Citation : 2023 Latest Caselaw 9216 Ker
Judgement Date : 23 August, 2023
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
WEDNESDAY, THE 23RD DAY OF AUGUST 2023 / 1ST BHADRA, 1945
WP(C) NO. 28034 OF 2023
PETITIONER/S:
BALU S NAIR, AGED 41 YEARS
S/O. SURENDRAN BALU BHAVAN, VALIYAKADU,
MITHIRMALA P.O, KALLARA, THIRUVANANTHAPURAM, PIN
- 695608
BY ADVS.
M.R.SARIN
M.R.SASITH
P.SANTHOSHKUMAR (KARUMKULAM)
PARVATHI KRISHNA
LEKSHMI S.R
ANJU THOMAS.M
RAJITHA V.K
BHAVANA K.K
SAUMYA.P.S
RESPONDENT/S:
1 KERALA STATE ROAD TRANSPORT CORPORATION KSRTC
REPRESENTED BY THE, MANAGING DIRECTOR, TRANSPORT
BHAVAN, THIRUVANANTHAPURAM, PIN - 695001
2 THE ASSISTANT GENERAL MANAGER
SBI REGION IV (P&E), LHO THIRUVANANTHAPURAM,, PIN
- 695012
3 THE MANAGER
SBI KILIMANOOR BRANCH, KILIMANOOR P.O,
THIRUVANANTHAPURAM, PIN - 695601
4 THE MANAGER
SBI KALLARA BRANCH, KALLARA P.O,
THIRUVANANTHAPURAM, PIN - 695608
OTHER PRESENT:
SHRI.DEEPU THANKAN, SC, KSRTC,
SRI.JITHESH MENON, SC, SBI
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
23.08.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
-2-
W.P.(C). No. 28034 of 2023
P.V.KUNHIKRISHNAN, J.
======================================================
W.P.(C) No. 28034 of 2023
=============================================================
Dated this the 23rd day of August, 2023
JUDGMENT
The above writ petition is filed with following prayers:
"[i] To issue a writ in the nature of mandamus or any other appropriate writ, order or direction commanding the 2 to 4 respondents to permit the petitioner to operate the petitioner's account bearing no 00000067090156759 maintained in the 4th respondent Kallara branch.
[ii] To issue a writ in the nature of mandamus or any other appropriate writ, order or direction commanding the 2nd respondent to consider and dispose the ExtP6 representation within a time limit framed by this Honble High court.
[iii ]To issue a writ in the nature of mandamus or any other appropriate writ, order or direction commanding the 4 th respondent to consider and dispose the Ext P2 representation within a time limit framed by this Honble High court
[iv] To dispense with the filing of translation of vernacular documents.
[v] To Issue such other writ, order or directions which are deemed to be fit and proper on the basis of the facts and circumstances of this case; in the interest of justice." (sic)
W.P.(C). No. 28034 of 2023
2. When this writ petition came up for consideration, the
counsel for the petitioner, after arguing for some time, submitted that
the petitioner will be satisfied if a direction is issued to the 4 th
respondent to consider Ext.P2 within a time frame.
3. Heard the Standing Counsel appearing for respondents 2
to 4 and the counsel appearing for the 1st respondent.
4. After hearing both sides, I think this writ petition itself can
be disposed of directing the 4th respondent to consider Ext.P2 within a
time frame, after giving an opportunity of hearing to the petitioner.
Therefore, this writ petition is disposed of in the following
manner:
1.The 4th respondent is directed to consider and pass appropriate orders in Ext.P2, after giving an opportunity of hearing to the petitioner, as expeditiously as possible, at any rate, within one month from the date of receipt of a certified copy of this judgment.
W.P.(C). No. 28034 of 2023
2. The petitioner will produce a stamped certified copy of this judgment together with a copy of this writ petition before the 4th respondent for compliance.
sd/-
P.V.KUNHIKRISHNAN JUDGE das
W.P.(C). No. 28034 of 2023
APPENDIX OF WP(C) 28034/2023
PETITIONER EXHIBITS Exhibit P1 THE TRUE COPY DEMAND NOTICE ISSUED BY THE AUTHORIZED OFFICER OF THE 3RD RESPONDENT BANK TO THE PETITIONER ON 12.5 2022 Exhibit P2 . THE TRUE COPY OF REPRESENTATION LETTER FILED BY THE PETITIONER BEFORE THE 4 TH RESPONDENT DATED ON 14.10.2022 Exhibit P3 . THE TRUE COPY OF NOTICE ISSUED BY ADVOCATE M.SHAJUDEEN TO THE 3RD RESPONDENT DATED ON 02.05.2023 Exhibit P4 THE TRUE COPY OF ACCOUNT STATEMENT OF THE PETITIONER'S ACCOUNT BEARING NO 00000067090156759 FROM 13 .05.2022 TO 29.4.2023 ISUED BY THE MANAGER DATED 17.8.2023 Exhibit P5 THE TRUE COPY OF THE PETITIONER'S SALARY SLIPS FOR JUNE 2023 ISSUED BY THE 1ST RESPONDENT DATED 10.7.2023 Exhibit P6 THE TRUE COPY OF REPRESENTATION LETTER FILED BY THE PETITIONER BEFORE THE 2ND RESPONDENT DATED ON 26.7.2023
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