K.S.Janardhanan vs Pattanakkad Service ...
2021 Latest Caselaw 4428 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                               PRESENT

          THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V

     MONDAY, THE 08TH DAY OF FEBRUARY 2021 / 19TH MAGHA,1942

                      WP(C).No.10924 OF 2020(M)


PETITIONERS:

      1        K.S.JANARDHANAN
               AGED 60 YEARS
               S/O.SREENIVASAN EMBRAN, 'SWASTI,
               PATTANAKKAD.P.O, CHERTHALA, ALAPPUZHA.

      2        KAVERI
               AGED 54 YEARS
               W/O.K.S.JANARDHANAN, 'SWASTI, PATTANAKKAD.P.O,
               CHERTHALA, ALAPPUZHA

      3        KAVYA.J
               AGED 25 YEARS
               D/O.K.S.JANARDHANAN, SWASTI, PATTANAKKAD.P.O,
               CHERTHALA, ALAPPUZHA.

      4        SURESH
               AGED 47 YEARS
               S/O.BALAKRISHNA BHATT, SOUPARNIKA,
               PATTANAKKAD.P.O, CHERTHALA, ALAPPUZHA.

               BY ADV. SRI.B.PRAMOD

RESPONDENTS:

      1        PATTANAKKAD SERVICE CO-OPERATIVE BANK LTD. NO.1144,
               PATTANAKKAD.P.O., CHERTHALA, REP. BY ITS SECRETARY-
               688531

      2        THE SECRETARY
               PATTANAKKAD SERVICE CO-OPERATIVE BANK LTD NO.1144,
               PATTANAKKAD.P.O, CHERTHALA, ALAPPUZHA,
               PIN-688531

               R1-2 BY ADV. SRI.T.R.HARIKUMAR
               R1-2 BY ADV. SRI.ARJUN RAGHAVAN

     THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD            ON
08.02.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.10924 OF 2020                 2




                                  JUDGMENT

The 1st petitioner is the husband of the 2nd petitioner. The 3rd

petitioner is their daughter. The 4th petitioner is the brother of the 2nd

petitioner. The petitioners contend that they have deposited money in the

1st respondent bank as is evident from Ext.P1 to P16 fixed deposit receipts.

The 1st petitioner is also maintaining a savings bank account with the 1st

respondent bank. The grievance of the petitioners concerns the refusal of

the respondents to release the amounts lying in fixed deposits and in the

savings bank account. It is in the afore circumstances that they have

approached this Court seeking the following reliefs:

i) Issue a writ of mandamus or any other appropriate writ

order or direction commanding the respondents to release to

the petitioners the amounts due under Ext.P1 to Ext.P16 F.D.

receipts with the agreed interest.

ii) Issue a writ of mandamus or any other appropriate writ

order or direction commanding the 1st respondent to release

to the 1st petitioner the amount due under savings deposit

account covered by Ext.P18 passbook.

2. I have heard Sri. B.Pramod, the learned counsel appearing for

the petitioners and Sri. T.R.Harikumar, the learned counsel appearing for the

respondent bank.

3. Sri. B. Pramod, the learned counsel submitted that Exts.P1 to

P16 fixed deposits would show that the petitioners herein have deposited

money in the bank from the year 2006 and though the deposits have

attained majority, the amounts are not being released despite their fervent

request. He would further contend that the 1st petitioner was maintaining

a savings bank account and a sum of about 2 lakhs is lying in the said

account. Insofar as the 4th petitioner is concerned, his father Balakrishna

Bhat had deposited the amount and since he has expired, the 2nd petitioner

being the nominee is entitled to get the money released to her.

4. Sri. T.R.Harikumar, the learned counsel submits that the bank

was unable to refund the amount due to financial crunch caused due to the

misappropriation of huge sums by the former secretary and some other

employees. It is submitted that the bank is now in a position to refund the

amount in instalments.

