Kerala High Court
Sreekandan vs State Of Kerala on 26 August, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
THURSDAY, THE 26TH DAY OF AUGUST 2021 / 4TH BHADRA, 1943
WP(C) NO. 6094 OF 2021
PETITIONERS:
1 A.DAMODHARAN PILLAI, AGED 86 YEARS,
S/O.AYYAPPAN PILLAI, KIZHAKKUMKARA PUTHENVEEDU,
KUNDOOR, AYOOR P.O., AYOOR, EDAMULACKAL VILLAGE,
PUNALUR, KOLLAM DISTRICT.
2 D.ANILKUMAR, AGED 51 YEARS, S/O. DAMODHARAN PILLAI,
KIZHAKKUMKARA PUTHENVEEDU, KUNDOOR, AYOOR P.O., AYOOR,
EDAMULACKAL VILLAGE, PUNALUR, KOLLAM DISTRICT.
BY ADVS.GEORGE VARGHESE(PERUMPALLIKUTTIYIL)
SRI.A.R.DILEEP
SRI.P.J.JOE PAUL
SRI.MANU SRINATH
SRI.RAJAN G. GEORGE
RESPONDENTS:
1 RESERVE BANK OF INDIA, REPRESENTED BY CHIEF GENERAL
MANAGER, REGIONAL OFFICE, KOCHI,
ERNAKULAM NORTH-682018.
2 REGISTRAR OF CO-OPERATIVE SOCIETIES,
OFFICE OF THE REGISTRAR OF CO-OPERATIVE SOCIETIES,
JAWAHAR SAHAKARANA BHAVAN, DPI JUNCTION, THYCAUD P.O.,
THIRUVANANTHAPURAM-695014.
3 DISTRICT CO-OPERATIVE BANK, CHAMKKADA, KOLLAM,
KERALA-691001, REPRESENTED BY ITS MANAGER.
4 EDAMULACKAL SERVICE CO-OPERATIVE BANK LTD. NO.2047,
EDAMULACKAL P.O., ANCHAL, KOLLAM DISTRICT-691321,
REPRESENTED BY ITS SECRETARY.
5 BRANCH MANAGER, EDAMULACKAL SERVICE CO-OPERATIVE BANK
LTD. NO.2047, EDAMULACKAL BRANCH, EDAMULACKAL P.O.,
ANCHAL, KOLLAM DISTRICT-691321.
6 BRANCH MANAGER,
EDAMULACKAL SERVICE CO-OPERATIVE BANK LTD. NO.2047,
WP(C)NOs.6094/2021 & 17879/2020
-2-
AYOOR BRANCH, AYOOR P.O., KOLLAM DISTRICT-691533.
7 KERALA STATE CO-OPERATIVE BANK LTD.,
REPRESENTED BY ITS GENERAL MANAGER, OPPOSITE
COLLECTORATE, KOLLAM, KERALA-691013.
BY ADVS.SMT.C.S.SHEEJA
SRI.K.C.SANTHOSHKUMAR
SMT.K.K.CHANDRALEKHA
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 26.08.2021, ALONG WITH WP(C).17879/2020, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C)NOs.6094/2021 & 17879/2020
-3-
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
THURSDAY, THE 26TH DAY OF AUGUST 2021 / 4TH BHADRA, 1943
WP(C) NO. 17879 OF 2020
PETITIONERS:
1 SREEKANDAN, AGED 72 YEARS,
S/O. NANU PILLAI, SREESYLAM, EDAMULACKAL P.O.
KOLLAM DISTRICT - 691 306.
2 DEVI. V.S,
D/O. SREEKANDAN, SREESYLAM, EDAMULAKCAL P.O.
KOLLAM DISTRICT - 691 306.
3 PARVATHY V.S.,
D/O. SREEKANDAN,
SREESYLAM, EDAMULACKAL P.O.,
KOLLAM DISTRICT - 691 306.
BY ADV.SRI. MANOJ RAMASWAMY
RESPONDENTS:
1 STATE OF KERALA,
REPRESENTED BY THE SECRETARY TO GOVERNMENT,
CO-OPERATION DEPARTMENT, SECRETARIAT,
THIRUVANANTHAPURAM - 1.
