N P Safiya vs State Bank Of India, Thalasserry Branch
2023 Latest Caselaw 12450 Ker

Kerala High Court

N P Safiya vs State Bank Of India, Thalasserry Branch on 22 November, 2023

Author: Devan Ramachandran

Bench: Devan Ramachandran

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
          THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
  WEDNESDAY, THE 22ND DAY OF NOVEMBER 2023 / 1ST AGRAHAYANA, 1945
                       WP(C) NO. 36498 OF 2023
PETITIONER:

          N P SAFIYA, AGED 52 YEARS,
          W/O ABDUL BASHEER, EVELYN, O.V ROAD,
          THALASSERY, KANNUR, PIN - 670101.

          BY ADV T.T.SHANIBA


RESPONDENTS:

    1     STATE BANK OF INDIA, THALASSERRY BRANCH
          GUNDERT ROAD, THALASSERRY,KANNUR,
          REPRESENTED BY ITS MANAGER, PIN - 670101.

    2     THE MANAGER, STATE BANK OF INDIA,
          THALASSERRY BRANCH, GUNDERT ROAD,
          THALASSERRY, KANNUR, PIN - 670101.

          BY ADV.SRI.JITHESH MENON, SC


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
22.11.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 36498 OF 2023
                                 -2-

                            JUDGMENT

The facts involved in this case are covered

by the judgment of this Court in

W.P.(C).No.12960/2023 and connected matters.

Since the learned counsel for the parties are

ad idem on this, I allow this writ petition in

terms of the said judgment.

Consequently, I order this Writ Petition

with the following directions:

(a) The respondent Bank arrayed in this

case, is directed to confine the order of freeze

against the accounts of the petitioner, only to

the extent of the amounts mentioned in the

order/requisition issued to them by the Police

Authorities. This shall be done forthwith, so as

to enable the petitioner to deal with her

account, and transact therein, beyond that

limit.

WP(C) NO. 36498 OF 2023

(b) The respondent - Police Authorities

concerned are hereby directed to inform the Bank

as to whether freezing of accounts of the

petitioner in this Writ Petition will require to

be continued even in the afore manner; and if

so, for what further time, within a period of

eight months from the date of receipt of a copy

of this judgment.

(c) On the Bank receiving the afore

information/intimation from the Police

Authorities, they will adhere to the same and

complete necessary action - either continuing

the freeze for such period as mentioned therein;

or withdrawing it, as the case may be.

(d) If, however, no information or

intimation is received by the Bank in terms of

directions (b) above, the petitioner will be at

full liberty to approach this Court again; for

which purpose, all her contentions in this Writ WP(C) NO. 36498 OF 2023

Petition are left open and reserved to her, to

impel in future.

(e) I, however, clarify that this judgment

will apply to every requisition received by the

Bank from any Police Authority, whether it be

single or multiple, and the fees will be

confined to all such amounts.

Sd/-

DEVAN RAMACHANDRAN JUDGE akv WP(C) NO. 36498 OF 2023

APPENDIX OF WP(C) 36498/2023

PETITIONER EXHIBITS

EXHIBIT P1 A TRUE COPY OF THE ACCOUNT STATEMENT FOR THE PERIOD 01.03.23 TO 03.10 .23

EXHIBIT P2 A TRUE COPY OF THE LETTER DATED 07.10.2023 ISSUED BY THE PETITIONER

EXHIBIT P3 A TRUE COPY OF THE LETTER DATED 11.10.2023 BY THE FIRST RESPONDENT

EXHIBIT P4 A TRUE COPY OF THE JUDGMENT DATED 25.09.2023 IN THE MATTER OF DR SAJEER V. RESERVE BANK OF INDIA REPORTED IN 2023 KHC ONLINE 661