Ratheesh .R vs Kerala Bank
2024 Latest Caselaw 5985 Ker

Kerala High Court

Ratheesh .R vs Kerala Bank on 23 February, 2024

Author: Devan Ramachandran

Bench: Devan Ramachandran

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
          THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
    FRIDAY, THE 23RD DAY OF FEBRUARY 2024 / 4TH PHALGUNA, 1945
                        WP(C) NO. 7217 OF 2024
PETITIONER:

          RATHEESH .R, AGED 38 YEARS
          /O RAMACHANDRAN, AGED 38 YEARS, LALITHA VILASOM,
          EZHAKKONAM, VATTAVILA P.O, CHENKAL VILLAGE,
          NEYYATTINKARA, THIRUVANANTHAPURAM, PIN - 695132

          BY ADVS.
          V.G.ARUN (K/795/2004)
          V.JAYA RAGI
          R.HARIKRISHNAN (KAMBISSERIL)
          NEERAJ NARAYAN



RESPONDENTS:

    1     KERALA BANK, ARUVIPPURAM BRANCH, NEYYATTINKARA,
          THIRUVANANTHAPURAM REPRESENTED BY ITS CHIEF EXECUTIVE
          OFFICER, PIN - 695126

    2     THE CHIEF EXECUTIVE OFFICER
          KERALA BANK, KERALA STATE CO-OPERATIVE BANK,
          REGIONAL OFFICE, P.B.NO. 5122, THIRUVANANTHAPURAM,
          PIN - 695023

    3     GENERAL MANAGER
          KERALA BANK, KERALA STATE CO-OPERATIVE BANK,
          EAST FORT, FORT P.O, THIRUVANANTHAPURAM, PIN - 695023

          SRI. THOMAS ABRAHAM, SC FOR R1 TO R3




     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
23.02.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 7217 OF 2024
                                  2


                             JUDGMENT

The petitioner makes a limited plea that Ext.P4

representation be directed to be taken up and disposed of by

the third respondent, within a time frame to be fixed by this

Court.

2. Sri.Thomas Abraham - learned standing counsel, in

response to the afore submission of the learned counsel for the

petitioner, submitted that, if the petitioner only requires Ext.P4

to be taken up and disposed of by the third respondent, there

does not appear to be any legal impediment in doing so;

however, praying that this Court may not make any affirmative

declarations and leave it to the said Authority to take an

apposite decision, as per law.

Taking note of the afore submissions, I allow this writ

petition and direct the third respondent to take up Ext.P4

representation of the petitioner and dispose it of, after

affording him and any other interested person, an opportunity

of being heard; thus culminating in an appropriate order and

necessary action thereon, as expeditiously as is possible, but

not later than one month from the date of receipt of a copy of

this judgment.

Sd/- DEVAN RAMACHANDRAN JUDGE stu WP(C) NO. 7217 OF 2024

APPENDIX OF WP(C) 7217/2024

PETITIONER EXHIBITS

Exhibit P1 THE TRUE COPY OF THE DEATH CERTIFICATE OF PETITIONER'S WIFE/ATHIRA A.B DATED 27-09-

Exhibit P2 THE TRUE COPY OF THE HEIRSHIP CERTIFICATE ISSUED BY TAHSILDAR, NEYYATTINKARA DATED 20.06.2023

Exhibit P3 THE TRUE COPY OF THE STATEMENT OF ACCOUNTS OF CANARA BANK, NEYYATTINKARA BRANCH

Exhibit P4 THE TRUE COPY OF THE REPRESENTATION DATED 23.01.2024 FILED BY THE PETITIONER BEFORE THE GENERAL MANAGER, KERALA BANK ALONG WITH POSTAL ACKNOWLEDGEMENT RECEIPT