Kerala High Court
Madhavikutty M vs Beypore Service Co-Operative Bank ... on 21 May, 2024
Author: Devan Ramachandran
Bench: Devan Ramachandran
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
TUESDAY, THE 21ST DAY OF MAY 2024 / 31ST VAISAKHA, 1946
WP(C) NO. 8684 OF 2022
PETITIONER:
MADHAVIKUTTY M.
AGED 34 YEARS
D/O.LATE KRISHNA DAS, 'PRABHATH', NADUVATTOM, BEYPORE
NORTH, KOZHIKODE - 673 015.
BY ADVS.
MANU VYASAN PETER
P.B.KRISHNAN(K/1193/1994)
P.B.SUBRAMANYAN(K/1145/2009)
SABU GEORGE(K/000711/1998)
B.ANUSREE(K/000951/2016)
ABRAHAM BABU KALLIVAYALIL(K/1663/2020)
RESPONDENTS:
1 BEYPORE SERVICE CO-OPERATIVE BANK LIMITED
LL NO.35, HEAD OFFICE, ARAKKINAR P.O., KOZHIKODE - 673
208 REPRESENTED BY ITS SECRETARY.
2 BEYPORE SERVICE CO-OPERATIVE BANK LIMITED
LL NO.35, MAIN BRANCH, ARAKKINAR P.O., KOZHIKODE - 673208
REPRESENTED BY ITS BRANCH MANAGER.
3 M.K.RAMADAS
AGED 73 YEARS
S/O.LATE P.A.KUNHIKANNAN NAIR, ASHIRWARD, PUNCHAPADUM
ROAD, BEYPORE NORTH, KOZHIKODE DISTRICT - 673 015.
4 SOBHANA
W/O.M.K.RAMADAS, ASHIRWAD, PUNCHAPADUM ROAD, BEYPORE
NORTH, KOZHIKODE DISTRICT - 673 015.
5 AKSHAY
S/O.M.K.RAMADAS, ASHIRWARD, PUNCHAPADUM ROAD, BEYPORE
NORTH, KOZHIKODE DISTRICT - 673 015.
6 AJITHAKUMARI
W/O.DR.RAMADAS, 'BHESHAJUM', PARAKKULAM, POKKUNNU P.O.,
KOZHIKODE DISTRICT - 673 007.
BY ADVS.
G.SREEKUMAR (CHELUR)
WP(C) NO. 8684 OF 2022
2
SRI M M MONAYE(R1 TO R2); SRI G SREEKUMAR(CHELUR)-R3 TO
R6.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
21.05.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 8684 OF 2022
3
JUDGMENT
The petitioner makes various scathing
allegations against respondents 3 to 6, who are
stated to be her relatives and accuses them of
having even misappropriated certain funds from
her account maintained with respondents 1 and 2 -
Banks.
2. At the crux of her imputations, the
petitioner assures respondents 3 to 6 of having
manipulated her fiscal affairs; and prays that
respondents 1 and 2 - Banks, be directed to
transfer her Fixed Deposits with them to her
savings account in the State Bank of India (the
account number of which has been shown in the
prayer portion of the Writ Petition); and for the
further direction that the Bank be ordered not to
transfer further amounts from her account without
her authority to anyone and that they retain all
WP(C) NO. 8684 OF 2022
documents, including cheques, of certain
withdrawals amounting to Rs.18,27,500/- which she
says has been done unauthorisedly by the party
respondents in the past.
3. However, in response to the afore
assertions of the petitioner, as made by her
learned counsel - Sri.P.B.Subramanyan, the
learned counsel appearing for the party
respondents - Sri.G.Sreekumar Chelur, vehemently
asserted that his clients have committed no
action as has been alleged against them and that
the withdrawal mentioned by the petitioner had
been done by her, without any junction from his
clients. He also added that the allegations made
against his clients are so unimaginable and
unbelievable that it defies logic, but explained
that this is perhaps because the cognitive
impairment the petitioner has on account of
WP(C) NO. 8684 OF 2022
disease - which she herself admits in the
pleadings of this case. He submitted that,
therefore, his client has no objection to any
reliefs being granted to the petitioner; but
sought liberty for his clients to rebut and
defend all allegations against them, as may
become necessary in future, in other collateral
proceedings.
