IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE ACTING CHIEF JUSTICE MR.P.R.RAMAN & THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR MONDAY, THE 22ND FEBRUARY 2010 / 3RD PHALGUNA 1931 WP(C).No. 28693 of 2007(S) -------------------------- PETITIONERS: --------------- 1. THANKACHAN,S/O.CHACKO,AGED 50 YEARS, PALLITHOTTAM HOUSE, ANAVILASAM KARA, UDAMBANCHOLA TALUK,IDUKKI DISTRICT. 2. K.J.DEVASSIA,S/O.JOSEPH, AGED 60 YEARS, KOLLAMPARAMBIL HOUSE, ANAVILASAM KARA UDAMBANCHOLA TALUK,IDUKKI DISTRICT. 3. RAJU,S/O.NARAYANAN, AGED 36 YEARS, KALLEPURAYIDATHIL HOUSE,ANAVILASOM KARA, UDUMBANCHOLA TALUK, IDUKKI DISTRICT. BY ADV. SRI.A.C.DEVASIA SRI.T.J.MICHAEL RESPONDENT(S): --------------- 1. STATE BANK OF TRAVANCORE,REPRESENTED BY ITS GENERAL MANAGER,CHIEF OFFICE, THIRUVANANTHAPURAM. 2. STATE BANK OF TRAVANCORE,REPRESENTED BY ITS ASSISTANT GENERAL MANAGER,(V) ZONAL OFFICE,ERNAKULAM, COHIN. 3. STATE BANK OF TRAVANCORE,REPRESENTED BY BRANCH AT ANAVILASOM,REPRESENTED BY ITS MANAGER,ANVILASOM,KUMALI, IDUKKI DISTRICT. ADV. SRI.T.SETHUMADHAVAN FOR R1 TO R3 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 22/02/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX PETITIONER'S EXHIBITS: P1 SERIES: PHOTOCOPIES OF FIRST PAGE OF PASS BOOK DT.9.8.02, 12.11.03, 27.8.87 AND 9.11.04. P2: PHOTO OF BANNER PUBLISHED BY THE RESPONDENTS. P2(a): TRUE COPY OF ENGLISH TRANSLATION OF EXT.P2. P3: PHOTOCOPY OF PETITION BY ACTION COUNCIL ANAVILASOM DT.10.7.07. P3(a): TRUE COPY OF ENGLISH TRANSLATION OF EXT.P3. P4: PHOTOCOPY OF THE REPLY BY RESPONDENTS 5 IN NUMBERS DT.17.8.2007. P4(a): TRUE COPY OF ENGLISH TRANSLATION OF EXT.P4. P5: PHOTOCOPY OF THE NEWS PUBLISHED IN MANORAMA DAILY DT.16.7.07. P5(a): TRUE COPY OF ENGLISH TRANSLATION OF EXT.P5. TRUE COPY PA TO JUDGE P.R.RAMAN, AG. C.J. & C.N.RAMACHANDRAN NAIR, J. .................................................................... W.P.(C) No.28693 of 2007 .................................................................... Dated this the 22nd day of February, 2010. JUDGMENT Raman, Ag. C.J. In this Writ Petition challenge is against shifting of the State Bank of Travancore Branch from Anavilasam to Anakkara or any other place. The petitioners are stated to be members of Action Council formed for the purpose of vindicating the grievance of the general public. It is stated that since 20 years, the Bank is functioning at Anavilasam and according to them, there is no reason why it should be shifted to Anakkara which is 20 kilometres away. In the counter affidavit filed by the State Bank of Travancore through the Assistant General Manager, Zonal Office, Ernakulam, it is averred that as per the provisions contained in Section 23 of the Banking Regulation Act, the authority to grant permission for shifting of the branch is Reserve Bank of India and the matter is under consideration of the Reserve Bank of India. It is also stated that the respondents' Branch at Anavilasam is having more of its customers in Anakkara than Anavilasom. They W.P.(C) 28693/2007 2 have given facts and figures in support of this. According to them, 67% of the deposits and advances are from the residents of Anakkara area. Therefore, to suit the needs and demands of the majority of the Bank's customers and for the future development, they proposed to shift the Branch from Anavilasam to Anakkara. It is also submitted that Kerala Vyapari Vyavasayi Edopana Samithy of Anakkara unit having 200 members have submitted a mass petition to the Bank requesting to shift the Branch to Anakkara. The traders and shop owners in Anakkara area are much larger in number than in Anavilasam. Anakkara Ksheerolpadaka Sahakarana Sanghom which is the leading milk producers' co-operative society consisting of 122 milk producers also have given a mass petition requesting for shifting the Branch to Anakkara. The Kerala Vyapari Vyavasayi Ekopana Samithy of Puttady also have made a similar representation. Padinjare Chakkuvallom Ksheerolpadaka Sahakarana Sanghom representing milk producers have also made a similar request. President, Chakkupallom Grama Panchayat and so many other public authorities also have made request seeking for shifting of the Branch to Anakkara. W.P.(C) 28693/2007 3 2. Therefore, it cannot be said that the shifting of the Branch office from Anavilasam to Anakkara is any way actuated by malafides. Whether the Branch office should function at Anavilasam or at Anakkara is not a matter for this court to say. It is for the Bank to decide. Necessarily the Bank will have to consider the customers' interest and also the development of the business of the Bank. The facts as narrated would clearly show that the Bank was proposing to shift from Anavilasam to Anakkara in the larger interest of the public. The shifting may adversely affect the interest of some people who are residents of Anavilasam. But that is not a ground for this court to interfere. 3. According to the learned counsel appearing for the petitioner, shifting of a Branch of the Bank from a rural area to an urban area is regulated by the provisions in the Banking Regulation Act. As rightly pointed out by the respondents-Bank, the authority to permit shifting of the Bank is with the Reserve Bank of India. If there are any infraction of the Rules in the matter of shifting the Branch from Anavilasam, the petitioners can approach the Reserve Bank of India by filing a W.P.(C) 28693/2007 4 representation and necessarily the Reserve Bank will consider the representation and in the absence of Reserve Bank of India being made a party, we are not issuing any direction as such. But production of a copy of this judgment will certainly enable the petitioner to approach the Reserve Bank of India while sanctioning shifting of the Branch. The Writ Petition is dismissed subject to what is stated above. P.R.RAMAN Acting Chief Justice C.N.RAMACHANDRAN NAIR Judge pms