Kerala High Court
Binumon R vs The State Of Kerala on 30 October, 2024
Author: N.Nagaresh
Bench: N.Nagaresh
2024:KER:81427
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
WEDNESDAY, THE 30TH DAY OF OCTOBER 2024/8TH KARTHIKA, 1946
WP(C) NO. 38165 OF 2024
PETITIONERS:
1 BINUMON R.
AGED 48 YEARS, S/O. RAVEENDRANATH PANICKER,
KRISHNA BHAVANAM, MANNANKARA, PUNNAMOOD.,
MAVELIKARA - 690 101 NOW RESIDING AT
THRIVEDYAM, WEST FORT, MAVELIKARA,
PIN - 690 101.
2 THULASI
AGED 62 YEARS, W/O RAVEENDRANATHA PANICKER,
KRISHNA BHAVANAM, MANNANKARA, PUNNAMOOD.,
MAVELIKARA, PIN - 690 101.
3 REMADEVI S.
AGED 54 YEARS, W/O SREEDHARAN PILLAI,
VALIL VEEDU, MATTOM SOUTH, THATTARAMBALAM P.O.,
MAVELIKARA - 690103 NOW RESIDING AT
KARAVALLIL HOUSE, CHETTIKULANGARA P.O.,
MAVELIKARA, PIN - 690 106.
BY ADVS.
RINNY STEPHEN CHAMAPARAMPIL
ASHA ELIZABETH MATHEW
NEENA ELISABATH ANTONY
RESPONDENTS:
1 THE STATE OF KERALA
REPRESENTED BY THE SECRETARY,
THE CO-OPERATIVE DEPARTMENT,
GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM,
PIN - 695 001.
2024:KER:81427
WP(C) No.38165 of 2024
:2:
2 THE REGISTRAR OF CO-OPERATIVE SOCIETIES
OFFICE OF THE REGISTRAR OF CO-OPERATIVE
SOCIETIES, OPERATIVE THIRUVANANTHAPAURAM,
PIN - 695 001.
3 THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES
(GENERAL)OFFICE OF THE JOINT REGISTRAR OF
CO-OPERATIVE SOCIETIES (GENERAL) ALAPPUZHA,
PIN - 691 001.
4 MAVELIKARA TALUK CO-OPERATIVE BANK LTD.NO. 707
REP. BY ITS SECRETARY, OFFICE OF THE
MAVELIKKARA TALUK CO-OPERATIVE BANK LTD.,
PULIMOOD JUNCTION, MAVELIKARA P.O.,
PIN - 690 101.
5 THE MANAGER
HEAD OFFICE PULIMOODU BRANCH MAVELIKARA TALUK
CO-OPERATIVE BANK LTD. NO. 707
PULIMOOD JUNCTION, MAVELIKARA P.O.,
PIN - 690 101.
6 THE MANAGER
THATTARAMBALAM BRANCH MAVELIKARA TALUK
CO-OPERATIVE BANK LTD. NO. 707
THATTARAMBALAM P.O., MAVELIKARA,
PIN - 690 103.
7 THE PRESIDENT
MAVELIKARA TALUK CO-OPERATIVE BANK LTD. NO.
707, OFFICE OF THE MAVELIKKARA TALUK
CO-OPERATIVE BANK LTD., PULIMOOD JUNCTION,
MAVELIKARA P.O., PIN - 690 101.
BY ADV
RESMI THOMAS, GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 30.10.2024, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
2024:KER:81427
WP(C) No.38165 of 2024
:3:
JUDGMENT
Dated this the 30th day of October, 2024
The petitioners are persons who have made Fixed
Deposit and Savings Bank Deposit with the 4 th
respondent-Bank. Though the Fixed Deposits have matured,
the amounts have not been disbursed to the petitioners. In
the circumstances, the petitioners seek to direct the
respondents to immediately release the amounts lying in the
petitioners' Fixed Deposits and Savings Bank Accounts with
interest accrued thereon to the petitioners expeditiously
within a specific time which may be fixed by this Court.
2. It is evident from the pleadings and
arguments raised at the Bar that the Bank is facing acute
financial difficulties and is not in a position to honour all the
demands for refund of Fixed Deposits in lump sum. Similarly
situated persons approached this Court filing W.P.(C)
2024:KER:81427
No.13926 of 2023 and this Court directed the respondents to
prepare a list of priority for disbursement/refund of Fixed
Deposits. This Court directed that the disbursal of amount
shall commence immediately after the lists are prepared as
directed above and subject to the availability of funds with the
Mavelikkara Taluk Co-operative Bank limited.
