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Kerala High Court
Somasundaram P vs Joint Registrar Of Co-Operative ... on 30 March, 2026
WP(C) NO. 29035 OF 2025 1 2026:KER:28727
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE GOPINATH P.
MONDAY, THE 30TH DAY OF MARCH 2026 / 9TH CHAITHRA, 1948
WP(C) NO. 29035 OF 2025
PETITIONER/S:
SOMASUNDARAM P.,
AGED 68 YEARS
S/O. K.K. PADMANABHAN,
C3 MALABAR MANOR, KOTTULY,
KUTHIRAVATTAM P.O.,
KOZHIKODE DISTRICT, PIN - 673016
BY ADVS.
SRI.M.P.MADHAVANKUTTY
SMT.DIVYADEVI V.G.
SMT.ANGEL GYLES LIKE
RESPONDENT/S:
1 JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES
OFFICE OF JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES,
COLLECTORATE P.O.,
KOTTAYAM, PIN - 686002
2 ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES
OFFICE OF ASSISTANT REGISTRAR OF CO-OPERATIVE
SOCIETIES, CIRCLE CO-OPERATIVE UNION BUILDINGS,
ARAMANAPPADY, CHANGANCHERRY,
PIN - 686101
3 PUZHAVATHU SERVICE CO-OPERATIVE BANK LTD NO. 62
PUZHAVATHU, CHANGANACHERRY,
REPRESENTED BY ITS SECRETARY,
PIN - 686101
WP(C) NO. 29035 OF 2025 2 2026:KER:28727
4 K.P. KOMALAM
AGED 74 YEARS
D/O. K.K. PADMANABHAN,
SANKAR BHAVAN, CHANGANACHERRY P.O.,
PUZHAVATHU KARA, CHANGANCHERRY VILLAGE,
CHANGANACHERRY TALUK,
KOTTAYAM DISTRICT, PIN - 686101
5 SAVITHRI LAKSHMANAN
AGED 69 YEARS
D/O. K.K. PADMANABHAN, SUNDAR BHAVAN,
CHANGANACHERRY P.O., PUZHAVATHU KARA,
CHANGANACHERRY VILLAGE,
CHANGANACHERRY TALUK,
KOTTAYAM DISTRICT, PIN - 686101
6 THANKAM DEVARAJAN @ THANKAM
AGED 66 YEARS
D/O. K.K. PADMANABHAN,
THARAMELPARAMBU HOUSE,
R.R. NAGAR 60,
IRON BRIDGE P.O.,
MULLACKAL VILLAGE,
AMBALAPUZHA TALUK,
ALAPPUZHA DISTRICT, PIN - 68800
7 SUNITHA SURESH
AGED 65 YEARS
D/O. K.K. PADMANABHAN,
RAMANILAYAM HOUSE,
VAZHAPPALLY P.O.
MATHUMOOLA BHAGOM,
VAZHAPPALLY EAST VILLAGE,
CHANGANACHERRY TALUK,
KOTTAYAM DISTRIC, PIN - 686103
8 S. ANANDA PADMANABHAN
AGED 32 YEARS
S/O. LATE. SURESH PADMANABHAN,
PRIYAM HOUSE,
PERUNNAI P.O.,
CHANGANACHERRY VILLAGE,
CHANGANACHERRY TALUK,
KOTTAYAM DISTRICT,
PIN - 686102
WP(C) NO. 29035 OF 2025 3 2026:KER:28727
9 S. SANGEETH SIVAN
AGED 27 YEARS
S/O. LATE SURESH PADMANABHAN,
PRIYAM HOUE,
PERUNNAI P.O.,
CHANGANACHERRY VILLAGE,
CHANGANACHERRY TALUK,
KOTTAYAM DISTRICT,
PIN - 686102
10 THANKAMMA
AGED 65 YEARS
W/O. K.K. PADMANABHAN,
SUNDAR BHAVAN,
CHANGANACHERRY P.O.,
PUZHAVATHU KARA,
CHANGANACHERRY VILLAGE,
CHANGANACHERRY TALUK,
KOTTAYAM DISTRICT,
PIN - 686101
11 SREENIVASAN (SUO MOTU DELETED)
AGED 62 YEARS
S/O. K.K. PADMANABHAN,
SUNDAR BHAVAN,
CHANGANACHERRY P.O.,
PUZHAVATHU KARA,
CHANGANACHERRY VILLAGE,
CHANGANACHERRY TALUK,
KOTTAYAM DISTRICT, PIN - 686101 IS SUO MOTU DELETED
AS PER ORDER DATED 06/11/2025 IN WP(C) 29035/2025,
*ADDL.R12 BINCY SREENIVASAN,
W/O. LATE SREENIVASAN,
SUNDAR BHAVAN, CHANGANACHERRY P.O.,
PUZHAVATHU KARA,
CHANGANACHERRY VILLAGE,
CHANGANACHERRY TALUK,
KOTTAYAM DISTRICT, PIN: 686101
ADDL.R12 IS IMPLEADED AS PER ORDER DATED 12.09.2025
IN I.A.1/2025 IN WP(C)29035/2025.
