IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR THURSDAY, THE 20TH JANUARY 2011 / 30TH POUSHA 1932 WP(C).No. 16561 of 2005(V) -------------------------- PETITIONER(S): ---------------------- K.ABDUL KHADER, CHARUVILA PUTHEN VEEDU, VELIYAM WEST P.O. KOTTARAKKARA, KOLLAM. BY ADV. SRI.P.B.SURESH KUMAR RESPONDENT(S): ------------------------ 1. STATE OF KERALA, REPRESENTED BY THE CHIEF SECRETARY TO GOVERNMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES, KOLLAM. 3. NEDUVATHOOR PANCHAYATH SERVICE CO-OPERATIVE BANK LTD., NO.3856, NEDUVATHOOR, NEELESWARAM P.O. KOTTARAKKARA, KOLLAM DISTRICT, REPRESENTED BY ITS BRANCH MANAGER. GOVERNMENT PLEADER SRI.MUHAMOOD.T.T THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 20/01/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: dmb WP(C).No. 16561 of 2005 A P P E N D I X PETITIONER'S EXHIBITS:- P1:- COPY OF THE POWER OF ATTORNEY EXECUTED IN FAVOUR OF THE PETITIONER DATED 3.2.2005 P2:- COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT DATED 26.3.2005 P3:- COPY OF THE COMMUNICATION ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER DATED 5.4.2005 P4:- COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER TO THE 2ND RESPONDENT DATED 15.5.2005 RESPONDENTS' EXHIBITS:- R3(a):- COPY OF THE NOTICE GIVEN BY THE SUB INSPECTOR OF POLICE, KUNDARA POLICE STATION DATED 9.12.2004 R3(b):-COPY OF THE NEWS ITEM PUBLISHED IN MATHRUBHOOMI DAILY DATED 16.12.2004 R3(c):- COPY OF THE RESOLUTION PASSED BY THE COMMITTEE OF THE 3RD RESPONDENT BANK AT ITS MEETING HELD ON 13.01.2005 R3(d):-COPY OF THE RELEVANT COUNTER FOIL WITH SIGNATURE OF ANIL KUMAR DATED 6.12.2004 //TRUE COPY// P.A TO JUDGE T.R.RAMACHANDRAN NAIR,J. ------------------------------------- W.P.(C)No.16561 Of 2005 ----------------------------------------------------- DATED THIS THE 20th DAY OF JANUARY, 2011 J U D G M E N T The petitioner is the power of attorney holder of one Shri Anil Kumar. The Writ Petition is filed seeking for a direction to the 3rd respondent Bank to release an amount of Rs.8 lakhs in terms of the direction issued by the Joint Registrar. 2. It appears that there were certain transactions between one Mr.Anil Kumar and the petitioner's son, the details of which have been described in paragraph 2 of the Writ Petition. It is also pointed out in paragraph No.3 that a fraud has been committed in the account of the son of the petitioner. Shri Anil Kumar executed a power of attorney in favour of the petitioner authorising him to withdraw an amount of Rs.8 lakhs in the name of Anil Kumar with the 3rd respondent-Bank. Exhibit P1 is the copy of the power of attorney. Even though that was produced before the Bank, the bank did not oblige, to which the petitioner approached the Joint Registrar who passed Exhibit P3. 3. In the counter affidavit filed by the bank, it is pointed out that the Kundara Police has registered a crime against Anil W.P.(C)No.16561/05 -2- Kumar as Crime No.839/04 under Section 420 and Section 34 of IPC and the Sub Inspector of Police, Kundara as per Exhibit R3(a) notice requested the Bank not to release the amount. The Committee of the Bank therefore finally decided as per Exhibit R3 (c) resolution that the fixed deposit amount shall be released to Anil Kumar only if he is appearing to the bank in person with evidence to show that the crime cases initiated against him have ended. It was thereafter that the petitioner approached the Bank to release the amount . It is also pointed out that even the Joint Registrar by Exhibit P3 communication informed the Bank that the amount shall be released only in accordance with law. 4. In the light of the factual scenario, the insistence of the bank to comply with the formalities cannot be said to be incorrect. In the light of the stand taken by the Bank, the only remedy of the petitioner therefore will be to approach the appropriate forum for a resolution of the dispute. Leaving open the said remedy, the Writ Petition is disposed of. Sd/-( T.R.RAMACHANDRAN NAIR, JUDGE) dsn True copy P.A.to Judge