Following the said judgment, this writ petition is also
disposed of directing respondents 4 to 7 to include the Fixed
Deposits and Saving Bank Accounts of the petitioners also in
the priority list as per the norms followed. The benefit of the
judgment in W.P.(C) No.13926 of 2023 shall be made
available to the petitioners in this writ petition also.
Sd/-
N.NAGARESH
JUDGE
AMR
2024:KER:81427
APPENDIX OF WP(C) 38165/2024
PETITIONERS' EXHIBITS
Exhibit P1 A TRUE COPY OF THE FIXED DEPOSIT
RECEIPT OF FD NO.13426/2014-15 DATED
23/12/2014
Exhibit P2 A TRUE COPY OF THE FIXED DEPOSIT
RECEIPT FD NO.1822/2014-15 DATED
04/02/2016
Exhibit P3 A TRUE COPY OF THE FIXED DEPOSIT
RECEIPT AND LEDGER OF FD NO.1821/2014-
15 DATED 23/02/2015
Exhibit P4 A TRUE COPY OF THE FIXED DEPOSIT
RECEIPT AND LEDGER OF FD NO.1930/2015-
16 DATED 29/05/2015
Exhibit P5 A TRUE COPY OF THE FIXED DEPOSIT
RECEIPT AND LEDGER OF FD
NO.4/361/2021-22 DATED 30/09/2021
Exhibit P6 A TRUE COPY OF THE FIXED DEPOSIT
RECEIPT AND LEDGER OF FD
NO.4/362/2021-22 DATED 30/09/2021
Exhibit P7 A TRUE COPY OF THE FIXED DEPOSIT
RECEIPT OF FD NO.4/334/2021-22 DATED
30/06/2021
Exhibit P8 A TRUE COPY OF THE FIXED DEPOSIT
RECEIPT OF FD NO.4/335/2021-22 DATED
02/07/2021
Exhibit P9 A TRUE COPY OF THE FIXED DEPOSIT
RECEIPT OF FD NO.2016/2015-16 DATED
31/07/2015
2024:KER:81427
Exhibit P10 A TRUE COPY OF THE FIXED DEPOSIT
RECEIPT OF FD NO.2638/2016-17 DATED
28/04/2016
Exhibit P11 A TRUE COPY OF THE FIXED DEPOSIT
RECEIPT FD NO.1876/2012-13 DATED
29/01/2013
Exhibit P12 A TRUE COPY OF THE FIXED DEPOSIT
RECEIPT OF FD NO.1877/2012-13 DATED
29/01/2013
Exhibit P13 A TRUE COPY OF THE FIXED DEPOSIT
RECEIPT OF FD NO.1878/2012-13 DATED
29/01/2013
Exhibit P14 A TRUE COPY OF THE FIXED DEPOSIT
RECEIPT OF FD NO.1879/2012-13 DATED
29/01/2013
Exhibit P15 A TRUE COPY OF THE FIXED DEPOSIT
RECEIPT AND LEDGER OF FD NO.1880/2012-
13 DATED 29/01/2013
Exhibit P16 A TRUE COPY OF THE FIXED DEPOSIT
RECEIPT OF FD NO.2093/2013-14 DATED
07/08/2013
Exhibit P17 A TRUE COPY OF THE FIXED DEPOSIT
RECEIPT OF FD NO.2094/2013-14 DATED
07/08/2013
Exhibit P18 A TRUE COPY OF THE FIXED DEPOSIT
RECEIPT OF FD NO.2095/2013-14 DATED
07/08/2013
Exhibit P19 A TRUE COPY OF THE FIXED DEPOSIT
RECEIPT AND LEDGER OF FD NO.2096/2013-
14 DATED 07/08/2013
2024:KER:81427
Exhibit P20 A TRUE COPY OF THE FIXED DEPOSIT
RECEIPT OF FD NO.2097/2013-14 DATED
07/08/2013
Exhibit P21 A TRUE COPY OF THE FIXED DEPOSIT
RECEIPT OF FD NO.2098/2013-14 DATED
07/08/2013
Exhibit P22 A TRUE COPY OF THE FIXED DEPOSIT
RECEIPT OF FD NO.2099/2013-14 DATED
07/08/2013
Exhibit P23 A TRUE COPY OF THE 3RD PETITIONER'S
PASSBOOK OF THE SAVINGS BANK ACCOUNT
NO.SB/275 IN THATTARAMBALAM BRANCH OF
THE 4TH RESPONDENT BANK
Exhibit P24 A TRUE COPY OF THE JUDGMENT DATED
25/01/2024 OF THIS HON'BLE COURT IN
W.P.(C).NO.13926/2023 AND CONNECTED
CASES
Exhibit P25 A TRUE COPY OF JUDGMENT DATED
12/08/2024 OF THIS HON'BLE COURT IN
