T.P.Kaladharan vs The Joint Registrar (General)
2021 Latest Caselaw 8342 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                  PRESENT

               THE HONOURABLE MR. JUSTICE SUNIL THOMAS

     FRIDAY, THE 12TH DAY OF MARCH 2021 / 21ST PHALGUNA, 1942

                       WP(C).No.4539 OF 2021(N)


PETITIONERS:

      1        T.P.KALADHARAN
               AGED 65 YEARS
               S/O. PURUSHOTHAMAN, KODUVELITHARA HOUSE,
               PATTANAKKAD P.O., CHERTHALA-688 531,
               ALAPPUZHA DISTRICT.

      2        K.P.BEENA
               AGED 60 YEARS
               W/O. T.P.KALADHARAN, KODUVELITHARA HOUSE,
               PATTANAKKAD P.O., CHERTHALA-688 531,
               ALAPPUZHA DISTRICT.

               BY ADVS.
               SHRI.JOHN VARGHESE
               SRI.A.L.GEORGE

RESPONDENTS:

      1        THE JOINT REGISTRAR (GENERAL)
               OFFICE OF THE JOINT REGISTRAR (GENERAL),
               CO-OPERATIVE DEPARTMENT, ALAPPUZHA-688 524.

      2        PATTANAKKAD SERVICE CO-OPERATIVE BANK LTD.NO.1144
               PATTANAKKAD P.O., CHERTHALA, ALAPPUZHA-688 531,
               REPRESENTED BY ITS SECRETARY.

      3        THE SECRETARY
               PATTANAKKAD SERVICE CO-OPERATIVE BANK LTD.NO.1144,
               PATTANAKKAD P.O., CHERTHALA, ALAPPUZHA-688 531.

               R2-3 BY ADV. SRI.T.R.HARIKUMAR
               R2-3 BY ADV. SRI.ARJUN RAGHAVAN

OTHER PRESENT:

               SR.GP K.P HARISH

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
12.03.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.4539 OF 2021(N)

                                 2




                           JUDGMENT

Dated this the 12th day of March 2021

The learned counsel for the petitioner had deposited

substantial amount with 3rd respondent-Co-operative Bank

evidenced by Ext. P2 series. Some amounts are in deposit

in the SB account evidenced by Ext.P1. According to the

petitioner, though the Fixed Deposits had matured, the

amount has not been released. He requires the money for

meeting the urgent medical requirements.

2. When the matter was taken up, the learned

Standing Counsel appearing for the 2nd and 3rd respondents

submitted that, the total amount due is Rs. 2,95,000/-

which the bank is ready to pay at least in 10 installments.

3. Having heard both sides, I am inclined to direct

that the entire amount covered by Exts. P1 and P2 series

shall be paid to the petitioner with accrued interest in eight

equal monthly installments commencing from 20.04.2021. WP(C).No.4539 OF 2021(N)

If default is committed by the bank, the petitioner will be

free to recover the amounts by due process of law.

The writ petition is disposed of.

                                               (Sd/-)

                                            SUNIL THOMAS,
         LU                                    JUDGE
 WP(C).No.4539 OF 2021(N)






                           APPENDIX
   PETITIONER'S/S EXHIBITS:

   EXHIBIT P1          TRUE COPY OF THE STATEMENT IN SAVINGS

BANK ACCOUNT NO.7979 OF THE IST PETITIONER.

EXHIBIT P2 TRUE COPY OF THE FIXED DEPOSIT RECEIPT NO.22472 DATED 25.7.2011 OF THE 2ND PETITIONER.

EXHIBIT P3 TRUE COPY OF THE FIXED DEPOSIT RECEIPT NO.22473 DATED 25.7.2011 OF THE 2ND PETITIONER.

EXHIBIT P4 TRUE COPY OF THE FIXED DEPOSIT RECEIPT NO.22547 DATED 30.7.2011 OF THE 2ND PETITIONER.

EXHIBIT P5 TRUE COPY OF THE FIXED DEPOSIT RECEIPT NO.22548 DATED 30.7.2011 OF THE 2ND PETITIONER.

EXHIBIT P6 TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONERS BEFORE THE 3RD RESPONDENT DATED 8.2.2021.

EXHIBIT P7 TRUE COPY OF THE ACKNOWLEDGEMENT CARD SIGNED BY THE 3RD RESPONDENT ON 11.2.2021.

EXHIBIT P8 TRUE COPY OF THE JUDGMENT DATED 19.6.2020 IN WPC NO.8365/2020 OF THIS HON'BLE COURT.

// True Copy // PA To Judge