Kerala High Court
P.Nirmala vs The District Collector on 27 March, 2024
Author: C.S.Dias
Bench: C.S.Dias
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE C.S.DIAS
WEDNESDAY, THE 27TH DAY OF MARCH 2024 / 7TH CHAITHRA, 1946
WP(C) NO. 2676 OF 2024
PETITIONER:
P.NIRMALA,
AGED 65 YEARS
W/O. LATE PADMANABHAN.K.,KALIKKOT HOUSE,
NEAR CHALA TEMPLE,P.O.CHALAD,
ALLIKKUNNU, KANNUR DISTRICT, PIN - 670014
BY ADVS.
K.C.SANTHOSHKUMAR
K.K.CHANDRALEKHA
RESPONDENTS:
1 THE DISTRICT COLLECTOR,
COLLECTORATE ROAD, THAVAKKARA,
KANNUR DISTRICT, PIN - 670002
2 THE KANNUR DISTRICT CO-OPERATIVE BANK,
EVENING BRANCH, KANNUR DISTRICT
REPRESENTED BY BRANCH MANAGER, PIN - 670002
BY ADV M.SASINDRAN
OTHER PRESENT:
SR PP SMT NEEMA T V
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
27.03.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C). No.2676 of 2024
2
JUDGMENT
Dated this the 27th day of March, 2024
The writ petition is filed, inter alia, to direct the
first respondent to consider and dispose of Ext.P3
application within a time frame fixed by this Court.
2. The petitioner is the legal guardian of Sarojini.K.
(subject)-- her sister-in-law--who is suffering from
bilateral profound sensorineural hearing loss with
inadequate speech and language skills as evidenced by
Exts.P1 disability certificate. The petitioner has been
appointed as the legal guardian of the subject, as per
Ext.P2 certificate, by the first respondent. The subject
has a fixed deposit with the second respondent bank,
presently known as the Kerala State Cooperative Bank
(Kerala Bank). The petitioner is authorised to receive
the monthly interest earned on the fixed deposit to be
used for the welfare of the subject. The subject is now 73
years and the petitioner is 65 years old. The petitioner is
a cancer patient. The petitioner has been advised to
appoint a home nurse to take care of the affairs of the
subject. For the above purpose, the petitioner has
submitted Ext.P3 application, to permit her to withdraw
Rs.4/- lakh from the fixed deposit of the subject, which is
now having a value of Rs.12,75,000/-. However, the said
application is pending consideration. Hence, the writ
petition.
3. Heard; Sri.K.C. Santhoshkumar, the learned
counsel appearing for the petitioner, Smt. Neema. T.V,
the learned Government Pleader and Sri.M. Sasindran,
the learned counsel for the second respondent.
4. When the writ petition was taken up for
consideration, the learned Government Pleader
submitted that, subsequent to the filing of the writ
petition, the first respondent has permitted an amount
of Rs.2,00,000/- to be withdrawn by the petitioner from
the fixed deposit, to meet the expenses of the subject
from the total amount of Rs.12,75,000/- that is lying in
fixed deposit with the second respondent. If the above
amount is withdrawn, there will be a balance amount of
Rs.10,75,000/- in fixed deposit. Therefore, the writ
petition has become infructuous.
5. The learned counsel for the petitioner submitted
that, as of now, the subject's grievance stands redressed.
But, the subject may have to incur further expenses in
the future. Therefore, the writ petition may be closed,
reserving the right to move the first respondent for a
similar relief, to withdraw additional amounts from the
fixed deposit, if an exigency arises.
6. Having considered the pleadings and materials on
record, and the rival submissions made across the Bar, I
am of the view that nothing further survives in the writ
petition.
Resutlantly, the writ petition is closed, by
reserving the right of the petitioner to move the first
respondent, in case any further exigency arises while
taking care of the welfare of the subject.
The writ petition is ordered accordingly.
Sd/-
C.S.DIAS, JUDGE
mtk/27.03.24
APPENDIX OF WP(C) 2676/2024
PETITIONER EXHIBITS
EXHIBIT P1 TRUE COPY OF THE MEDICAL CERTIFICATE
DATED 25.07.2012 ISSUED BY THE STANDING
DISABILITY ASSESSMENT BOARD
EXHIBIT P2 TRUE COPY OF THE CERTIFICATE OF
APPOINTMENT OF THE PETITIONER AS THE
LEGAL GUARDIAN, DATED 10.05.2018 ISSUED
BY THE 1ST RESPONDENT
EXHIBIT P3 THE TRUE COPY OF THE APPLICATION DATED
05.10.2021 SUBMITTED BEFORE THE 1ST
RESPONDENT
EXHIBIT P4 TRUE COPY OF THE FIXED DEPOSIT
CERTIFICATE ISSUED BY KANNUR DISTRICT CO
OPERATIVE BANK NOW KNOWN AS KERALA STATE
CO-OPERATIVE BANK LTD (KERALA BANK)
