Citation : 2026 Latest Caselaw 744 Ker
Judgement Date : 23 January, 2026
WP(C) No.2697 of 2026 1
2026:KER:5995
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
FRIDAY, THE 23RD DAY OF JANUARY 2026 / 3RD MAGHA, 1947
WP(C) NO. 2697 OF 2026
PETITIONERS:
1 RANGANATHAN V S
AGED 65 YEARS
MANAGING DIRECTOR, MELKER FINANCE & LEASING PVT.
LTD., RESIDING AT VALATH HOUSE, KOORKANCHERRY
P.O, THRISSUR NOW UNDER IMPRISONMENT IN DISTRICT
JAIL, VIYOOR, THRISSUR, PIN - 680010
2 VASANTHY RANGANATHAN
AGED 63 YEARS
DIRECTOR, MELKER FINANCE & LEASING PVT. LTD.,
RESIDING AT VALATH HOUSE, KOORKANCHERRY P.O,
THRISSUR NOW UNDER IMPRISONMENT IN VANITHA JAIL,
VIYOOR, THRISSUR, PIN - 680010
BY ADVS.
SHRI.THOMAS ABRAHAM
SMT.MERCIAMMA MATHEW
SRI.ASWIN.P.JOHN
SHRI.R.ANANTHAPADMANABAN
SMT.SWATHY A.P.
SMT.THARA ELIZABETH THOMAS
SHRI.MIDHUN A.
RESPONDENTS:
1 DHANLAXMI BANK LTD
CORPORATE OFFICE, PUNKUNNAM, THRISSUR,
REPRESENTED BY ITS GENERAL MANAGER, PIN - 680002
2 CHIEF MANAGER
DHANALAKSHMI BANK LTD., THRISSUR MAIN BRANCH, 1ST
FLOOR, DHANALAKSHMY BUILDING, NAICKANAL,
THRISSUR, PIN - 680001
WP(C) No.2697 of 2026 2
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3 THE AUTHORIZED OFFICER
DHANLAXMI BANK LTD., THRISSUR MAIN BRANCH,
DHANLAKSHMI BUILDING, NAICKANAL, THRISSUR, PIN -
680001
4 THE SUPERINTENDENT
DISTRICT PRISON, VIYYUR, THRISSUR, PIN - 680010
5 THE SUPERINTENDENT
VANITHA JAIL, VIYYUR, THRISSUR, PIN - 680010
6 THE BANKING OMBUDSMAN
RESERVE BANK OF INDIA CAMPUS, BAKERY JUNCTION,
THIRUVANANTHAPURAM, PIN - 695033
OTHER PRESENT:
SRI. JIMMY GEORGE, GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 23.01.2026, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
WP(C) No.2697 of 2026 3
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BECHU KURIAN THOMAS,J
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WP(C) No.2697 of 2026
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Dated this the 23rd day of January, 2026
JUDGMENT
The limited prayer sought for by the petitioners is for a
direction to the 4th and 5th respondents to attest the authorisation
letters signed by the petitioners in favour of their authorised
representative and close relative Smt.Bindu Ajithkumar to enable the
petitioners to work out legal remedies before the Banking
Ombudsman.
2. Petitioners are undergoing incarceration in the District Jail,
Viyyur and Vanitha Jail, Viyyur, respectively. They intend to initiate
proceedings to challenge a certain auction of gold deposited by them
with respondents 1 and 2. Though petitioners had approached this
Court in WP(C) No. 863 of 2026, the same was dismissed, relegating
them to pursue the remedies before the Banking Ombudsman or other
forum. Since the Advocates are not permitted before the Banking
Ombudsman, they intend to engage their close relative Smt. Bindu
Ajithkumar as their authorised representative. When they attempted
to authorise her by issuing Exts.P11 and P11(a) authorisations,
respondents 4 and 5 refused to attest them, without any reason. In
such circumstances, petitioners approached this Court seeking
appropriate directions.
