Kerala High Court
V.Sudevan Nair vs The Branch Manager on 17 October, 2024
Author: Kauser Edappagath
Bench: Kauser Edappagath
W.P.(C) No. 34874 of 2023
..1..
2024:KER:76977
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH
THURSDAY, THE 17TH DAY OF OCTOBER 2024 / 25TH ASWINA, 1946
WP(C) NO. 34874 OF 2023
PETITIONER:
V.SUDEVAN NAIR
AGED 55 YEARS, S/O.R.VASUDEVAN PILLAI,
GOKUL NIVAS, PULLAYIL VADAKKUM BHAGAM
SAINIK NAGAR, KAZHAKOOTTAM P.O.,
THIRUVANANTHAPURAM-695582
AND SECRETARY OF KUDAVOOR SREE
BHAGAVATHY TEMPLE TRUST, KAZHAKUTTOM P.O.,
TRIVANDRUM-, PIN - 695582
BY ADVS.
P.SATHISAN
DONA AUGUSTINE
JAVED HAIDER
ABHIRAM SUNISH
SHIBU B.S
BIJU P.PAUL
RESPONDENTS:
1 THE BRANCH MANAGER
STATE BANK OF INDIA,
KAZHAKUTTOM BRANCH, P.B.NO.2,
E.K.COMPLEX, KAZHAKOOTTAM P.O.,
KERALA-., PIN - 695582
2 V. RADHAKRISHNAN NAIR
AGED 57 YEARS
S/O VASUDEVAN NAIR, KIZHAKUMBHAGAMMURIYIL,
ELLIPAKUZHIYIL HOUSE, PALLIPURAM VILLAGE
NOW RESIDING AT VALLIYAVEETTU MURIYIL
KARIGAZHIRA, THEHENGUVILA HOUSE,
KAZHAKUTTAM VILLAGE,
W.P.(C) No. 34874 of 2023
..2..
2024:KER:76977
THIRUVANANTHAPURAM DISTRICT-695582)
[R2 IS DELETED FROM THE PARTY ARRAY AT THE RISK OF THE
PETITIONER AS PER ORDER DATED 15/11/2023 IN IA 1/23.,
PIN - 695582]
3 V. PURUSHOTHAMAN NAIR
AGED 63 YEARS
S/O VASUDEVAN NAIR,
VADAKKUMBHAGAM PULLUVILAKAM HOUSE,
KAZHAKUTTAM VILLAGE,
THIRUVANANTHAPURAM DISTRICT-, PIN - 695582
4 KUDAVOOR SHRI BHAGAVATHY TEMPLE TRUST
REPRESENTED BY ITS SECRETARY ,
SIVAKUMAR G, AGED 50 YEARS, S/O GANGADHARAN PILLAI,
PLAVARA VILAKATHU VEEDU, DEVA NAGAR HOUSE-26,
KAZHAKUTTOM P O, KAZHAKKOOTTAM- MENAMKULAM(PART),
KAZHAKKUTTAM, THIRUVANANTHAPURAM - 695582.
(ADDTNL R4 IMPLEADED AS PER ORDER DATED 17.10.2024 IN
IA 02/2024 IN WPC 34874/2023)
BY JAWAHAR JOSE - R1
ADV GOPIKA ANIL
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
17.10.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C) No. 34874 of 2023
..3..
2024:KER:76977
JUDGMENT
The Kudavoor Sree Bhagavathi Temple belongs to the family
of the petitioner namely Kudavoor family. Pursuant to the
acquisition of certain portion of the temple property for the
purpose of widening of National Highway 66, an amount of
Rs.99,84,367/- was credited to the current account of the
Kudavoor Sree Bhagavathi Temple Trust maintained at the
respondent No.1 Bank by the competent authority as per Section
3G award. A suit is pending between the members of the Trust as
O.S.No.1965/2016 before the Munsiff Court,
Thiruvananthapuram. According to the petitioner, since the
amount is credited to the current account, it does not accrue any
interest ever since its deposit. It is in these circumstances, the
petitioner has approached this Court to give a direction to the
respondent No.1 to transfer the amount in the current account of
the Kudavoor Sree Bhagavathi Temple Trust into a Fixed Deposit
account in the name of the current account holder itself.
2. I have heard both sides.
..4..
2024:KER:76977
3. As per the direction of this Court, the present Secretary
of the temple trust has been impleaded as additional respondent
No.4. The learned counsel appearing for the additional
respondent No.4 submits that the additional respondent No.4 has
no objection in transferring the amount to the Fixed Deposit
account. Since there is a dispute between the members of the
trust, the huge amount is kept in the current account. It does not
accrue any interest. It is just and proper that a direction as
sought for is given to transfer the amount in the current account
to the Fixed Deposit account so that it will carry better interest.
Hence, the respondent No.1 is directed to transfer the amount in
the current account No. 38324000003 in the name of Kudavoor
Sree Bhagavathi Temple Trust into a Fixed Deposit account for a
period of three years in the name of the current account holder
itself.
The writ petition is allowed.
Sd/-
DR. KAUSER EDAPPAGATH
JUDGE
APA
..5..
2024:KER:76977
APPENDIX OF WP(C) 34874/2023
PETITIONER EXHIBITS
EXHIBIT P1 TRUE COPY OF THE INTERLOCUTORY APPLICATION
I.A.NO. 6 OF 2023 IN O.S.NO.1965 OF 2016 FILED
BEFORE THE MUNSIFF COURT, TRIVANDRUM, IN THE
ABOVE SCHEME O.S.NO.1965 OF 2016
EXHIBIT P2 TRUE COPY OF THE LETTER ISSUED BY THE PETITIONER
TO THE 1ST RESPONDENT DATED 15.06.2020 WITH
ACKNOWLEDGEMENT
EXHIBIT P3 TRUE COPY OF THE LETTER DATED 03.08.2020 ISSUED
TO THE FORMER CHAIRMAN OF THE TRUST
EXHIBIT P4 TRUE COPY OF THE RETURNED ENVELOPE DATED
20.08.2020
