*Kerala Soaps And Industries ... vs The Secretary To Government
2024 Latest Caselaw 13866 Ker

Kerala High Court

*Kerala Soaps And Industries ... vs The Secretary To Government on 28 May, 2024

Author: T.R.Ravi

Bench: T.R.Ravi

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                 PRESENT
                 THE HONOURABLE MR. JUSTICE T.R.RAVI
        TUESDAY, THE 28TH DAY OF MAY 2024 / 7TH JYAISHTA, 1946
                          WP(C) NO. 9491 OF 2024
PETITIONER:

            *KERALA SOAPS AND INDUSTRIES FEDERATION REGISTRATION
            NO. 146/87* CORRECTED
            NALLALAM,KOZHIKODE,REPRESENTED BY ITS SECRETARY M.M.
            PADMAVATHY, AGED 72YEARS, W/O. P.T. RAJAN.,
            PIN - 673027.
            *THE REGISTRARTION NO. "146/87" IN THE ADDRESS OF THE
            PETITIONER IS CORRECTED AS "145/89" AS PER ODER DATED
            04-04-2024 IN IA 1/2024 IN WPC.

            BY ADVS.
            B.JAYASURYA
            MINI.V.A.


RESPONDENTS:

    1       THE SECRETARY TO GOVERNMENT
            INDUSTRIES (C ) DEPARTMENT, GOVERNMENT SECRETARIAT,
            THIRUVANANTHAPURAM, PIN - 695001.
    2       THE SECRETARY
            KERALA KHADI AND VILLAGE INDUSTRIES BOARD, VANCHIYOOR,
            THIRUVANANTHAPURAM, PIN - 695035.
    3       THE CHIEF MANAGER
            INDIAN BANK,S.M. STREET BRANCH, KOZHIKODE,
            PIN - 673001.

            BY ADVS.
            BINOY VASUDEVAN
            K.V.RAJESWARI(K/1308/2002)

            SMT. VIDYA KURIAKOSE. GP.


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
28.05.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 9491 OF 2024

                                     2

                               T.R.RAVI.J
           -------------------------------------------------------
                      WP(C) No.9491 of 2024
          --------------------------------------------------------
                Dated this the 28th day of May, 2024


                             JUDGMENT

When the case is taken up, it is submitted by the counsel

appearing for the Bank that the documents are available with

the Bank and they are willing to return it to the proper

persons, that is, the title holders. The above stand cannot be

justified. The documents have been deposited by the

petitioner with the Bank and the Bank is bound to return it to

the petitioner, who has submitted the title deeds unless there

is a dispute raised before the Bank regarding the deposit.

There is no such dispute in this case.

In such circumstances, this writ petition is disposed of

directing the Bank to release the documents to the petitioner

at the earliest, at any rate, within three weeks from the date

of receipt of a copy of this judgment.

Sd/-

T.R.RAVI JUDGE mpm WP(C) NO. 9491 OF 2024

APPENDIX OF WP(C) 9491/2024

PETITIONER'S EXHIBITS

Exhibit P1 TRUE COPY OF THE MINUTES OF THE MEETING DATED 17.8.2023.

Exhibit P2 TRUE COPY OF THE CUSTOMER ACKNOWLEDGEMENT DATED 18/10/2023 REGARDING THE SAID REMITTANCE ISSUED BY THE 2ND RESPONDENT. Exhibit P3 TRUE COPY OF THE REPRESENTATION DATED 7/2/2024 SUBMITTED BY THE PETITIONER TO THE 3RD RESPONDENT.