D. Sivaprakash vs The Canara Bank
2023 Latest Caselaw 1720 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
               THE HONOURABLE MR. JUSTICE SHAJI P.CHALY
    WEDNESDAY, THE 1ST DAY OF FEBRUARY 2023 / 12TH MAGHA, 1944
                        WP(C) NO. 1395 OF 2023
PETITIONERS:

    1     D. SIVAPRAKASH
          AGED 70 YEARS
          RESIDING AT
          FLAT NO. 125/6, MPT QUARTERS,
          VASCO, GOA, PIN - 403802
    2     K. BHAGYAMMA
          AGED 63 YEARS
          D/O. M.K. DIVAKARAPANICKER, RESIDING AT
          RAJ BHAVAN, MUTTAM P.O., KARTHIKAPALLY TALUK,
          ALAPPUZHA DISTRICT, PIN - 690511
    3     K. SREEKALA
          AGED 60 YEARS
          D/O. M.K. DIVAKARAPANICKER,
          RESIDING AT NISHA COTTAGE, THALIPARAMBU,
          KANNUR, PIN - 670141
          BY ADVS.
          C.K.SREEJITH
          KOZHIPURATH PRASEETHA GOPALAKRISHNAN
          MATHEW THOMAS
          BIBIN RAJAN
          KURIAKOSE K.M.
          BIDHUN RAJAN


RESPONDENTS:

    1     THE CANARA BANK
          KAYAMKULAM BRANCH
          NELSON COMPLEX, PUTHIYEDOM,
          KAYAMKULAM, IFSC CNRB0002320,
          REP.BY BRANCH MANAGER, PIN - 690502
    2     K. PRAKASHINI
          AGED 50 YEARS
          RESIDING AT MANI BHAVANAM,
          KUNNATHALUMMOODU, KRISHNAPURAM VILLAGE,
          KARTHIKAPPALLY TALUK,
          ALAPPUZHA DISTRICT, PIN - 690533
          BY ADVS.
          M.GOPIKRISHNAN NAMBIAR
          NAMITHA JYOTHISH
          GOPIKRISHNAN NAMBIAR M
 WP(C) NO. 1395 OF 2023
                                 2



            K.JOHN MATHAI(K/413/1984)
            JOSON MANAVALAN(J-526)
            KURYAN THOMAS(K/131/2003)
            PAULOSE C. ABRAHAM(MAH/58/2006)
            RAJA KANNAN(K/356/2008)


     THIS    WRIT   PETITION    (CIVIL)   HAVING   COME    UP    FOR
ADMISSION    ON   01.02.2023,   THE   COURT   ON   THE    SAME   DAY
DELIVERED THE FOLLOWING:
 WP(C) NO. 1395 OF 2023
                             3



                     JUDGMENT

The petitioners and the 2nd respondent namely K.

Prakashini are the legal heirs of one V.J. Kamalamma, who

died on 05.08.2012. Yet another legal heir of the said V.J.

Kamalamma is one Mr. Aswani Dev D, who is in an

unconscious stage due to a motor accident and he is

undergoing rehabilitation in Amritha Institute of Medical

Sciences at Ernakulam, as is evident from Ext.P1 certificate

dated 14.12.2022 issued by the said hospital. Ext. P2 is the

FIR registered by the Kayamkulam police in Crime No.

802/2022. According to the petitioners, the property

belonging to the petitioners and other legal heirs were

acquired by the Government for National Highway authority

and compensation has been received. The problem now

arises is; since the petitioners and 2 nd respondent have

given a power of attorney in the name of Mr. Aswani Dev D,

who is one of the legal heirs, the bank account is unable to

be operated, in order to meet his treatment expenses. It is

thus in the constraints circumstances, this writ petition is WP(C) NO. 1395 OF 2023

filed seeking the following relief;

" Issue writ of mandamus or such other writ or direction directing the 1st respondent permit these petitioners to meet the medical expense of Sri. Aswani Dev D. (from Account No. 2320101065442 holding by Sri. Aswani Dev D.) who is undergoing treatment in Amritha Institute of Medical Science, Ernakulam on furnishing necessary indemnity bond if required."

