P.R.Nalinaksha Kurup vs The Branch Manager, Syndicate Bank
2024 Latest Caselaw 10600 Ker

Citation : 2024 Latest Caselaw 10600 Ker
Judgement Date : 11 April, 2024

Kerala High Court

P.R.Nalinaksha Kurup vs The Branch Manager, Syndicate Bank on 11 April, 2024

Author: P Gopinath

Bench: P Gopinath

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
                THE HONOURABLE MR. JUSTICE GOPINATH P.
    THURSDAY, THE 11TH DAY OF APRIL 2024 / 22ND CHAITHRA, 1946
                       WP(C) NO. 20622 OF 2018
PETITIONER:

          P.R.NALINAKSHA KURUP,
          AGED 75 YEARS,
          MANAGING TRUSTEE, GEETHABHAVAN TRUST, ANGAMALY,
          ERNAKULAM, PIN - 683 572.
          BY ADVS.
          SMT.LATHA ANAND
          SRI.JOSEPH SEBASTIAN PARACKAL
          SRI.K.R.PRAMOTH KUMAR
          SRI.M.N.RADHAKRISHNA MENON
          SRI.S.VISHNU ARIKKATTIL


RESPONDENTS:

    1     THE BRANCH MANAGER, SYNDICATE BANK,
          ANGAMALY BRANCH, 20/149, JANANTHA BUILDING,
          CHURCH JUNCTION, ANGAMALY, ERNAKULAM, PIN - 683 572.
    2     MOHAN MATHEW,
          PANICHICKAL HOUSE, V.C KANNAN ROAD, CHILAVANOOR,
          KADAVANTHRA, ERNAKULAM, PIN - 682 020.
          BY ADVS.

          SRI.R.S.KALKURA
          SRI.LAL K.JOSEPH


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
11.04.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 20622 OF 2018
                                  2



                          JUDGMENT

This writ petition was filed by the Managing Trustee of

the Geethabhavan Trust, which owns and manages the

Vidyadhiraja Vidyabhavan Senior Secondary School, Mekkad,

Angamaly. The 2nd respondent was the former Principal of the

School. He along with certain others were jointly operating

Account No.43132200007350 with the erstwhile Syndicate

Bank, Angamaly Branch (now Canara Bank). After the 2 nd

respondent resigned from the post of Principal on 30.09.2017,

he had refused to execute the necessary documents to enable

others to operate the account. The petitioner has therefore

approached this Court seeking the following reliefs:-

a)To direct the 1st respondent to substitute the 2nd respondent with the present principal of the Vidyadhiraja Vidyabhavan Senior Secondary School, Mekkad, Angamaly as the authorized to maintain Account No.43132200007350.

b)To direct the 1st respondent to issue a letter to the 2nd respondent, a letter cancelling his authorization to operate Account No.43132200007350.

WP(C) NO. 20622 OF 2018

2. When this matter is taken up for consideration

today, it is the submission of the learned counsel appearing for

the 2nd respondent that the 2nd respondent has no objection in

persons authorized by the Trust operating the aforesaid bank

account.

In the light of the above submission, this writ petition

will stand disposed of directing the 1st respondent to act upon

further instructions / authorizations that may be produced

before it by persons duly authorized by the Trust, in

accordance with relevant instructions applicable in the case

but, without insisting on the execution of any further document

by the 2nd respondent.

The writ petition is disposed of as above.

Sd/-

GOPINATH P. JUDGE DK WP(C) NO. 20622 OF 2018

PETITIONER EXHIBITS EXHIBIT P1. COPY OF STATEMENT OF ACCOUNT. EXHIBIT P2. COPY OF THE AUDITED BALANCE SHEET OF THE TRUST FOR THE FINANCIAL YEAR ENDING 31.03.2016.

EXHIBIT P3. COPY OF THE AUDITED BALANCE SHEET OF THE TRUST FOR THE FINANCIAL YEAR ENDING 31.03.2017.

EXHIBIT P4. COPY OF THE ACKNOWLEDGMENT OF INCOME TAX RETURNS FOR THE ASSESSMENT YEAR 2016-2017.

EXHIBIT P5. COPY OF THE ACKNOWLEDGMENT OF INCOME TAX RETURNS FOR THE ASSESSMENT YEAR 2017-2018.

EXHIBIT P6. COPY OF THE LETTER DATED 11.08.2017 ISSUED BY THE PETITIONER TO THE 2ND RESPONDENT.

EXHIBIT P7. COPY OF THE LETTER DATED 17.08.2017 ISSUED BY THE 2ND RESPONDENT.

EXHIBIT P8. COPY OF THE LETTER DATED 13.02.2018 ISSUED BY MRS. K.RADHABAI KUNJAMMA TO THE IST RESPONDENT.

EXHIBIT P9. COPY OF THE LETTER DATED 16.02.2018 ISSUED BY THE PETITIONER TO THE IST RESPONDENT.

EXHIBIT P10. COPY OF THE LETTER DATED 16.02.2018 ISSUED BY THE PETITIONER TO THE IST RESPONDENT.

EXHIBIT P10 TRUE COPY OF THE MINUTES OF THE MEETING DATED 04.03.2017 EXHIBIT P11 TRUE COPY OF LETTER DATED 6.3.2017 SENT BY THE PETITIONER TO THE MANAGER, DHANLAKSHMI BANK EXHIBIT P12 TRUE COPY OF APPLICATION DATED 22.06.2017 SUBMITTED BY THE 2ND RESPONDENT TO THE PETITIONER EXHIBIT P13 TRUE COPY OF MINUTES OF MEETING DATED 30.03.2019 EXHIBIT P14 TRUE COPY OF JUDGMENT DATED 29.05.2018 IN CRL.M.C.NO.515/2018 EXHIBIT P15 TRUE COPY OF ORDER DATED 16.01.2018

WP(C) NO. 20622 OF 2018

EXHIBIT P16 TRUE COPY OF LETTER DATED 17.08.2015 ISSUED BY THE 2ND RESPONDENT RESPONDENTS EXHIBITS EXHIBIT R2(A) TRUE COPY OF THE CHARGE SHEET IN C.C 1106/16 PENDIGN BEFORE THE FIRST CLASS JUDICIAL MAGISTRATE, ANGAMALY EXHIBIT R2(B) TRUE COPY OF THE AFFIDAVIT IN O.S.NO.20/17 FILED BY ONE OF THE FOUNDER TRUSTEE AGAINST THE PETITIONER ANNEXURE R1 (A) TRUE COPY OF THE APPLICATION SUBMITTED BY MOHAN MATHEW AND K.RADHA BHAI KUNJAMMA ANNEXURE R1 (B) TRUE COPY OF THE DECLARATION INDIVIDUALLY GIVEN BY MOHAN MATHEW IN FORM 60 ANNEXURE R1 (C) TRUE COPY OF THE DECLARATION INDIVIDUALLY GIVEN BY K.RADHA BHAI KUNJAMMA IN FORM 60 ANNEXURE R1 (D) TRUE COPY OF THE STATEMENT OF ACCOUNTS KEPT BY THE BANK IN THE NAME OF MOHAN MATHEW AND K.RADHA BHAI KUNJAMMA IN RESPECT OF SAVINGS BANK ACCOUNT NO.43132200007350