Kerala High Court
Mrs. Sally Jacob vs Union Of India on 3 March, 2025
WP(C) NO. 7817 OF 2017 1
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
MONDAY, THE 3RD DAY OF MARCH 2025 / 12TH PHALGUNA, 1946
WP(C) NO. 7817 OF 2017
PETITIONER:
MRS. SALLY JACOB
42/15018, JACOBS MARIYAKUTTY JOHN ROAD, KOCHI,
ERNAKULAM- 682018
BY ADV SRI.JOSE JACOB
RESPONDENTS:
UNION OF INDIA
MINISTRY OF FINANCE, NORTH BLOCK, CABINET
1
SECRETARIAT, RAISINA HILL, NEW DELHI-110 001
UNION OF INDIA
MINISTRY OF LAW & JUSTICE 4TH FLOOR, A-WING
2
SHASTRI BHAVAN NEW DELHI-110 001
RESERVE BANK OF INDIA
CENTRAL OFFICE BUILDING SHAHID BHAGATH SINGH
3
MARG, MUMBAI-400 001
CENTRAL BOARD OF EXCISE CUSTOMS
4 227N,NORTH BLOCK, NEW DELHI-110 001
*ADDL. R5
RESERVE BANK OF INDIA, COCHIN BRANCH,
BANERJI ROAD,ERNAKULAM NORTH, KALOOR,
5 ERNAKULAM, KERALA-682018
*ADDL.R5 IS IMPLEADED AS PER ORDER DATED
29.03.2017 IN I.A NO.5374 OF 17
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BY ADVS.
ASSISTANT SOLICITOR GENERAL
SRI.MILLU DANDAPANI
OTHER PRESENT:
SRI.T.C.KRISHNA, SC, SRI.SREELAL N.WARRIER, SC
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 03.03.2025, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
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MOHAMMED NIAS C.P., J
............................................................
WP(C)No.7817 of 2017
.............................................................
Dated this the 03rd day of March, 2025
JUDGMENT
The prayer in the writ petition is to direct the
respondents Nos.1 to 3 to accept the specified bank notes in the
possession of the petitioner at any office within the state and to
issue equivalent bank notes of legal tender.
2. The petitioner submits that she had travelled to
Scotland on 15.09.2016 to visit her son. On 08.11.2016, based on
the recommendations made by respondent No.3, the 1st
respondent vide Notification No. S.O 3407(e) dated 08.11.2016
declared that the bank notes of denominations of the existing
series of value Rs.500/- and Rs.1000/- shall cease to be legal
tenders.
3. The learned counsel appearing for the Reserve Bank
of India (RBI) submits that the notification 2016 was challenged
and the same was upheld by the Constitution Bench of Hon'ble
Supreme Court on 02.01.2023 in Vivek Narayan Sharma v. Union
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of India in [MANU/SC/0002/2023]. The relevant paragraphs of the
judgment is the following:-
"300. Shri Divan and various other learned Counsel
contended that there were various genuine cases wherein the
persons could not deposit the demonetized notes within the
specified period. The impugned Notification was sought to be
challenged on the ground that it has caused hardship to
number of persons. It was therefore urged that this Court
should either hold the impugned Notification to be arbitrary
or direct the Central Government to exercise the powers
Under Section 4(1) (ii) of the 2017 Act or by exercising the
powers Under Article 142 of the Constitution of India to
provide a window so as to enable genuine persons to
exchange their demonetized notes. We have already referred
to the judgment of this Court in the case of Km. Sonia Bhatia
(supra) herein before.
301. As such, the contention that the impugned notification
is liable to be set aside on the ground that it caused hardship
to individual/citizens will hold no water. The individual
interests must yield to the larger public interest sought to be
achieved by impugned Notification.
302. Insofar as the suggestion to frame a scheme and provide
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a window for a limited period so as to enable citizens having
genuine reasons to exchange the notes is concerned, we do
not find that it will be appropriate for us in the absence of any
expertise in economic, monetary and fiscal matters to frame
such a scheme. In our view, it will be encroaching upon the
areas reserved for the experts. If the Central Government
finds that there exists any such class of persons and there are
any reasons for extending the benefit Under Section 4 of the
2017 Act, it is within its discretion to do so. In our view, it
cannot be done by a judicial mandate.
303. We therefore hold that the RBI does not have
independent power Under Sub- section (2) of Section 4 of the
2017 Act in isolation of the provisions of Sections 3 and 4(1)
thereof to accept the demonetized notes beyond the period
specified in notifications issued Under Sub-section (1) of
Section 4 of the 2017 Act."
4. The Hon'ble Supreme Court considering the
contention that there were cases wherein the persons could not
deposit the demonetised notes within the specified period caused
hardships, however, held that it was the discretion of the Central
Government if it is found that there exist any class of persons or
any reasons for extending the benefit under Section 4 of the 2017
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Act, which is within their discretion and that the same cannot be
done by a judicial mandate.
5. The petitioner has now preferred a representation
before the Central Government dated 15.01.2025, seeking
permission to exchange the specified bank notes at the RBI, Kochi
Branch. The request is to be considered by the 1 st respondent,
before whom the request is made. it is to be noticed that the
petitioner had approached this Court on 06.03.2017 while the last
date for tender of notes for those who were not in India was on
31.03.2017. Taking note of the above I am of the view that the
petitioner's case deserves sympathetic consideration
6. Given the above, there will be a direction to the 1 st
respondent to pass orders in Ext.P8, after affording an
opportunity to the petitioner for hearing through online mode,
and pass appropriate orders in accordance with law within three
months from the date of receipt of the copy of the judgment.
The writ petition is disposed of as above.
MOHAMMED NIAS C.P.
JUDGE
Anu
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APPENDIX OF WP(C) 7817/2017
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE PASSPORT NO.L 5425720
TRUE COPY OF THE NOTIFICATION NO. S.O.
Exhibit P2
3407(E)
Exhibit P3 TRUE COPY OF THE ORDINANCE NO.10 OF 2016
Exhibit P4 TRUE COPY OF THE NOTIFICATION NO.RBI/2016-
Exhibit P5 TRUE COPY OF CIRCULAR NO. 60/2016-CUSTOMS
Exhibit P6 TRUE COPY OF THE DECLARATION FORM
Exhibit P7 TRUE COPY OF THE NOTIFICATION NO.2/2017
Exhibit P8 TRUE COPY OF THE LETTER DATED 15.01.2025