4. Sri.M.M.Monaye - learned Standing Counsel
for the respondent - Bank, in response, submitted
that his client has no objection in the
petitioner's Fixed Deposits being released to
her, but that this is subject to certain
conditions, which he enumerated as being: (a)
that she will have to apply for the duplicate of
the Deposit Certificates, along with an affidavit
indemnifying the Bank from any further claim; and
(b) that the amount will be then transferred,
WP(C) NO. 8684 OF 2022
subject to eligibility, only to her savings
account maintained by his client and not into an
account with the State Bank of India. He then
submitted that, as regards the 2nd prayer, his
client will not and cannot transfer any amounts
from her account without her specific permission
or instructions; and that coming to the 3rd
prayer, all records, as are mandated under law to
be maintained, will be done by them, even without
any orders from this Court.
5. Sri.P.B.Subramanyan - learned counsel for
the petitioner, submitted that, in view of the
afore, his client will be satisfied if the
reliefs granted and that his client is willing to
abide by the afore conditions suggested by
Sri.M.M.Monaye.
In the afore circumstances, this writ
petition is ordered with the following
WP(C) NO. 8684 OF 2022
directions:
a) The petitioner is granted liberty to
approach respondents 1 and 2 and apply for and
obtain the duplicate copies of the Fixed
Deposits, along with any document that may be
required to be made by her in terms of law.
b) On the petitioner acting as afore and
subject to all requirements being satisfied,
respondents 1 and 2 will transfer the proceeds of
the Fixed Deposits of the petitioner to her
savings account with them, without any avoidable
delay.
c) Needless to say, any further withdrawals
from the petitioner's account with the respondent
- Bank will be only as per her specific
instructions and in no other manner; and further
that, all the records with respect to the
petitioner's account, including cheques and such
WP(C) NO. 8684 OF 2022
other, as are mandated in law to be maintained,
shall be done by the Bank without fail.
It goes without saying that the allegations
made by the petitioner against the party
respondents have not been answered by this Court
and that they are all left open to be either
pressed or defended - as the case may be - by the
parties appropriately; for which purpose, their
rival contentions are left undecided.
Sd/-
DEVAN RAMACHANDRAN
JUDGE
SAS
WP(C) NO. 8684 OF 2022
APPENDIX OF WP(C) 8684/2022
PETITIONER'S EXHIBITS:
Exhibit P1 TRUE COPY OF THE DEGREE CERTIFICATE AWARDED BY
THE CALICUT UNIVERSITY.
Exhibit P2 TRUE COPY OF THE PROVISIONAL CERTIFICATE
AWARDED BY THE CALICUT UNIVERSITY.
Exhibit P3 TRUE COPY OF THE 1ST PAGE OF THE SAVINGS BANK
PASSBOOK OF THE PETITIONER.
Exhibit P4 TRUE COPY OF THE COMPLAINT DATED 26/9/2021.
Exhibit P5 TRUE COPY OF THE DETAILS OF THE REMAINING
FIXED DEPOSITS KEPT WITH THE BANK.
Exhibit P6 TRUE COPY OF THE LETTER OFT HE PETITIONER
ALONG WITH TYPE WRITTEN COPY.
Exhibit P7 TRUE COPY OF THE LETTER SENT BY THE PETITIONER
TO THE 1ST RESPONDENT DATED 5/2/2022.
Exhibit P8 TRUE COPY OF THE COMMUNICATION DATED 8/2/2022.
Exhibit P9 TRUE COPY OF THE MEDICAL CERTIFICATE ISSUED BY
DR.ABDU RAZAK K. DATED 16/2/2022.
Exhibit P10 TRUE COPY OF THE DETAILS PREPARED BY THE
PETITIONER.
Exhibit P11 TRUE COPY OF THE 1ST PAGE OF SBI PASSBOOK OF
THE PETITIONER.
Exhibit P12 TRUE COPY OF THE REPORT OF THE MEDICAL BOARD,
GOVT. MEDICAL COLLEGE, MANJERI DATED
04.05.2023
Exhibit P13 TRUE COPY OF THE ORDER DATED 24.07.2023 ISSUED
BY THE SUB DIVISIONAL MAGISTRATE, KOZHIKODE
Exhibit P14 TRUE COPY OF THE FIR NO. 367/2023 REGISTERED
WITH BEYPORE POLICE STATION DATED 01.08.2023
Exhibit P15 TRUE COPY OF THE FIR NO. 742/2023 REGISTERED
WITH NALLALAM POLICE STATION DATED 12.10.2023