2 THE JOINT REGISTRAR (GENERAL),
CO-OPERATION DEPARTMENT,
KOLLAM DISTRICT - 691 013.
3 THE PRESIDENT,
THE EDAMULACKAL SERVICE CO-OPERATIVE BANK LTD.
NO. 2047 , ANCHAL, KOLLAM DISTRICT - 691 306.
WP(C)NOs.6094/2021 & 17879/2020
-4-
4 THE EDAMULACKAL SERVICE CO-OPERATIVE BANK LTD.
NO. 2047, ANCHAL, KOLLAM DISTRICT - 691 306,
REPRESENTED BY ITS SECRETARY.
5 THE BRANCH MANAGER,
THE EDAMULACKAL SERVICE CO-OPERATIVE BANK LTD.
NO. 2047, EDAMULACKAL BRANCH, EDAMULACKAL,
KOLLAM DISTRICT - 691 533.
BY ADVS. SMT.C.S.SHEEJA
SRI.K.C.SANTHOSHKUMAR
SRI.P.C.SASIDHARAN, SC, KOLLAM DISTRICT CO-
OPERATIVE BANK LTD.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 26.08.2021, ALONG WITH WP(C).6094/2021, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C)NOs.6094/2021 & 17879/2020
-5-
JUDGMENT
[WP(C) Nos.6094/2021, 17879/2020]
The petitioners in these two cases - which
have been heard together on account of the
analogous nature of the facts pleaded and reliefs
sought for - are stated to be the members of the
"Edamulackal Service Co-operative Bank Ltd.
No.2047 (hereinafter referred to as 'the
Edamulackal Service Bank' for short); and they
allege that the amounts deposited by them in Fixed
Deposit Accounts, as also which are maintained in
their Savings Bank Accounts have not been
disbursed to them by the afore Bank, in spite of
the fact that they had made several requests for
the same and though the deposits have matured for
payment.
2. The petitioners say that most of them are
senior citizens and in urgent requirement for
WP(C)NOs.6094/2021 & 17879/2020
funds for their sustenance and to meet medical
expenses. They, therefore, pray that the
Edamulackal Service Bank be directed to pay them
the amounts available in the Savings Bank
Accounts, as also the proceeds of the Fixed
Deposits, within a short time frame to be fixed by
this Court.
3. I have heard Sri.A.R.Dileep - learned
counsel for the petitioners in W.P.(C)No.6094 of
2021; Smt.Jolima George - learned counsel
appearing for the petitioners in W.P.(C)No.17879
of 2020; Sri.P.C.Sasidharan - learned Standing
Counsel appearing for the Kerala State Co-
operative Bank Ltd.; Sri.K.C.Santhosh Kumar -
learned Standing Counsel, appearing for the
Edamulackal Service Bank and the learned Senior
Government Pleader - Smt.C.S.Sheeja, appearing on
behalf of the official respondent.
4. Interestingly, Sri.K.C.Santhosh Kumar -
WP(C)NOs.6094/2021 & 17879/2020
learned Standing Counsel for the Edamulackal
Service Bank, did not contest the claims of the
petitioners; and in fact, affirmed that amounts
are due to them, both in the Savings Bank Accounts
and also against matured Fixed Deposits.
5. The learned Standing Counsel submitted
that, however, his client is now going through
extreme financial crisis and thus unable to pay
off the amounts in the Fixed Deposits immediately,
though they are willing to pay substantial portion
of the amounts standing in credit in the name of
the petitioners in their Savings Bank Accounts. He
submitted that his client is also making earnest
efforts to approach the Kerala State Co-operative
Bank Ltd. ('Kerala Bank', for short) to withdraw
their Long Term Deposits with them; and thus
prayed that they be given at least six months'
time to honour the commitments to the petitioners
herein.
WP(C)NOs.6094/2021 & 17879/2020
6. However, Sri.P.C.Sasidharan - learned
Standing Counsel appearing for the Kerala Bank,
submitted that the total deposits with his client
from the Edamulackal Service Bank is
Rs.39,24,619/-, while their total liability is
Rs.3.84 crores, along with the interest. He
submitted that, therefore, it may not be possible
for the Kerala Bank to offer any assistance to the
Edamulackal Service Bank in any manner, since the
deposit amounts cannot be allowed to be withdrawn
by them.
