Kerala High Court
Chithra Kumar vs Reserve Bank Of India No.6507 on 1 March, 2023
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE SHAJI P.CHALY
WEDNESDAY, THE 1ST DAY OF MARCH 2023 / 10TH PHALGUNA, 1944
WP(C) NO. 17850 OF 2022
PETITIONERS:
1 CHITHRA KUMAR,
AGED 59 YEARS,
D/O P.V. GANAPATHY, RESIDING AT TC 11/2136,
C-15, KANAKA NAGAR, THIRUVANANTHAPURAM - 695 002.
2 P.G. LAKSHMI,
AGED 53 YEARS, D/O. P.V. JANAKI,
RESIDING AT TC 11/2136, C-15, KANAKA NAGAR,
THIRUVANANTHAPURAM - 695 002.
BY ADVS.
P.C.HARIDAS
P.S.GOVIND
RESPONDENTS:
1 RESERVE BANK OF INDIA NO.6507,
BAKERY JCT RD, NANDAVANAM, PALAYAM,
THIRUVANANTHAPURAM - 695 033.
REPRESENTED BY ITS REGIONAL DIRECTOR
2 STATE BANK OF INDIA,
VELLAYAMBALAM BRANCH, SREERAM BUILDINGS,
VELLAYAMBALAM JUNCTION,
THIRUVANANTHAPURAM - 695 010.
REPRESENTED BY ITS BRANCH MANAGER.
BY ADV JAWAHAR JOSE,SC
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
01.03.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C).No.17850 of 2022
:2:
SHAJI P. CHALY, J.
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W.P.(C).No.17850 of 2022
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Dated this the 1st day of March, 2023
JUDGMENT
This writ petition is filed by the petitioners who are children of one
late Sri.P.V.Ganapathy and late Smt.P.V.Janaki, who passed away on
20.01.2021 and 09.02.2021 respectively. According to the petitioners,
they are the only legal heirs of the aforesaid persons. On their death,
petitioners decided to have the locker maintained by the deceased with
the 2nd respondent bank closed. However, the same was resisted by the
bank authorities stating that petitioners had not secured any letters of
administration or succession from the competent court of law or authority,
as per Ext.P9 letter dated 10.03.2022. The case put forth by the
petitioners is that, they have produced the Legal Heirship Certificate
issued by the Tahsildar, Taluk Office, Thiruvananthapuram, evident from
Ext.P4 dated 16.10.2021 and has also offered an indemnity bond to the
bank. However, no action was initiated which persuaded the petitioners to
approach this Court by filing this writ petition.
2. A detailed counter affidavit is filed by the 2nd respondent bank
refuting the allegations and also maintaining the stand with respect to the
production of the letters of administration or a succession certificate. As
per the policy of the bank, the bank is not liable to permit the petitioners
to close the locker, is also the contention.
W.P.(C).No.17850 of 2022
3. The question with respect to the dispute raised by the bank was
considered in W.P.(C).No.2665/2023 and has rendered a judgment dated
14.02.2023, wherein it is held that on production of legal heir certificate
and executing sufficient documents to protect the interest of the bank,
the petitioners therein shall be permitted to operate the locker.
4. I am informed by the learned Standing Counsel for the bank that
in the presence of the petitioners and bank officials, the locker was
opened and Ext.P8 inventory is also prepared.
5. Therefore, after having heard the learned counsel for the
petitioners, Sri.P.C.Haridas and learned Standing Counsel for the Bank,
Sri.Jawahar Jose and perusing the pleadings and materials on record, the
writ petition is disposed of directing the 2nd respondent bank to permit the
petitioners to close the locker on the basis of Ext.P4 legal heirship
certificate, and on the petitioners executing an indemnity bond in favour
of the bank undertaking to compensate the bank, if and when any loss is
suffered by the bank.
This writ petition is disposed of as above.
Sd/-
SHAJI P. CHALY, JUDGE
ak
W.P.(C).No.17850 of 2022
APPENDIX OF WP(C) 17850/2022
PETITIONERS' EXHIBITS:-
Exhibit P1 TRUE COPY OF THE LETTER DATED 10.02.2022
ISSUED BY THE PETITIONER TO THE 2ND
RESPONDENT.
Exhibit P2 TRUE COPY OF THE DEATH CERTIFICATE DATED
24.01.2021 PERTAINING TO P.V. GANAPATHY
ISSUED BY THE SUB REGISTRAR BIRTHS AND
DEATHS, THIRUVANANTHAPURAM MUNICIPAL
CORPORATION.
Exhibit P3 TRUE COPY OF THE DEATH CERTIFICATE DATED
17.02.2021 PERTAINING TO P.V. JANAKI
ISSUED BY THE SUB REGISTRAR BIRTHS AND
DEATHS, THIRUVANANTHAPURAM MUNICIPAL
CORPORATION.
Exhibit P4 TRUE COPY OF THE LEGAL HEIR CERTIFICATE
DATED 16.10.2021 ISSUED BY THE
TAHSILDAR, TALUK OFFICE,
THIRUVANANTHAPURAM.
Exhibit P5 TRUE COPY OF THE POWER OF ATTORNEY DATED
04.03.2021 EXECUTED BY PETITIONERS 2 AND
3 IN FAVOUR OF THE 1ST PETITIONER.
Exhibit P6 TRUE COPY OF THE LETTER OF DISCLAIMER
EXECUTED BY THE PETITIONERS IN FAVOUR OF
THE 2ND RESPONDENT.
Exhibit P7 TRUE COPY OF THE LETTER OF INDEMNITY
EXECUTED BY THE PETITIONERS IN FAVOUR OF
THE 2ND RESPONDENT.
Exhibit P8 TRUE COPY OF THE INVENTORY DATED
28.01.2022 PREPARED BY THE 2ND
RESPONDENT ON OPENING OF THE LOCKER OF
THE PETITIONERS' PARENTS.
Exhibit P9 TRUE COPY OF THE LETTER DATED 10.03.2022
ISSUED BY THE 2ND RESPONDENT TO THE 1ST
PETITIONER.
Exhibit P10 TRUE COPY OF THE RESERVE BANK CIRCULAR
BEARING NO. RPCD.CO.RF.BC
NO.95/07.38.01/ 2006-07 DATED
18.05.2007.
W.P.(C).No.17850 of 2022
RESPONDENTS' EXHIBITS:-
Exhibit R2(a) TRUE COPY OF THE CIRCULAR DATED
18/08/2021 ISSUED BY THE RESERVE BANK OF
INDIA.
Exhibit R2(b) TRUE COPY OF THE GUIDELINES DATED
20/01/2022 ISSUED BY THE STATE BANK OF
INDIA.
