IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.BALAKRISHNAN NAIR FRIDAY, THE 27TH JUNE 2008 / 6TH ASHADHA 1930 WP(C).No. 36613 of 2004(H) -------------------------- PETITIONER: ------------ THE CHALA BEEDI WORKERS INDUSTRIAL (SERVICE TYPE) CO-OPERATIVE SOCIETY LTD., P.O.CHALA EAST, KANNUR, REP. BY ITS SECRETARY. BY ADV. SRI.K.C.SANTHOSHKUMAR SMT.K.K.CHANDRALEKHA RESPONDENTS: ------------- 1. UNION OF INDIA, REP. BY THE SECRETARY TO GOVERNMENT OF INDIA, DEPARTMEMT OF POSTS, MINISTRY OF COMMUNICATION, DAK BHAVAN, SANSAD MARG, NEW DELHI -1. 2. THE CHIEF POST MASTER GENERAL, KERALA CIRCLE, THIRUVANANTHAPURAM. 3. THE POSTMASTER GENERAL, NORTHERN REGION, CALICUT. 4. THE SUPERINTENDENT OF POST OFFICE, KANNUR DIVISION, KANNUR. BY ADV. SRI.JOHN VARGHESE, ASSISTANT SG SRI.P.PARAMESWARAN NAIR, ASST.SG. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 27/06/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) NO.36613/2004 APPENDIX PETITIONER'S EXTS: EXT.P1: COPY OF THE FIRST INFORMATION REPORT DT.1.11.1999 REGISTERED BY THE KANNUR POLICE STATION. EXT.P2: COPY OF THE REFER NOTICE ISSUED BY THE CIRCLE INSPECTOR OF POLICE, KANNUR TO THE PETITIONER. EXT.P3: COPY OF THE LETTER DT.4.11.1999 ISSUED BY THE 4TH RESPONDENT TO THE PETITIONER. EXT.P4: COPY OF THE REQUEST SENT BY THE PETITIONER TO THE 4TH RESPONDENT. EXT.P5: COPY OF THE LAWYER NOTICE DT.19.9.2003 ISSUED TO THE 4TH RESPONDENT. EXT.P6: COPY OF THE POSTAL RECEIPT DT.19.9.2003. EXT.P7: COPY OF THE ORDER DT.21.1.2003 IN W.P.(C) NO.2183/2004 IN W.P.(C) NO.2183/2004 OF THE HON'BLE HIGH COURT OF KERALA. RESPONDENT'S EXTS: EXT.R1(a): COPY OF THE JUDGMENT DT.04.09.1992 IN CIVIL WRIT PETIION NO.1848/92 OF THE HON'BLE HIGH COURT OF DELHI. //TRUE COPY// PA TO JUDGE. K. BALAKRISHNAN NAIR, J. -------------------------------------- W.P.(C) No. 36613 OF 2004 ------------------------------------- Dated this the 27th day of June, 2008 J U D G M E N T ~~~~~~~~~~~ The petitioner is a Co-operative Society. It purchased some Indira Vikas Patras on 27.4.1994 and a few more on 2.2.1995. The maturity date of those Patras were 27.10.2000 and 2.8.2000. While so, those Indira Vikas Patras were stolen from the office of the Society on 30.10.1999. An information was lodged before the police and a crime has been registered on 1.11.1999. The petitioner then moved before the District Superintendent of Post Offices, Kannur by filing a representation to stop payment if anyone presents the Indira Vikas Patras purchased by it. The said request was rejected by Ext.P3. The petitioner filed Ext.P5 representation before the Superintendent of Post Offices, Kannur, claiming payment of the maturity value of the Indira Vikas Patras. Thereafter, this writ petition is filed seeking the following reliefs: a) Issue a writ of certiorari or other appropriate writ, order or direction calling for the original of Ext.P3 and to quash it. b) issue a writ of mandamus or other appropriate writ, order or direction to the W.P.(C) No.36613/2004 2 respondents to pay the maturity value of the Indira Vikas Patra purchased by the petitioner with the interest from the date of maturity. 2. The respondents have filed a counter affidavit resisting the prayers in the writ petition. 3. Heard the learned counsel on both sides. In similar cases, this Court has directed the postal department to pay the maturity value on execution of indemnity bond for the amount released. I think the said direction can be issued in this case also. If, the petitioner Society executes an indemnity bond indemnifying the Postal department against third party claims for the maturity value of Indira Vikas Patras mentioned in Para 6 of the writ petition, the 4th respondent shall cause to release the maturity value of those Indira Vikas Patras to the petitioner. The writ petition is disposed of as above. (K.BALAKRISHNAN NAIR, JUDGE) ps