The Court made an interim order absolute, directing the bank to permit the petitioner to withdraw his pension from a frozen account in the absence of a counter-affidavit from the police respondents.
Directed the 3rd respondent Bank to permit the petitioner to withdraw the pension alone from his Savings Bank Account.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE SMT. JUSTICE P.V.ASHA
THURSDAY, THE 26TH DAY OF MAY 2016/5TH JYAISHTA, 1938
WP(C).No. 10055 of 2011 (F)
PETITIONER(S):
GOPALAKRISHNAN K., EXGS-73164 PNR, EX-SERVICE, GREF, PALLIYAMBIL, HOUSE VATHIKULAM, THEKKEKARA P.O., MAVELIKKARA, ALAPPUZHA DISTRICT.
BY ADVS.SRI.K.SASIKUMAR SMT.T.SUDHA DEVI
RESPONDENT(S):
1. SUPERINTENDENT OF POLICE, CRIME BRANCH, DONA PAULA, PANAJI, GOA - 403001
2. POLICE INSPECTOR, CID CRIME BRANCH POLICE STATION, DONA PAULA,, PANAJI, GOA - 403001
3. BRANCH MANAGER,
STATE BANK OF TRAVANCORE, KURATHIAD BRANCH,, THEKKEKKARA P.O., MAVELIKARA, ALAPPUZHA DISTRICT - 690107
4. CHIEF ACCOUNTS OFFICER, C.D.A. (P), ALLAHABAD - 211001
R3 BY ADV. SRI.SATHISH NINAN BY SRI.SANTHOSH MATHEW R4 BY ADV. SRI.P.P.PADMALAYAN, C.G.C BY SRI N. NAGARESH BY SRI.P.PARAMESWARAN NAIR,ASST.SOLICITOR
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 26-05-2016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
bp
WP(C).No. 10055 of 2011 (F)
APPENDIX
PETITIONER'S EXHIBITS :
| P7: | COPY OF THE | LETTER | DT 29/6/2010 FR0M THE OFFICE OF |
|---|---|---|---|
| THE CREF RE | CORDS. | ||
| P8: | COPY OF THE | LETTER | DT 5/7/2010 ISSUED FROM THE |
| OFFICER COM | MANDING | CREF. |
| P9: | COPY OF THE REPRESENTATION DT 8/7/2010 FORWARDED BY |
|---|---|
| THE PETITIONER TO THE R3 AND ANOTHER. |
| P10: | COPY OF THE LETTER DT | 13/7/2010 ISSUED FROM THE |
|---|---|---|
| BANK TO THE PETITIONER | . |
RESPONDENT'S EXHIBITS : NIL.
//TRUE COPY//
P.A. TO JUDGE
bp
P.V.ASHA J.
-------------------------------------------W.P.(C) No.10055 of 2011
--------------------------------------------- Dated this the 26th day of May, 2016
J U D G M E N T
Petitioner had approached this Court when he was unable to withdraw his pension from the Bank, since his account was kept frozen by the Bank, on the basis of a direction from the Superintendent of Police Crime Branch, Panaji. It was stated that investigation in Crime No.92 of 2008 revealed that certain deposits were remitted in the account of petitioner. The petitioner submits that he is not involved in the crime.
W.P.(C) No.10055 of 2011
2
writ petition, they have not filed any counter affidavit. The petitioner as well as the Bank submit that they are not aware of any of the proceedings relating to the crime referred to in the letter addressed to the Bank.
In the above circumstances, this writ petition is disposed of making the interim order passed on 21.07.2011 absolute and directing the 3rd respondent Bank to permit the petitioner to withdraw the pension alone from his Savings Bank Account.
Sd/- P.V.ASHA, JUDGE.
AS/27/5/16
1 issue framed by the court
Whether the interim order made absolute upon the failure of respondents to contest the writ petition.
Gopalakrishnan K.
Superintendent of Police
Police Inspector
State Bank of Travancore
Chief Accounts Officer
P.V.ASHA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
