Indira Gandhi College Of Arts & ... vs State Of Kerala
2021 Latest Caselaw 15497 Ker

         IN THE HIGH COURT OF KERALA AT ERNAKULAM
                          PRESENT
        THE HONOURABLE MR. JUSTICE P.B.SURESH KUMAR
  FRIDAY, THE 23RD DAY OF JULY 2021 / 1ST SRAVANA, 1943
                  WP(C) NO. 12994 OF 2021
PETITIONER:

          INDIRA GANDHI INSTITUTE OF DENTAL SCIENCES
          A SELF FINANCE EDUCATION INSTITUTION, NELLIKUZHI
          (P.O), KOTHAMANGALAM, ERNAKULAM DISTRICT, PIN-
          686 691,   REPRESENTED BY ITS PRINCIPAL DR.
          JULIAN JOSE.
          BY ADVS.
          SHAJI CHIRAYATH
          JIJI M. VARKEY
          SAVITHA GANAPATHIYATAN
          M.M.SHAJAHAN
          BHOOMIKA SAJAN

RESPONDENTS:

    1     STATE OF KERALA
          REPRESENTED BY ITS DEPARTMENT OF HIGHER
          EDUCATION,      ROOM NO. 406, 4TH FLOOR, ANNEX
          II, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM,
          PIN-695001
    2     SCHEDULE CASTE/ SCHEDULE TRIBE DEVELOPMENT
          DEPARTMENT,
          GOVERNMENT OF KERALA, NANDAVANM, MUSEUM-
          NANDHAVANAM ROAD, VIKAS BHAVAN (P.O),
          THIRUVANANTHAPURAM DISTRICT,        PIN-695 033,
          REPRESENTED BY ITS DIRECTOR.
    3     COMMISSIONER FOR ENTRANCE EXAMINATIONS,
          5TH FLOOR, HOUSING BOARD BUILDINGS, SANTHI
          NAGAR, THIRUVANANTHAPURAM-695 001
 W.P.(C) No.12994 of 2021
& con. cases                   2



     4     STATE BANK OF INDIA,
           KOTHAMANGALAM BRANCH, PUKKUNNEL ENCLAVE, A.M.
           ROAD, KOTHAMANGALAM (P.O), ERNAKULAM DISTRICT,
           PIN-695 033.
     5     CSB BANK LIMITED,
           (FORMERLY THE CATHOLIC SYRIAN BANK LIMITED),
           KOTHAMANGALAM BRANCH, KOTHAMANGALAM (P.O),
           ERNAKULAM, PIN-695 033, REPRESENTED BY ITS
           BRANCH MANAGER.
           BY ADVS.
           M.JITHESH MENON - SC
           VINITHA B - GP
           MADHU RADHAKRISHNAN

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 23.07.2021, ALONG WITH WP(C).13582/2021 AND
CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
 W.P.(C) No.12994 of 2021
& con. cases                     3




           IN THE HIGH COURT OF KERALA AT ERNAKULAM
                             PRESENT
         THE HONOURABLE MR. JUSTICE P.B.SURESH KUMAR
   FRIDAY, THE 23RD DAY OF JULY 2021 / 1ST SRAVANA, 1943
                     WP(C) NO. 13582 OF 2021
PETITIONER:

           INDIRA GANDHI COLLEGE OF ARTS & SCIENCE
           A UNAIDED SELF FINANCE EDUCATION INSTITUTION,
           INDIRA NAGAR, NELLIKUZHI (P.O), KOTHAMANGALAM,
           ERNAKULAM DISTRICT,     PIN - 686691,
           REPRESENTED BY ITS PRINCIPAL C.V. THOMAS.
           BY ADVS.
           SHAJI CHIRAYATH
           JIJI M. VARKEY
           G.SAVITHA
           M.M.SHAJAHAN
           BHOOMIKA SAJAN
RESPONDENTS:

     1     STATE OF KERALA
           REPRESENTED BY ITS SECRETARY, DEPARTMENT OF
           HIGHER EDUCATION, ROOM NO. 406, 4TH FLOOR, ANNEX
           II, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM,
           PIN - 695001.
     2     SEHEDULE CASTE/SCHEDULE TRIBE DEVELOPMENT
           DEPARTMENT
           GOVERNMENT OF KERALA, NANDAVANAM, MUSEUM-
           NANDHAVANAM ROAD, VIKAS BHAVAN (P.O),
           THIRUVANANTHAPURAM DISTRICT,          PIN -
 W.P.(C) No.12994 of 2021
& con. cases                   4



