Vinod M. R vs Competent Authority
2024 Latest Caselaw 31245 Ker

Kerala High Court

Vinod M. R vs Competent Authority on 1 November, 2024

Author: V.G.Arun

Bench: V.G.Arun

                                                       2024:KER:81352


               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                               PRESENT

                  THE HONOURABLE MR.JUSTICE V.G.ARUN

     FRIDAY, THE 1ST DAY OF NOVEMBER 2024/10TH KARTHIKA, 1946

                       WP(C) NO. 36143 OF 2024

PETITIONER:

          VINOD M. R
          AGED 45 YEARS, S/O MADHUSOODANAN NAIR,
          'RADHASREE', KANDALA P.O., THIRUVANANTHAPURAM,
          PIN - 695512

          BY ADVS.
          JIBU P THOMAS
          KULATHUR S.V. PREMAKUMARAN NAIR
          DEVIKA VISWOM




RESPONDENTS:

    1     COMPETENT AUTHORITY
          BANNING OF UNREGULATED DEPOSIT SCHEMES ACT (BUDS ACT),
          ROOM NO.374, MAIN BLOCK, SECRETARIAT,
          THIRUVANANTHAPURAM, PIN - 695001

    2     DISTRICT COLLECTOR
          THIRUVANANTHAPURAM, CIVIL STATION BUILDING,
          CIVIL STATION ROAD, KUDAPPANAKKUNNU
          THIUVANANTHAPURAM, PIN - 695043

    3     JOINT REGISTRAR (GENERAL)
          CO-OPERATIVE SOCIETIES,
          OFFICE OF THE JOINT REGISTRAR(GENERAL) OF CO-OPERATIVE
          SOCIETIES, JAWHAR SAHAKARANA BHAVAN, 8TH FLOOR,
          DPI JUNCTION, THYCAUD P.O., THIRUVANANTHAPURAM,
          PIN - 695014
 WP(C) NO. 36143 OF 2024
                                  2
                                                         2024:KER:81352


     4      KANDALA SERVICE CO-OPERATIVE BANK
            REPRESENTED BY ITS SECRETARY, T 197,
            KANDALA P.O, KATTAKKADA, THIRUVANANTHAPURAM,
            PIN - 695512

     5      THE BRANCH MANAGER
            BANK OF BARODA, KATTAKKADA BRANCH,
            AKSHAYA BUILDING, GROUND FLOOR, S.N NAGAR,
            MARKET ROAD, NEAR GURU MANDIR, KATTAKKADA,
            THIRUVANANTHAPURAM, PIN - 695572

            SRI. IMAM GRIGORIOUS KARAT, GP.
            SMT. R. REMA SC FOR BANK OF BARODA.


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
01.11.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 36143 OF 2024
                                     3
                                                           2024:KER:81352


                              JUDGMENT

Dated this the 1st day of November, 2024

When this matter is taken up for consideration,

learned Government Pleader submitted that Ext.P1 order

dated 01.08.2024 is no longer in subsistence and has

been substituted by an order dated 27.10.2024. It is

hence contended that the relief sought in the writ

petition has become infructuous and if the petitioner has

any grievance regarding the further proceedings based

on the order dated 27.10.2024, his remedy is to

challenge it separately.

2. Learned Counsel for the petitioner

submits that, since this Court has already noted the

submission made on behalf of the bank that the

petitioner is not restrained from operating his account,

the interim order dated 28.10.2024 should be allowed to

continue.

3. Heard, learned Standing Counsel for the WP(C) NO. 36143 OF 2024

2024:KER:81352

bank also.

In view of the above submissions, the writ

petition is closed, reserving the petitioner's right to

challenge the order dated 27.10.2024 or further

proceedings based on such order and directing the bank

to permit the petitioner to operate his account unless

and until the account is attached by the subsequent

order.

Sd/-

V.G.ARUN JUDGE ARK WP(C) NO. 36143 OF 2024

2024:KER:81352

APPENDIX OF WP(C) 36143/2024

PETITIONER EXHIBITS

EXHIBIT-P1 TRUE COPY OF THE SAID ORDER DATED 01.08.2024 ISSUED BY THE 2ND RESPONDENT

EXHIBIT-P2 TRUE COPY OF THE STATEMENT OF ACCOUNTS IN RESPECT OF ACCOUNT NO. 58370100000025 FOR THE PERIOD 01.01.2024 TO 03.10.2024