- (1.) The petitioners in this art.226 petition dated February 4, 2011 are seeking the following principal relief: "a) A writ in the nature of Mandamus by directing the respondent no.1, the Post Master, Kestopur Post Office, Pin Code No.700 102 under Post and Telegraph Deptt., Govt. of India to disburse the estate of the deceased, Jayati Dutta in favour of your petitioners in accordance with Succession Certificate dated 08.04.2010 granted by the Court of Learned District Delegate, North 24 Parganas, Barasat in favour of them."
(2.) As heirs and legal representatives of one Jayati Dutta who had monthly income scheme and savings accounts with the Kestopur Post Office in the district North 24 Parganas the petitioners obtained a succession certificate (at p.16) dated April 8, 2010 from the Court of the District Delegate, North 24 Parganas at Barasat. In the schedule to the certificate the total amount in the three accounts was mentioned as Rs.6,15,351.
(3.) Producing the succession certificate the petitioners through their lawyer called upon the postmaster concerned to pay them the amounts in the three accounts with interest payable upto the date of payment. By a letter dated October 24, 2010 the Sub Postmaster, Krishnapur informed the third petitioner as follows. "This is to inform you that as per Rule of this department only the nominee is entitled to take payment of the amount deposited by the deceased A/C holder. As per records of this officer, nomination exists in the instant case. Hence, your claim (other than nominee) cannot be entertained.";