5. I have considered the submissions advanced. Exts.P1 to P16

are the copies of deposit receipts issued in the name of the petitioners as

well as Sri. Balakrishna Bhat,the father of the 2nd petitioner. Ext.P18 is the

copy of the passbook maintained by the 1st petitioner in the respondent

bank.

6. Having regard to the submission of the learned standing

counsel, I am of the considered opinion that the amounts due with lawful

interest as on date can be ordered to be returned in eight equal monthly

instalments.

7. In the result, this writ petition is disposed of directing the

respondents to calculate the amount due to the petitioners and covered

under Exts.P1 to P16 and P18 with agreed interest as on date and furnish a

statement within a period of ten days from today.

8. The respondents shall then pay the amounts due to the

petitioners in eight equal monthly instalments; the first of which shall

commence on 1.3.2021. Since these directions are being issued based on

the undertaking given by the respondents, they shall make the payment as

directed above without fail.

The petitioners shall produce a copy of the writ petition along with a

copy of this judgment, Ext.P1 to P16 and P18 before the respondents for

further action.

Sd/-

RAJA VIJAYARAGHAVAN V

JUDGE ps

APPENDIX PETITIONER'S/S EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE FD RECEIPT DATED 04.12.2006 FOR RS.50,000/-

EXHIBIT P2 TRUE COPY OF THE FD RECEIPTS DATED 28.09.2011 FOR RS.2,88,000/-

EXHIBIT P3 TRUE COPY OF THE FD RECEIPT DATED 14.08.2012 FOR RS.90,000/-

EXHIBIT P4 TRUE COPY OF THE FD RECEIPTS (2 NOS.) DATED 12.12.2013 FOR RS.1,00,000/-

EXHIBIT P5 TRUE COPY OF THE FD RECEIPT DATED 04.12.2006 FOR RS.90.000/-

EXHIBIT P6 TRUE COPY OF THE FD RECEIPT DATED 30.05.2014 FOR RS.50,000/-

EXHIBIT P7 TRUE COPY OF THE FD RECEIPT DATED 04.12.2006 FOR RS.85,000/-

EXHIBIT P8 TRUE COPY OF THE FD RECEIPT DATED 12.01.2009 FOR RS.32,000/-

EXHIBIT P9 TRUE COPY OF THE FD RECEIPT DATED 16.01.2012 FOR RS.65,000/-

EXHIBIT P10 TRUE COPY OF THE F.D RECEIPTS(2 NOS.) DATED 20.08.2013 FOR RS.1,15,000/-

EXHIBIT P11 TRUE COPY OF THE FD RECEIPT DATED 06.12.2013 FOR RS.60,000/-

EXHIBIT P12 TRUE COPY OF THE FD RECEIPT DATED 02.02.2015 FOR RS.50,000/-

EXHIBIT P13 TRUE COPY OF THE F.D RECEIPT DATED 24.12.2012 FOR RS.50,000/-

EXHIBIT P14 TRUE COPY OF THE FD RECEIPT DATED 26.09.2014 FOR RS.50,000/-

EXHIBIT P15 TRUE COPY OF THE FD RECEIPT DATED 24.10.2014 FOR RS.50,000/-

EXHIBIT P16 TRUE COPY OF THE FD RECEIPT DATED 09.09.2014 FOR RS.55,000/-

EXHIBIT P17 TRUE COPY OF THE DEATH CERTIFICATE OF BALAKRISHNA BHATT

EXHIBIT P18 TRUE COPY OF THE PASS BOOK OF THE 1ST PETITIONER

EXHIBIT P19 TRUE COPY OF THE ANNUAL REPORT OF THE SOCIETY FOR THE YEAR 2018-19

EXHIBIT P20 TRUE COPY OF THE JUDGMENT DATED 26.08.2016 IN WP(C) NO.22530/2016

EXHIBIT P21 TRUE COPY OF THE JUDGMENT DATED 07.10.2016 IN WP(C)NO.31621/2016

RESPONDENTS' EXHIBITS:

NIL