2026:KER:5995
3. The learned Government Pleader, upon instructions
submitted that respondents 4 and 5 have no serious objection to
attesting the authorisation. It was however submitted that in the
past, since there have been certain adverse remarks on account of
giving such attestations, they were reluctant to do so.
4. I have heard the respective counsel.
5. When a prisoner intends to engage an Advocate or
authorise a person to initiate a legal process, the Vakalath or
authorisation is required to be attested by the Superintendent of the
Prison. Since the petitioners assert that they intend to authorise a
close relative to initiate legal proceedings before the Banking
Ombudsman, I am of the view that the respondents 4 and 5 ought to
attest such a document.
6. Accordingly, there will be a direction to respondents 4 and
5 to attest the document of authorisation executed by the petitioners
in favour of their close relative Smt.Bindu Ajithkumar, forthwith,
without undue delay.
The writ petition is disposed of.
Sd/-
BECHU KURIAN THOMAS,JUDGE
pm
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APPENDIX OF WP(C) NO. 2697 OF 2026
PETITIONERS' EXHIBITS
EXHIBIT P1 THE TRUE COPY OF THE CERTIFICATE OF INCORPORATION PURSUANT TO THE SAID CHANGE OF NAME DATED 16/02/2022 ISSUED BY THE REGISTRAR OF COMPANIES, GOA EXHIBIT P2 THE TRUE COPY OF THE LEASE DEED DATED 23/12/2024 BETWEEN M/S. GOA INDUSTRIAL DEVELOPMENT CORPORATION REPRESENTED BY ITS MANAGING DIRECTOR AND M/S. MELKER TTI BIOFUEL PVT. LTD. REPRESENTED BY ITS AUTHORIZED REPRESENTATIVE, THE PETITIONER HEREIN REGARDING THE INDUSTRIAL LAND BELONGING TO GOA INDUSTRIAL DEVELOPMENT CORPORATION AREA EXHIBIT P3 THE TRUE COPY OF THE CERTIFICATE OF INCORPORATION PURSUANT TO THE CHANGE OF NAME DATED 17/04/2025 EXHIBIT P4 THE TRUE COPY OF THE AGREEMENT DATED 26/06/2025 BETWEEN PARTIES (I) M/S. MAXTOWN EDUCATION & HEALTH CARE SERVICES PVT. LTD., (II) M/S. MELKER FINANCE AND LEASING PVT. LTD. AND (III) M/S CENTREAL CONSULTANCY PVT. LTD, EVIDENCING THE TERMS AND CONDITIONS OF THE SHARE TRANSFER EXHIBIT P5 THE TRUE COPY OF THE LETTER DATED 12/12/2025 SENT BY THE 2ND RESPONDENT TO THE PETITIONERS' DAUGHTER EXHIBIT P6 THE TRUE COPY OF THE AUCTION NOTICE DATED 12/12/2025 ISSUED IN THE CASE OF THE GOLD ORNAMENTS PLEDGED BY THE PETITIONER'S WIFE SMT.VASANTHY RANGANATHAN EXHIBIT P7 THE TRUE COPY OF THE LETTER DATED 16/12/2025 ISSUED TO THE PETITIONERS' DAUGHTER EXHIBIT P8 THE TRUE COPY OF THE NOTICE DATED 24/12/2025 ADDRESSED TO THE 1ST PETITIONER RECEIVED THE BY PETITIONER'S FAMILY MEMBERS EXHIBIT P9 THE TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONERS DATED 07/01/2026 EXHIBIT P10 THE TRUE COPY OF THE JUDGMENT OF THIS
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HON'BLE COURT IN WP (C) NO. 863 OF 2026 DATED 14/01/2026 EXHIBIT P11 THE TRUE COPY OF THE AUTHORISATION LETTER OF THE 1ST PETITIONER PRODUCED BEFORE THE 4TH RESPONDENT EXHIBIT P11(a) THE TRUE COPY OF THE AUTHORISATION LETTER OF THE 2ND PETITIONER PRODUCED BEFORE THE 5TH RESPONDENT
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