BY ADVS.
SRI.V.K.PRASAD
WP(C) NO. 29035 OF 2025 4 2026:KER:28727
SMT.M.SANTHI (K/868/2011)
SRI.MATHEW DEVASSI
SMT.JOSNA.C.F
SMT.RINTU PAUL
OTHER PRESENT:
SRI. V.K SUNIL (GP)
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
30.03.2026, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 29035 OF 2025 5 2026:KER:28727
JUDGMENT
The petitioner has approached this Court being aggrieved by
the fact that certain Fixed Deposits maintained by the petitioner's late
father with the third respondent bank have not been released to the legal
heirs despite request.
2. When this matter is taken up for consideration today, the
learned counsel appearing for the petitioner submits that the legal heirs
of late K.K.Padmanabhan had filed O.P.(Succession)No.12 of 2021
before the Subordinate Judges Court, Kottayam, and that, by order dated
29.03.2023, the petitioners in the said case (seven in number), along
with the counter petitioners (two in number), have been found entitled
to the amounts deposited by late K.K.Padmanabhan with the third
respondent bank.
3. Heard the learned counsel appearing for the petitioner, the
learned Government Pleader appearing for respondents 1 and 2, and the
learned counsel appearing for the third respondent. The learned counsel
for the bank submits that the legal heirs of late K.K.Padmanabhan are
not in possession of the original Fixed Deposit receipts.
4. Despite service of notice, there is no representation for the
third respondent. The notice issued to the fourth respondent has been
WP(C) NO. 29035 OF 2025 6 2026:KER:28727
returned as 'Refused'. Hence, notice to the fourth respondent was
declared through order dated 06.11.2025. Notices issued to respondents
5 to 9 have been served. Service is awaited on respondent No.10.
Respondent No.11 has been suo motu deleted from the array of parties,
and service is complete on respondent No.12.
5. The learned counsel appearing for the petitioner submits
that all the party respondents are parties to the O.P.(Succession) No.12
of 2021.
6. Having heard the learned counsel for the petitioner, the
learned counsel appearing for the third respondent, and the learned
Government Pleader appearing for Respondents 1 and 2, this writ
petition is disposed of directing the third respondent to take a decision
on the entitlement of the petitioner and the other legal heirs of
K.K.Padmanabhan to the amounts maintained as Fixed Deposits by late
K.K.Padmanabhan with the third respondent bank, in accordance with
their entitlement as per the order of the Subordinate Judges Court,
Kottayam in O.P.(Succession)No.12 of 2021 (Ext.P1).
7. Taking note of Ext.P1 Succession Certificate in O.P.
(Succession) No.12 of 2021 on the file of the Subordinate Judges Court,
Kottayam, it is further directed that, if the legal heirs of late
WP(C) NO. 29035 OF 2025 7 2026:KER:28727
K.K.Padmanabhan are unable to produce the original Fixed Deposit
receipts, the third respondent bank may obtain an indemnity bond and
disburse the amounts on the basis of such indemnity bond and in
accordance with the entitlement declared in O.P.(Succession)No.12 of
2021. The needful shall be done without undue delay and, at any rate,
within a period of six weeks from the date of receipt of a certified copy of
this judgment.
The writ petition is disposed of as above.
Sd/-
GOPINATH P., JUDGE
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WP(C) NO. 29035 OF 2025 8 2026:KER:28727
APPENDIX OF WP(C) NO. 29035 OF 2025
PETITIONER EXHIBITS
Exhibit P1 A TRUE COPY OF THE SUCCESSION CERTIFICATE
DATED 29-03-2023 IN O.P. (SUCCESSION) NO.
Exhibit P2 A TRUE COPY OF THE NOTICE DATED NIL ISSUED
BY THE 3RD RESPONDENT
Exhibit P3 TRUE COPY OF THE REPRESENTATION DATED
30-07-2025 BEFORE THE 2ND RESPONDENT
RESPONDENT EXHIBITS
Exhibit R3(a) A true copy of the letter dated 01.09.2025
