Sreekumar Sankara Pillai vs The Chief Postmaster General
2021 Latest Caselaw 17573 Ker

         IN THE HIGH COURT OF KERALA AT ERNAKULAM
                          PRESENT
        THE HONOURABLE MR. JUSTICE P.B.SURESH KUMAR
 THURSDAY, THE 26TH DAY OF AUGUST 2021 / 4TH BHADRA, 1943
                  WP(C) NO. 8520 OF 2021
PETITIONER:

          SREEKUMAR SANKARA PILLAI,
          AGED 60 YEARS, S/O. SANKARA PILLAI, C-412,
          LOKANGAN, OPP. P.M.C. BANK, GURUGOVINDA SINGH
          MARG, MULUND COLONY, MUMBAI-400 082, (NOW
          RESIDING AT SREEVALSAM VEEDU, PODIYADI P.O,
          THIRUVALLA-689 110
          BY ADVS.
          M.V.S.NAMPOOTHIRY
          SHRI.SHINTO THOMAS
          SMT.ARCHANA DIVAKARAN

RESPONDENTS:

    1     THE CHIEF POSTMASTER GENERAL,
          KERALA CIRCLE, OFFICE OF THE CHIEF POSTMASTER
          GENERAL, THIRUVANANTHAPURAM-695 033.
    2     THE HEAD POSTMASTER,
          HEAD POST OFFICE, THIRUVALLA DIVISION,
          THIRUVALLA- 689 101
    3     THE SUPERINTENDENT,
          POSTAL DIVISION, THIRUVALLA-689 101
    4     THE SUB POSTMASTER,
          VELIYANAD POST OFFICE, VELIYANAD-689 590
          BY ADV SMT.M.S.KIRAN
          SRI.P.VIJAYAKUMAR ASG
     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 26.08.2021, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
 W.P.(C) No.8520 of 2021                 2




                        W.P.(C) No.8520 of 2021
               -----------------------------------------------


                              JUDGMENT

Petitioner had two Recurring Deposit accounts at the

Sub Post Office, Veliyanad. On the expiry of the term of the

Recurring Deposit accounts, the petitioner was issued a

cheque by the Postal Department for a sum of Rs.11,16,795/-

towards the proceeds of the deposits. It is alleged by the

petitioner that the said cheque was lost from him and though

he has requested the respondents to issue a fresh cheque in

the place of the lost cheque, the request is not being

considered. The petitioner, therefore, seeks appropriate

directions in this regard in the writ petition.

2. Today, when this matter was taken up, the

learned counsel for the petitioner submitted that the cheque

issued by the Postal Department was in fact encashed by the

agent of the petitioner who is none other than the sister of the

petitioner and the writ petition happened to be filed on a

misunderstanding.

In the light of the submission made by the learned

counsel for the petitioner, this writ petition is closed.

Sd/-

P.B.SURESH KUMAR, JUDGE.

YKB

APPENDIX OF WP(C) 8520/2021

PETITIONER EXHIBITS EXHIBIT P1 TRUE COPY OF THE RECURRING DEPOSIT INSTALLMENT REPORT ISSUED BY THE SUB POSTMASTER, VELIYANAD POST OFFICE IN RESPECT TO A/C. NO. 8225447561 OF THE PETITIONER.

EXHIBIT P2 TRUE COPY OF THE RECURRING DEPOSIT INSTALLMENT REPORT ISSUED BY THE SUB POSTMASTER, VELIYANAD POST OFFICE IN RESPECT TO A/C. NO. 8225447585 OF THE PETITIONER.

EXHIBIT P3 TRUE COPY OF THE APPLICATION DATED 08.01.2021 SUBMITTED BY THE PETITIONER TO THE 2ND RESPONDENT AND ACKNOWLEDGED BY THE POSTMASTER.

EXHIBIT P4 TRUE COPY OF THE REPRESENTATION DATED 04.03.2021 SUBMITTED BY THE PETITIONER TO THE 3RD RESPONDENT.

RESPONDENTS EXHIBIT ANNEXURE R1(A) THE TRUE COPY OF THE EXTRACT WHICH NARRATES RULE 180 OF P AND T FINANCIAL HAND BOOK VOLUME 1 REGARDING LOSS OF CHEQUE ANNEXURE R1(B) THE TRUE COPY OF THE LETTER DATED 01.04.2021 ISSUED BY THE 2ND RESPONDENT TO SBI, THIRUVALLA