           695033, REPRESENTED BY ITS DIRECTOR.
     3     STATE BANK OF INDIA
           KOTHAMANGALAM BRANCH, PUKKUNNEL ENCLAVE, A.M
           ROAD, KOTHAMANGALAM (P.O), ERNAKULAM, PIN -
           686690, REPRESENTED BY ITS BRANCH MANAGER.
     4     CSB BANK LIMITED
           (FORMERLY THE CATHOLIC SYRIAN BANK LIMITED),
           KOTHAMANGALAM BRANCH, KOTHAMANGALAM (P.O),
           ERNAKULAM DISTRICT, REPRESENTED BY ITS BRANCH
           MANAGER.
           BY ADVS.
           MADHU RADHAKRISHNAN
           NELSON JOSEPH
           M.D.JOSEPH JITHESH MENON, SC
           VINITHA B, GP

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 23.07.2021, ALONG WITH WP(C).12994/2021,
13614/2021 AND CONNECTED CASES, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
 W.P.(C) No.12994 of 2021
& con. cases                     5




           IN THE HIGH COURT OF KERALA AT ERNAKULAM
                             PRESENT
         THE HONOURABLE MR. JUSTICE P.B.SURESH KUMAR
   FRIDAY, THE 23RD DAY OF JULY 2021 / 1ST SRAVANA, 1943
                     WP(C) NO. 13614 OF 2021
PETITIONER:

           INDIRA GANDHI COLLEGE OF PARAMEDICAL SCIENCE
           A UNAIDED SELF FINANCE EDUCATION
           INSTITUTION,NELLUKUZHI(PO),
           KOTHAMANGALAM,ERNAKULAM DISTRICT,PIN-
           686691,REPRESENTED BY ITS PRINCIPAL BINI PAUL.
           BY ADVS.
           SHAJI CHIRAYATH
           JIJI M. VARKEY
           G.SAVITHA
           M.M.SHAJAHAN
           BHOOMIKA SAJAN
RESPONDENTS:

     1     STATE OF KERALA
           REPRESENTED BY ITS SECRETARY DEPARTMENT OF
           HIGHER EDUCTION,ROOM NO.406,4TH FLOOR,ANNEX
           II,GOVERNMENT SECRETARIAT,
           THIRUVANANTHAPURAM,PIN-695001.
     2     SCHEDULE CASTE/SCHEDULE TRIBE DEVELOPMENT
           DEPARTMENT,
           GOVERNMENT OF KERALA,NANDAVANAM,MUSEUM-
           NANDHAVANAM ROAD,VIKAS BHAVAN
           (PO),THIRUVANANTHAPURAM DISTRICT,     PIN-
 W.P.(C) No.12994 of 2021
& con. cases                   6



           695033,REPRESENTED BY ITS DIRECTOR.
     3     STATE BANK OF INDIA,
           KOTHAMANGALAM BRANCH,PUKKUNNEL
           ENCLAVE,A.M.ROAD,KOTHAMANGALAM(PO),ERNAKULAM,PIN
           -686691,
           REPRESENTED BY ITS BRANCH MANAGER.
     4     CSB BANK LIMITED,
           KOTHAMANGALAM BRANCH,KOTHAMANGALAM(PO),
           ERNAKULAM DISTRICT,PIN-686691,
           REPRESENTED BY ITS BRANCH MANAGER.
           BY ADVS.
           MADHU RADHAKRISHNAN
           NELSON JOSEPH
           M.D.JOSEPH
           JITHESH MENON, SC
           VINITHA B, GP

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 23.07.2021, ALONG WITH WP(C).13582/2021 AND
CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
 W.P.(C) No.12994 of 2021
& con. cases                     7




           IN THE HIGH COURT OF KERALA AT ERNAKULAM
                             PRESENT
         THE HONOURABLE MR. JUSTICE P.B.SURESH KUMAR
   FRIDAY, THE 23RD DAY OF JULY 2021 / 1ST SRAVANA, 1943
                     WP(C) NO. 13695 OF 2021
PETITIONER:

           INDIRA GANDHI INSTITUTE OF ENGINEERING &
           TECHNOLOGY
           A UNAIDED SELF FINANCE EDUCATION INSTITUTION,
           NELLIKUZHI (PO), KOTHAMANGALAM, ERNAKULAM
           DISTRICT, PIN- 686 691 REPRESENTED BY ITS
           PRINCIPAL DR.T.JUSTINE JOSE.
           BY ADVS.
           SHAJI CHIRAYATH
           JIJI M. VARKEY
           SAVITHA GANAPATHIYATAN
           M.M.SHAJAHAN
           BHOOMIKA SAJAN
RESPONDENTS:

     1     STATE OF KERALA
           REPRESENTED BY ITS DEPARTMENT OF HIGHER
           EDUCATION, ROOM NO.406, 4TH FLOOR, ANNEX II,
           GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, PIN
           - 695001.
     2     SCHEDULE CASTE/SCHEDULE TRIBE DEVELOPMENT
           DEPARTMENT
           GOVERNMENT OF KERALA, NANDAVANAM, MUSEUM-
 W.P.(C) No.12994 of 2021
& con. cases                   8



           NANDHAVANAM ROAD, VIKAS BHAVAN (PO),
           THIRUVANANTHAPURAM DISTRICT,          PIN - 695
           033 REPRESENTED BY ITS DIRECTOR.
     3     STATE BANK OF INDIA,
           KOTHAMANGALAM BRANCH, PUKKUNNEL ENCLAVE,
           A.M.ROAD, KOTHAMANGALAM (PO), ERNAKULAM
           DISTRICT, PIN - 695 033.
     4     CSB BANK LIMITED
           (FORMERLY THE CATHOLIC SYRIAN BANK LIMITED),
           KOTHAMANGALAM BRANCH, KOTHAMANGALAM (PO),
           ERNAKULAM DISTRICT, PIN - 68.
           BY ADVS.
           MADHU RADHAKRISHNAN
           M.D.JOSEPH
           JITHESH MENON,SC
           PRINCY XAVIER, GP

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 23.07.2021, ALONG WITH WP(C).13582/2021 AND
CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
 W.P.(C) No.12994 of 2021
& con. cases                     9




           IN THE HIGH COURT OF KERALA AT ERNAKULAM
                             PRESENT
         THE HONOURABLE MR. JUSTICE P.B.SURESH KUMAR
   FRIDAY, THE 23RD DAY OF JULY 2021 / 1ST SRAVANA, 1943
                     WP(C) NO. 13701 OF 2021
PETITIONER:

           KMP COLLEGE OF ENGINEERING
           A SELF FINANCE EDUCATION INSTITUTION,
           ASSAMANNOOR (P.O) , ERNAKULAM DISTRICT,PIN-685
           549 REPRESENTED BY ITS PRINCIPAL M.S RAVIKUMAR
           BY ADVS.
           SHAJI CHIRAYATH
           JIJI M. VARKEY
           SAVITHA GANAPATHIYATAN
           M.M.SHAJAHAN
           BHOOMIKA SAJAN

RESPONDENTS:

     1     STATE OF KERALA
           REPRESENTED BY ITS DEPARTMENT OF HIGHER
           EDUCATION, ROOM NO.406, 4TH FLOOR, ANNEX II,
           GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM,PIN-
           695 001
     2     SCHEDULE CASTE/SCHEDULE TRIBE DEVELOPMENT
           DEPARTMENT,
           GOVERNMENT OF KERALA, NANDAVANAM, MUSEUM-
           NANDHAVANAM ROAD, VIKAS BHAVAN (P.O)
           THIRUVANANTHAPURAM DISTRICT,PIN-695 033
 W.P.(C) No.12994 of 2021
& con. cases                  10



           REPRESENTED BY ITS DIRECTOR
     3     STATE BANK OF INDIA,
           ODAKKALI BRANCH, SN NAIR ARCADE, ASSAMANNOOR
           (PO) , ODAKKALI, ERNAKULAM DISTRICT,PIN-683 549
     4     CSB BANK LIMITED
           (FORMERLY THE CATHOLIC SYRIAN BANK LIMITED)
           KOTHAMANGALAM BRANCH, KOTHAMANGALAM (PO),
           ERNAKULAM DISTRICT,PIN-68
           BY ADVS.
           MADHU RADHAKRISHNAN
           JITHESH MENON, SC
           PRINCY XAVIER, GP

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 23.07.2021, ALONG WITH WP(C).13582/2021 AND
CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
 W.P.(C) No.12994 of 2021
& con. cases                          11



                       P.B.SURESH KUMAR, J.
         ---------------------------------------------------------
          W.P.(C) Nos.12994, 13582, 13614, 13695
                                    &
                            13701 of 2021
         ----------------------------------------------------------
             Dated this the 23rd day of July, 2021


                            JUDGMENT

The issues involved in these matters are one and

the same and as such, they are disposed of by this common

judgment.

