves.

Justice Vivek Kumar Singh, after examining the medical documents and submissions, held that the bank’s actions were appropriate and found no illegality in the impugned communication.

In Conclusion, The writ petition was dismissed. No costs were awarded, and connected miscellaneous petitions were closed.

To Read the full text of the Order CLICK HERE

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