IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN MONDAY, THE 23RD NOVEMBER 2009 / 2ND AGRAHAYANA 1931 WP(C).No. 27421 of 2009(W) -------------------------- PETITIONER(S): --------------- THE CHIEF MANAGER, STATE BANK OF TRAVANCORE, FORT BRANCH. BY ADV. SRI.T.SETHUMADHAVAN SRI.PUSHPARAJAN KODOTH SRI.K.JAYESH MOHANKUMAR SMT.VANDANA MENON SMT.ANJU P.NAIR RESPONDENT(S): --------------- 1. THE REGIONAL DIRECTOR, EMPLOYEES STATE INSURANCE CORPORATION, THRISSUR. 2. THE DEPUTY GENERAL MANAGER, RESERVE BANK OF INDIA, BAKERY JUNCTION, THIRUVANANTHAPURAM. 3. KERALA STATE AUDIO VISUAL REPROGRAPHIC CENTRE, REPRESENTED BY ITS MANAGING DIRECTOR, WEST FORT, THIRUVANANTHAPURAM. ADV. SRI.B.S.KRISHNAN,SC, K.S.A.V.R.C. FOR R3 SRI.K.ANAND (A.201) FOR R3 SMT.LATHA KRISHNAN FOR R3 SRI. P. SANKARANKUTTY NAIR, S.C THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 23/11/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PETITIONER'S EXHIBITS: W.P.C.NO. 27421/2009 ------------------------------------------------------------------- EXT.P1 TRUE COPY OF PROHIBITORY ORDER DT. 7-8-2009. EXT.P2 STAY ORDER DT. 10-8-2009 IN W.P.C. NO. 22687/2009. EXT.P3 COMMUNICATION DT. 10-8-2009. EXT.P4 PROHIBITORY ORDER DT. 22-9-2009. EXT.P5 LETTER DT. 25-8-2009. EXT.P6 PROHIBITORY ORDER DT. 27-8-2009. [TRUE COPY] P.S TO JUDGE. S. Siri Jagan, J. =-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-=-= W. P (C) No. 27421 of 2009 =-=-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-= Dated this, the 23rd November, 2009. J U D G M E N T The Chief Manager of the State Bank of Travancore has filed this writ petition challenging Exts.P5 and P6 orders, whereby proceedings have been initiated against them for non-compliance with the direction issued by the 1st respondent by Ext. P1 order, whereby the petitioner bank was directed to make over the amount of Rs. 29,84,102/- lying in deposit with the bank in the name of the 3rd respondent. The motive for issuing the impugned proceedings is that the petitioner did not comply with Ext. P1 directions before this Court issued stay orders in the writ petition filed by the 3rd respondent, viz, W.P(C) No. 22687/2009. Ext. P1 is the order issued by the respondent on 7-8-2009. The 3rd respondent obtained Ext. P2 stay order on 10-8- 2009. The allegation of the 1st respondent is that the petitioner ought to have complied with the order before the stay order was issued. At the time of admission, the Court opined that prima facie, it appears that the action of the 1st respondent is high handed and gave an opportunity to him to decide whether the order is to be withdrawn by himself and adjourned the case to today to enable the standing counsel to obtain instructions from the 1st respondent. 2. Today, the learned counsel for the E.S.I. Corporation hands over to me an order dated 5-11-2009, which says that in compliance with the directions of this Court, prohibitory order dated 25-8-2009 is revoked. But, the learned counsel for the petitioner points out that the revocation is only until further orders are received by this Court. On a specific question by the Court to the learned counsel for the E.S.I Corporation, the learned counsel submits that the revocation is final and the orders impugned would not be enforced against the petitioner. He also submits that in such circumstances, the writ W.P.C. No. 27421/09 -: 2 :- petition has become infructuous. This submission of the learned standing counsel for the E.S.I Corporation is recorded and the writ petition is disposed of in terms of such submission. Sd/- S. Siri Jagan, Judge. Tds/ [True copy] P.S to Judge.