2. The petitioners are self financing educational

institutions run by Indira Gandhi Memorial Trust, Neelikuzhi,

Kothamangalam. The tuition fees collected on behalf of the

petitioners by the Commissioner of Entrance Examinations,

Government of Kerala and the stipends and grants payable to W.P.(C) No.12994 of 2021

the petitioners by the various Government departments in

respect of the students belonging to Scheduled

Castes/Scheduled Tribes and other backward classes are being

deposited in the bank accounts maintained by the petitioners

with the Kothamangalam and Odakkali branches of State Bank

of India through the e-grantz portal of the State Government.

The Trust had availed substantial amounts by way of loans from

Kothamangalam branch of CSB Bank and when the said loan

accounts became non performing assets, CSB Bank instituted

proceedings against the Trust for realisation of the balance

outstanding in the loan accounts, before the Debts Recovery

Tribunal. It is alleged by the petitioners that though they want

to transfer the entire funds received by them in their bank

accounts with State Bank of India to the loan account of the

Trust in the CSB Bank, the State Bank of India is not permitting

them to do so. The petitioners, therefore, seek appropriate W.P.(C) No.12994 of 2021

directions to the State Bank of India to permit them to transfer

the amounts falling to their credit in the bank accounts

maintained by them to the loan account of the Trust in the

Kothamangalam branch of CSB Bank.

3. A statement has been filed by the State Bank

of India in W.P.(C) No.12994 of 2021 stating, among others, that

this court interdicted the petitioners from dealing with the

amounts falling to their credit in the bank accounts maintained

by them with the State Bank of India and it is on account of the

said reason that they are not permitting the petitioners to

transfer the outstanding balance in their accounts to CSB Bank.

4. Heard the learned counsel for the petitioners,

the learned counsel for the State Bank of India as also the

learned counsel for the CSB Bank.

5. The learned counsel for the CSB Bank

submitted that in the light of the various orders passed by the W.P.(C) No.12994 of 2021

Debts Recovery Tribunal in the proceedings initiated by the CSB

Bank against the Trust, the petitioners are not entitled to the

amounts falling to their credit in the bank accounts maintained

by them with the State Bank Of India for receiving the tuition

fees collected on their behalf by the Commissioner of Entrance

Examinations and the stipends and grants payable to them by

the various Government departments in respect of the students

belonging to Scheduled Castes/Scheduled Tribes and other

backward classes. The learned counsel for the petitioners does

not dispute the said fact. On the other hand, he pointed out

that the petitioners do not want to withdraw any amount

transferred to their accounts maintained at the branches of

State Bank of India and that they, in fact, seek directions to

State Bank of India to permit them to transfer the amounts in

their accounts to the loan account of the Trust in CSB Bank.

6. It is seen that in terms of the interim order W.P.(C) No.12994 of 2021

passed in W.P.(C) No.1927 of 2019 [Ext.R4(C) in W.P.(C)

No.12994 of 2021], this court interdicted the petitioners from

dealing with the amounts falling to their credit in the bank

accounts maintained by them with the State Bank of India. The

materials on record indicate that the said interim order was

intended to enable the CSB Bank to receive the amounts which

are credited to the bank accounts of the petitioners by the

Commissioner of Entrance Examinations and other

departments of the State Government. As such, Ext.R4(C)

interim order cannot be an impediment at all for M/s.State Bank

of India in permitting the petitioners to transfer the amounts

falling to their credit in the bank accounts maintained by them

in the State Bank of India, to the loan account of the Trust in

CSB Bank.

In the result, the writ petitions are disposed of

directing the Kothamangalam and Odakkali branches of State W.P.(C) No.12994 of 2021

Bank of India to permit the petitioners to transfer the amounts

lying in their credit in the bank accounts maintained by them in

the said branches, to the loan account of the Trust in the

Kothamangalam branch of the CSB Bank. It is made clear that

the petitioners will not be entitled to withdraw any amount from

the said accounts until they are so permitted by the Debts

Recovery Tribunal in the proceedings instituted by the CSB Bank

against the Trust.

