Kerala High Court
K. Indiradevi vs State Bank Of India Sbi on 6 February, 2024
Author: Devan Ramachandran
Bench: Devan Ramachandran
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
TUESDAY, THE 6TH DAY OF FEBRUARY 2024 / 17TH MAGHA, 1945
WP(C) NO. 3779 OF 2024
PETITIONERS:
1 K. INDIRADEVI, AGED 65 YEARS
W/O P.ASOKAN, RESIDING AT FLAT NO.5E PANJOS GARDENS,
PAVOOR ROAD, EDAPPALLY P.O, KOCHI, PIN - 682024
2 K.SYAM KUMAR, AGED 45 YEARS
S/O P.ASOKAN, RESIDING AT FLAT NO.5E PANJOS GARDENS,
PAVOOR ROAD, EDAPPALLY P.O, KOCHI, PIN - 682024
BY ADVS.
R.SURAJ KUMAR
SUNIL J.CHAKKALACKAL
N.G.SINDHU
ANJANA R.S.
FARZA N.
RESPONDENT:
STATE BANK OF INDIA SBI
REPRESENTED BY THE BRANCH MANAGER PERSONAL BANKING
BRANCH SUBHASH CHANDRA BOSE ROAD JAWAHAR NAGAR,
KADAVANTHRA, KOCHI, PIN - 682020
BY ADV S.MANU
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
06.02.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 3779 OF 2024
2
JUDGMENT
The petitioners say that they are the sole legal heirs of
late P.Ashokan, who had retired after serving as
Superintendent in the Central Excise; but that they have been
denied access to his accounts maintained by the first
respondent - State Bank of India. They, therefore, pray that the
respondent be directed to block the accounts of P.Ashokan as
an interim measure; and finally allow them to access it and use
its proceeds, without any legal impediment.
2. However, Sri.S.Manu - learned standing counsel for the
respondent, responded to the afore arguments of the
petitioners, as voiced by their learned counsel -
Smt.N.G.Sindhu, saying that a statement has been filed by him,
wherein, his client has explained that there are five accounts in
the name of late Sri.P.Ashokan; but that four of it are in "joint
or Survivor" status between him and Smt.Lakshmi Menon;
while in the fifth - which is a savings account - Smt.Lakshmi
Menon has been shown as the nominee. He submitted that,
therefore, his client has no role to play in the controversy now
sought to be projected by the petitioners and that they must
WP(C) NO. 3779 OF 2024
invoke other remedies as are available.
3. In reply, Smt.N.G.Sindhu submitted that the averments
in the statement filed on behalf of the Bank are not correct and
that there is "no possibility" of late Ashokan opening an
account, either in the name of Smt.Lakshmi Menon, or showing
her as a joint holder or nominee. She submitted that there
appears to have been manipulation in the accounts; and
therefore, sought liberty for her client to invoke appropriate
remedies, including before this Court, arraying the
aforementioned Smt.Lakshmi Menon. She, however, prayed
that the Bank be directed to disclose the details of Smt.Lakshmi
Menon to her client, so as to array her as a respondent; and
prayed that this writ petition be ordered on such terms.
4. Sri.S.Manu responded to the afore request, saying that
if the petitioners only require the address of the
aforementioned Smt.Lakshmi Menon as available in his client's
records, it can be made available to them; and that for this, an
application may be directed to be made by them.
In the afore circumstances, I dispose of this writ petition
with the following directions:
WP(C) NO. 3779 OF 2024
(a) The petitioners will be at liberty to approach the
respondent for the address of the aforementioned Smt.Lakshmi
Menon; and if this is done, the same shall be made available to
them by its competent Authority forthwith.
(b) On the petitioners receiving the information as afore,
they will be at liberty to invoke every other appropriate remedy,
including before this Court through a fresh writ petition; for
which purpose, all rival contentions are left open.
In order to enable the petitioners to do as afore, I order
that the interim order granted by this Court will continue to be
in force for a period of two weeks from this date.
Sd/- DEVAN RAMACHANDRAN
JUDGE
stu
WP(C) NO. 3779 OF 2024
APPENDIX OF WP(C) 3779/2024
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE DEATH CERTIFICATE OF SRI.
P ASHOKAN ISSUED BY THE KOCHI MUNICIPAL
CORPORATION DATED 12.01.2024
Exhibit P2 TRUE COPY OF THE CONCERNED PAGE OF THE
SERVICE BOOK
Exhibit P3 TRUE COPY OF THE CONCERNED PAGE OF THE
SERVICE BOOK
Exhibit P4 TRUE COPY OF THE CONCERNED PAGE OF THE
SERVICE BOOK
Exhibit P5 TRUE COPY OF THE CONCERNED PAGE OF THE
SERVICE BOOK
Exhibit P6 TRUE COPY OF THE REPRESENTATION DATED
12.01.2024