7. Smt.C.S.Sheeja - learned Senior Government
Pleader, submitted that the official respondents
have no role to play at this stage, because the
claims of the petitioners will have to be honoured
by the Edamulackal Service Bank at the first
instance. She submitted that, if they fail to do
so, then the official respondents are willing to
take necessary action as per law, if this Court so
WP(C)NOs.6094/2021 & 17879/2020
directs them.
8. When I consider the afore submissions, it
is without doubt that the Edamulackal Service Bank
does not have a case against the petitioners'
claims. Obviously, therefore, they are obligated
to pay the amounts within the shortest time frame,
taking note of the fact that some of them are
senior citizens and in dire requirement of fiscal
resources.
Resultantly, I order these writ petitions in
the following manner:
(a) The petitioners are directed to
approach the Edamulackal Service Bank
within a period of one week from the
date of receipt of a copy this
judgment; in which event, at least
50% of the amounts standing in the
credit in their Savings Bank Accounts
WP(C)NOs.6094/2021 & 17879/2020
will be paid by the said Bank within
a period of one week thereafter.
(b) The Edamulackal Service Bank is
directed to pay the entire amounts
due to the petitioners in their
various Fixed Deposits - which have
now matured for payment, along with
the balance of the amounts standing
in the credit of their Savings Bank
Accounts, within a period of three
months from the date of receipt of a
copy of this judgment.
(c) The Edamulackal Service Bank is
at a liberty to approach any
Authority for the purpose of
garnering resources, but they shall
ensure that the payments are
completed in the manner as afore.
WP(C)NOs.6094/2021 & 17879/2020
(d) In the event the Edamulackal
Service Bank refuses or fails to make
payments as ordered in (a) and (b)
above, the jurisdictional Joint
Registrar of Co-operative Societies
will immediately initiate action
against them, including for sale of
their assets, to ensure that the
claims of the petitioners are
honoured without any avoidable delay,
but not later than three months from
the date on which the default is
committed by them.
These writ petitions are thus ordered.
Sd/-
DEVAN RAMACHANDRAN
JUDGE
akv
WP(C)NOs.6094/2021 & 17879/2020
APPENDIX OF WP(C) 6094/2021
PETITIONERS' EXHIBITS
EXHIBIT P1 A TRUE COPY OF THE FIXED DEPOSIT
RECEIPT NO.005853 DATED 29.3.2007 OF
THE 1ST PETITIONER.
EXHIBIT P2 A TRUE COPY OF THE FIXED DEPOSIT
RECEIPT NO.0010752 DATED 13.5.2008 OF
THE 1ST PETITIONER.
EXHIBIT P3 A TRUE COPY OF THE FIXED DEPOSIT
RECEIPT NO.0011879 DATED 15.6.2010 OF
THE 1ST PETITIONER.
EXHIBIT P4 A TRUE COPY OF THE FIXED DEPOSIT
RECEIPT NO.0027838 DATED 21.3.2014 OF
THE 1ST PETITIONER.
EXHIBIT P5 A TRUE COPY OF THE FIXED DEPOSIT
RECEIPT NO.0042791 DATED 21.6.2016 OF
THE 1ST PETITIONER.
EXHIBIT P6 A TRUE COPY OF BANK PASSBOOK OF THE 2ND
PETITIONER.
EXHIBIT P7 A TRUE COPY OF THE FIXED DEPOSIT
RECEIPT NO.016066 DATED 3.10.2012 OF
THE 2ND PETITIONER.
EXHIBIT P8 A TRUE COPY OF THE FIXED DEPOSIT
RECEIPT NO.00025034 DATED 23.1.2013 OF
THE 2ND PETITIONER.
EXHIBIT P9 A TRUE COPY OF THE FIXED DEPOSIT
RECEIPT NO.025169 DATED 28.3.2013 OF
THE 2ND PETITIONER.
WP(C)NOs.6094/2021 & 17879/2020
EXHIBIT P10 A TRUE COPY OF REPRESENTATION DATED
26.2.2021 ALONG WITH THE POSTAL RECEIPT
SUBMITTED BY THE 1ST PETITIONER BEFORE
RESPONDENTS 1 & 7.