Sd/-

P.B.SURESH KUMAR, JUDGE

PV W.P.(C) No.12994 of 2021

APPENDIX OF WP(C) 12994/2021

PETITIONER'S EXHIBITS Exhibit P1 COPY OF THE JUDGMENT IN WRIT PETITION (CIVIL) NO. 8636 OF 2020 ON THE FILES OF THIS HON'BLE COURT.

Exhibit P2 COPY OF THE ORDER IN INTERLOCUTORY APPLICATION NO. 599 OF 2019 IN ORIGINAL APPLICATION NO. 251 OF 2018 ON THE FILES OF DEBT RECOVERY TRIBUNAL, ERNAKULAM.

Exhibit P3 COPY OF THE JUDGMENT IN WRIT PETITION (CIVIL) NO. 1927 OF 2019 ON THE FILES OF THIS HON'BLE COURT 2019.

Exhibit P4 COPY OF THE JUDGMENT IN WRIT PETITION (CIVIL) NO. 14437 OF 2020 ON THE FILES OF THIS HON'BLE COURT.

RESPONDENTS' EXHIBITS

ANNEX.R4[A] TRUE COPY OF THE INTERIM ORDER PASSED BY THE HON'BLE DRT IN I A NO:1372, 1373/2018 DATED 02.06.2018.

ANNEX.R4[B] TRUE COPY OF THE INTERIM ORDER PASSED BY THE HON'BLE DRT IN I A NO:2677& 2680/2018 DATED 04.12.2018.

ANNEX.R4[C] TRUE COPY OF THE INTERIM ORDER IN WPC 1927/2019 DATED 25.01.2019 W.P.(C) No.12994 of 2021

APPENDIX OF WP(C) 13582/2021

PETITIONER'S EXHIBITS

Exhibit P1 COPY OF THE ACCOUNT STATEMENT OF E-

GRANTS SCHOLARSHIP FOR YEAR 2019-2020. Exhibit P2 COPY OF THE LETTER ISSUED BY THE 3RD RESPONDENT BANK/STATE BANK OF INDIA. Exhibit P3 COPY OF THE ORDER IN INTERLOCUTORY APPLICATION NO.599 OF 2019 IN ORIGINAL APPLICATION NO. 251/2016 ON THE FILES OF DEBT RECOVERY TRIBUNAL, ERNAKULAM. W.P.(C) No.12994 of 2021

APPENDIX OF WP(C) 13614/2021

PETITIONER'S EXHIBITS

Exhibit P1 COPY OF THE ACCOUNT STATEMENT OF E-

GRANTS SCHOLARSHIP FOR YEAR 2019-2020 Exhibit P2 COPY OF THE LETTER ISSUED BY THE 3RD RESPONDENT BANK/STATE BANK OF INDIA Exhibit P3 COPY OF THE ORDER IN INTERLOCUTORY APPLICATION NO.599 OF 2019 IN ORIGINAL APPLICATION NO.251 OF 2016 ON THE FILES OF DEBT RECOVERY TRIBUNAL,ERNAKULAM. W.P.(C) No.12994 of 2021

APPENDIX OF WP(C) 13695/2021

PETITIONER'S EXHIBITS

Exhibit P1 COPY OF THE ACCOUNT STATEMENT OF E-

GRANTS SCHOLARSHIP FOR YEAR 2019-2020. Exhibit P2 COPY OF THE LETTER ISSUED BY THE 3RD RESPONDENT BANK/STATE BANK OF INDIA. Exhibit P3 COPY OF THE ORDER IN INTERLOCUTORY APPLICATION NO.599 OF 2019 IN ORIGINAL APPLICATION NO.251 OF 2018 ON THE FILES OF DEBT RECOVERY TRIBUNAL, ERNAKULAM. W.P.(C) No.12994 of 2021

APPENDIX OF WP(C) 13701/2021

PETITIONER'S EXHIBITS

Exhibit P1 COPY OF THE LETTER ISSUED BY THE 3RD RESPONDENT BANK/STATE BANK OF INDIA Exhibit P2 COPY OF THE JUDGMENT IN WRIT PETITION (CIVIL) NO.1927 OF 2019 ON THE FILES OF THIS HON'BLE COURT