Kerala High Court
Ali Machingal vs Union Of India on 15 February, 2024
Author: Devan Ramachandran
Bench: Devan Ramachandran
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
THURSDAY, THE 15TH DAY OF FEBRUARY 2024 / 26TH MAGHA, 1945
WP(C) NO. 4840 OF 2024
PETITIONER:
ALI MACHINGAL, AGED 68 YEARS, S/O LATE MAMU,
CHAKKIYAPARAMBIL HOUSE, KANHIRAMUKKU,
MARANCHERI, MALAPPURAM, PIN - 679584
BY ADVS.
ALBIN A. JOSEPH
SUSANTH SHAJI
SIDHARTH O.
RESPONDENTS:
1 UNION OF INDIA, REPRESENTED BY THE SECRETARY,
MINISTRY OF FINANCE, NORTH BLOCK, NEW DELHI,
PIN - 110001
2 RESERVE BANK OF INDIA, REPRESENTED BY ITS, GENERAL
MANAGER BRANCH OFFICE BANERJI ROAD ERNAKULAM NORTH,
KOCHI, PIN - 691310
3 THE MANAGING DIRECTOR, ESAF SMALL FINANCE BANK,
ESAF BHAVAN, MANNUTHY P.O., THRISSUR, PIN - 680651
4 THE MANAGER, KARINKALLATHANI BRANCH, ESAF SMALL
FINANCE BANK, AP TOWER, PUTHANPALLI ROAD,
KANHIRAMUKKU P.O., KARINKALLATHANI, MALAPPURAM,
PIN - 679584
5 THE STATION HOUSE OFFICER, WAKAD POLICE STATION,
DATTA MANDIR RD, PRATHAM BUNGLOW SOCIETY, PIMPARI
CHINCHWAD POLICE COMMISSIONERATE , MAHARASHTRA,
PIN - 411057
BY ADVS.
B.S.SURESH KUMAR
ASHLEY JOHN(K/000719/2015)
RANJANA V.(K/001646/2000)
ANUSREE C.S.(K/1438/2021)
S.MANU - DSGI
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
15.02.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WPC 4840/24
2
JUDGMENT
The facts involved in this case are covered by the judgment of
this Court in Dr.Sajeer V. Reserve Bank of India [2024(1) KLT 826].
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 account of the petitioner, only
to the extent of the amounts mentioned in the order/requisition
issued to him by the Police Authorities. This shall be done forthwith,
so as to enable the petitioner to deal with his account, and transact
therein, beyond that limit.
(b) The respondent - Police Authorities concerned are hereby
directed to inform the Bank as to whether freezing of account 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 his
contentions in this Writ Petition are left open and reserved to him,
to impel in future.
Sd/-
RR DEVAN RAMACHANDRAN
JUDGE
APPENDIX OF WP(C) 4840/2024
PETITIONER EXHIBITS
Exhibit-P1 TRUE PHOTOSTAT COPY OF THE NOTICE DATED
02/12/2023 ISSUED BY THE 4TH RESPONDENT.
Exhibit-P2 TRUE PHOTOSTAT COPY OF THE REPRESENTATION
DATED 17/01/2024 ISSUED BY THE PETITIONER
TO THE 3RD AND 4TH RESPONDENTS.
Exhibit-P3 . TRUE PHOTOSTAT COPY OF THE POSTAL
RECEIPT ISSUED BY INDIA POST DATED
05/02/2024.
Exhibit-P4 TRUE PHOTOSTAT COPY OF THE REPRESENTATION.
DATED 17/01/2024 ISSUED TO THE 2ND
RESPONDENT
Exhibit-P5 TRUE PHOTOSTAT COPY OF THE POSTAL RECEIPT
ISSUED BY INDIA POST DATED 05/02/2024
