Kerala High Court
Firos P.K 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. 3791 OF 2024
PETITIONER:
FIROS P.K.
AGED 44 YEARS
S/O.MOHAMMED, POOZHIKUTH HOUSE, KARAT, MELAKKAM,
KARUVAMBRAM P.O, ERANAD TALUK, MALAPPURAM DISTRICT,
PIN - 676123
BY ADVS.
SIDHARTH O.
SUSANTH SHAJI
ALBIN A. JOSEPH
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 AIRTEL PAYMENTS BANK LTD
BHARATI CRESCENTS-1, NELSON MANDELA ROAD, VASANT
KUNJ, PHASE- II, NEW DELHI, REPRESENTED BY ITS
MANAGING DIRECTOR, PIN - 110070
4 STATION HOUSE OFFICER, KARUNAGAPALLY POLICE STATION
NH 66, NEAR CIVIL STATION, MAHE, KARUNAGAPPALLI,
KERALA, PIN - 690518
S.MANU - DSGI
GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
15.02.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 3791 OF 2024 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 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 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 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 his
contentions in this writ petition are left open and reserved to him, 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
MC/19.2
APPENDIX OF WP(C) 3791/2024
PETITIONER EXHIBITS
Exhibit P1 TRUE PHOTOSTAT COPY OF THE SCREENSHOT
DENYING ACCESS TO THE PETITIONERS ACCOUNT
IN THE ONLINE PORTAL OF THE 3RD RESPONDENT
Exhibit P2 TRUE PHOTOSTAT COPY OF THE COMPLAINT
DETAIL ISSUED BY THE 4TH RESPONDENT TO THE
3RD RESPONDENT
Exhibit P3 TRUE PHOTOSTAT COPY OF THE REPRESENTATION
DATED 24.01.2024 ISSUED BY THE PETITIONER
TO THE 3RD RESPONDENT
Exhibit P4 TRUE PHOTOSTAT COPY OF THE RECEIPT ISSUED
BY INDIA POST DATED 24.01.2024
Exhibit P5 TRUE PHOTOSTAT COPY OF THE REPRESENTATION
DATED 24.01.2024 SENT TO THE 2ND
RESPONDENT
Exhibit P6 TRUE PHOTOSTAT COPY OF THE RECEIPT ISSUED
BY INDIA POST DATED 24.01.2024