EXHIBIT P11 A TRUE COPY OF REPRESENTATION DATED
23.2.2021 SUBMITTED BEFORE THE 3RD
RESPONDENT.
EXHIBIT P12 A TRUE COPY OF JUDGMENT DATED
10.10.2017 IN WP(C) NO.28803 OF 2017
PASSED BY THE HON'BLE HIGH COURT.
EXHIBIT P13 A TRUE COPY OF JUDGMENT DATED 7.12.2020
IN W.A.NO.1245 OF 2020 PASSED BY THE
HON'BLE HIGH COURT.
RESPONDENT'S/S EXHIBITS : NIL.
//TRUE COPY//
P.A. TO JUDGE
WP(C)NOs.6094/2021 & 17879/2020
APPENDIX OF WP(C) 17879/2020
PETITIONERS' EXHIBITS
EXHIBIT P1 TRUE COPY OF THE FIXED DEPOSIT RECEIPT
NO. 6442 ISSUED TO THE 1ST PETITIONER.
EXHIBIT P1 (A) TRUE COPY OF THE FIXED DEPOSIT RECEIPT
NO. 7623 ISSUED TO THE 1ST PETITIONER.
EXHIBIT P1 (B) TRUE COPY OF THE FIXED DEPOSIT RECEIPT
NO. 7707 ISSUED TO THE 1ST PETITIONER.
EXHIBIT P1 (C) TRUE COPY OF THE FIXED DEPOSIT RECEIPT
NO. 8054 ISSUED TO THE 1ST PETITIONER.
EXHIBIT P1 (D) TRUE COPY OF THE FIXED DEPOSIT RECEIPT
NO. 11767 ISSUED TO THE 1ST PETITIONER.
EXHIBIT P1 (E) TRUE COPY OF THE FIXED DEPOSIT RECEIPT
NO. 11768 ISSUED TO THE 1ST PETITIONER.
EXHIBIT P1 (F) TRUE COPY OF THE FIXED DEPOSIT RECEIPT
NO. 14847 ISSUED TO THE 1ST PETITIONER.
EXHIBIT P1 (G) TRUE COPY OF THE FIXED DEPOSIT RECEIPT
NO. 14848 ISSUED TO THE 1ST PETITIONER.
EXHIBIT P1 (H) TRUE COPY OF THE FIXED DEPOSIT VIDE NO.
FD.1/15482 ISSUED TO THE 1ST
PETITIONER.
EXHIBIT P1 (I) TRUE COPY OF THE FIXED DEPOSIT VIDE
NO.FD.1/15947 NO. 6442 ISSUED TO THE
1ST PETITIONER.
EXHIBIT P1 (J) TRUE COPY OF THE FIXED DEPOSIT VIDE
NO.FD.1/15948 ISSUED TO THE 1ST
PETITIONER.
EXHIBIT P1 (K) TRUE COPY OF THE FIXED DEPOSIT VIDE
WP(C)NOs.6094/2021 & 17879/2020
NO.FD.1/15949 ISSUED TO THE 1ST
PETITIONER.
EXHIBIT P2 TRUE COPY OF THE FIXED DEPOSIT RECEIPT
NO.14128 ISSUED TO THE 2ND PETITIONER.
EXHIBIT P2 (A) TRUE COPY OF THE FIXED DEPOSIT RECEIPT
NO.14129 ISSUED TO THE 2ND PETITIONER.
EXHIBIT P2 (B) TRUE COPY OF THE FIXED DEPOSIT RECEIPT
NO.14877 ISSUED TO THE 2ND PETITIONER.
EXHIBIT P3 TRUE COPY OF THE FIXED DEPOSIT RECEIPT
NO.12077 ISSUED TO THE 3RD PETITIONER.
EXHIBIT P3 (A) TRUE COPY OF THE FIXED DEPOSIT RECEIPT
NO.14878 ISSUED TO THE 3RD PETITIONER.
EXHIBIT P4 TRUE COPY OF THE PETITION
REPRESENTATION DATED 27.02.2020
SUBMITTED BY THE PETITIONERS BEFORE THE
4TH RESPONDENT.
RESPONDENT'S/S EXHIBITS : NIL.
//TRUE COPY//
P.A. TO JUDGE
