Kerala High Court
The Kuttikkattoor Co-Operative Urban ... vs State Of Kerala 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. 36288 OF 2023
PETITIONER:
THE KUTTIKKATTOOR CO-OPERATIVE URBAN SOCIETY LIMITED
NO. D.2747, KUTTIKKATTOOR P.O, KOZHIKODE, REPRESENTED
BY ITS SECRETARY SHANI. M, PIN - 673008.
BY ADVS.R.SUDHISH
M.MANJU
PRASHANTH KUMAR G.C.
RESPONDENTS:
1 STATE OF KERALA, REPRESENTED BY THE SECRETARY,
HOME DEPARTMENT, GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM, PIN - 695001.
2 THE DIRECTOR GENERAL OF POLICE,
HARYANA STATE, HARYANA POLICE HEADQUARTERS,
SECTOR 6, PANCHKULA, JUDIAN, HARYANA, PIN - 134108.
3 STATION HOUSE OFFICER,
CYBER CRIME POLICE STATION, ROHTAK,
SECTOR 14, ROHTAK, HARYANA, PIN - 124001.
4 ZONAL MANAGER, ICICI LIMITED, ZONAL OFFICE,
NORTH KERALA, 2ND FLOOR, AARPEES ARCADE,
YMCA CROSS ROAD, KOZHIKODE, PIN - 673001.
5 ICICI BANK LIMITED, KUNNAMANGALAM BRANCH,
DEVAS BUILDING, 11/1C, NEAR MARKEZ, WAYANAD ROAD,
KUNNAMANGALAM, KOZHIKODE, REPRESENTED BY ITS BRANCH
MANAGER, PIN - 673571.
BY ADV.SRI.LAL K.JOSEPH,
SRI.SUNIL KUMAR KURIAKOSE, GP
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. 36288 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 their
account, and transact therein, beyond that
limit.
WP(C) NO. 36288 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 their contentions in this
WP(C) NO. 36288 OF 2023
Writ Petition are left open and reserved to
them, to impel in future.
Sd/-
DEVAN RAMACHANDRAN
JUDGE
akv
WP(C) NO. 36288 OF 2023
APPENDIX OF WP(C) 36288/2023
PETITIONER EXHIBITS
EXHIBIT P1 TRUE COPY OF THE COMPLAINT SUBMITTED
BY THE PETITIONER SOCIETY BEFORE THE
5TH RESPONDENT DATED 25.10.2023
EXHIBIT P2 TRUE COPY OF THE REPLY LETTER SENT BY
THE 5TH RESPONDENT DATED NIL
EXHIBIT P3 TRUE COPY OF THE INTERIM ORDER OF THIS
OF 2023 DATED 13.4.2023
EXHIBIT P4 COPY OF THE JUDGMENT OF THIS
HONOURABLE COURT DATED 25.8.2020 IN
W.P.(C) NO. 13548 OF 2020
EXHIBIT P5 TRUE COPY OF THE INTERIM ORDER OF THIS
HONOURABLE COURT IN W.P.(C) NO. 34104
OF 2023 DATED 16.10.2023
EXHIBIT P6 TRUE COPY OF THE INTERIM ORDER OF THIS
HONOURABLE COURT IN W.P.(C) NO. 34661
OF 2023 DATED 19.10.2023