2. The first respondent Bank has filed a detailed

statement, wherein it is stated as follows;

" 4. At the outset it is submitted that where a bank account has an authorized nominee, the nominee may be permitted to operate the account, provided, the nominee submits an application seeking to operate the account along with a Medical Certificate from the hospital where the account holder is undergoing treatment, stating the medical condition of the account holder and such nominee is to be identified by two independent witnesses who can convince the Respondent bank of the identity of the nominee. However, the instant Account No. 2320101065442 held by the comatose patient (Sri. Aswani Dev .D) does not have an authorized nominee.

5. It is submitted that the account held by the comatose patient is without a nominee, the legal heirs of the patient may be permitted to operate the account, provided they submit an application to the Respondent bank seeking to operate the account. The application is WP(C) NO. 1395 OF 2023

to be accompanied with a Medical Certificate from the hospital where the account holder is undergoing treatment, stating the medical condition of the account holder. Further, if the account holder has more than one legal heir, a No Objection Certificate and an indemnity of the other legal heirs is also to be submitted along with the application. Therefore, the legal heirs of an account holder who is in a comatose state, would be permitted to operate the bank account provided the above procedures are followed.

6. Without prejudice to the above, it is submitted that an unidentified person claiming to be a relative of the account holder had made a complaint to the Respondent bank stating he had lost the ATM Card of the account holder. It is further submitted that several other persons have also approached the Respondent bank enquiring about details such as the balance and the operation of the account. However, none of such persons have produced any proof to establish their identity or their relationship with the account holder and therefore no credentials pertaining to the account have been disclosed by the Respondent bank to such persons."

3. However, the learned counsel for the bank

submitted that, if a direction is issued by this Court to

furnish sufficient security in favour of the bank to release

the money, the bank would oblige the directions.

4. I have heard Sri.Sreejith, learned counsel for the WP(C) NO. 1395 OF 2023

petitioners as well as Sri. M. Gopikrishnan Nambiar, the

learned Standing Counsel for the bank, and perused the

pleadings and material on record.

5. The learned counsel for the petitioners submitted

that to produce a legal heirship certificate before the bank,

it would take some time, since an enquiry is contemplated

as per the revenue manual. However, a relationship

certificate can be provided to the bank along with an

indemnity bond undertaking to compensate the bank in the

event of any damages suffered by the bank and also to

produce the legal heirship certificate as and when it is

received. There is no much objection raised by the learned

Standing Counsel for the bank to the said suggestion put

forth by the petitioners.

6. In that view of the matter, this writ petition is

disposed of, directing the petitioners and 2 nd respondent to

submit a joint representation before the bank along with the

relationship certificate, an indemnity bond undertaking to

compensate the bank, if any loss is suffered by the bank on WP(C) NO. 1395 OF 2023

account of the operation of the bank account of Mr. Aswani

Dev D, and also to produce the legal heirship certificate as

and when it is received. The bank is directed to do the

necessary enabling the petitioners and the 2nd respondent

to operate the bank account within a week from the date of

production of the documents specified above.

The writ petition is allowed as above.

Sd/-

SHAJI P.CHALY

JUDGE

LU WP(C) NO. 1395 OF 2023

APPENDIX OF WP(C) 1395/2023

PETITIONER EXHIBITS :

EXHIBIT P1 THE TRUE COPY OF THE CERTIFICATE ISSUED BY THE AMRITHA INSTITUTE OF MEDICAL SCIENCE DT. 14/12/2022 EXHIBIT P2 THE TRUE COPY OF THE FIR REGISTERED BY THE KAYAMKULAM POLICE STATION AS CRIME NO.802/2022 EXHIBIT P3 THE TRUE COPY OF THE POWER OF ATTORNEY EXECUTED BY THE PETITIONER AND THE 2ND RESPONDENT IN FAVOUR OF SRI. ASWANI DEV D

// True Copy // PA To Judge