The High Court of Kerala directed the Respondent Bank to release Rs.25 lakhs deposited by the deceased petitioner to his legal heirs. The Ministry of Minority Affairs confirmed no Haj licence was issued.
Direction to the Bank to release Rs.25 lakhs to petitioners within two weeks of receiving a copy of the judgment.
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
FRIDAY, THE 11TH DAY OF DECEMBER 2020 / 20TH AGRAHAYANA, 1942 WP(C).No.5151 OF 2020(T)
PETITIONERS:
1 FEMINA SIYAD, AGED 42 YEARS, W/O.LATE MUHAMMED SIYAD, KANHIRAMKALAYIL HOUSE, SAFA MAHAL, ATHIRAMPUZHA P.O., ETTUMANOOR, KOTTAYAM DISTRICT.
2 MUHAMMED SHIHAS, S/O.LATE MUHAMMED SIYAD, KANHIRAMKALAYIL HOUSE, SAFA MAHAL, ATHIRAMPUZHA P.O., ETTUMANOOR, KOTTAYAM DISTRICT.
3 ASIYA SIYAD, D/O.LATE MUHAMMED SIYAD, KANHIRAMKALAYIL HOUSE, SAFA MAHAL, ATHIRAMPUZHA P.O., ETTUMANOOR, KOTTAYAM DISTRICT.
4 SAFA FATHIM (MINOR), AGED 11 YEARS, D/O.LATE MUHAMMED SIYAD, KANHIRAMKALAYIL HOUSE, SAFA MAHAL, ATHIRAMPUZHA P.O., ETTUMANOOR, KOTTAYAM DISTRICT, REPRESENTED BY HER MOTHER AND GUARDIAN, FEMINA SIYAD, THE 1ST PETITIONER.
BY ADVS. SRI.P.CHANDRASEKHAR SRI.K.K.MOHAMED RAVUF SRI.D.SREEKANTH SRI. ANOOP KRISHNA
RESPONDENTS:
1 THE UNION OF INDIA, REPRESENTED BY SECRETARY TO GOVERNMENT OF INDIA, MINISTRY OF MINORITY AFFAIRS, 11TH FLOOR, PANDIT DEENDAYAL ANTYODAYA BHAWAN, CGO COMPLEX, LODHI ROAD, NEW DELHI-110003.
WP(C).No.5151 OF 2020(T)
2
2 HAJJ COMMITTEE OF INDIA, BAITUL HUJJAJ (HAJ HOUSE), 7A, M.R.A MARG, (PALTON ROAD), MUMBAI-400001, MAHARASHTRA, REPRESENTED BY ITS CHAIRMAN.
3 PUNJAB NATIONAL BANK, THRIKKAKARA BRANCH, KRISHNA TOWERS, THRIKKAKARA, KOCHI-682021, REPRESENTED BY ITS BRANCH MANAGER.
BY ADVS. SRI.P.VIJAYAKUMAR, ASG OF INDIA SMT.C.K.SHERIN, SC, BANK
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 11.12.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No.5151 OF 2020(T)
3
JUDGMENT
The writ petition is filed by the
legal heirs of late Muhammed Siyad, who was conducting Tour business in the name and style of Safa Travels & Tourism, Ettumanoor.
2. It is stated that the deceased
Muhammed Siyad had applied for licence to the Haj Committee for conducting Haj tour operation and he had deposited a sum of Rs.25 lakhs in the Punjab National Bank. After Muhammed Siyad passed away, the petitioners approached the Bank for refund of the amount. The Bank insisted for a letter from the Haj Committee and the Ministry of Minority Affairs, Union of India. The petitioner has approached this Court seeking the following directions:
WP(C).No.5151 OF 2020(T)
4
No Objection Letter to the petitioners stating that no license was issued to Muhammed Siyad for conducting Hajj tour operation and that the petitioners are entitled to withdraw the amount of Rs.25 lakhs deposited by the aforesaid Muhammed Siyad in 3rd Respondent Bank;
ii) Issue a writ of mandamus or any other writ order or direction directing the 3rd Respondent to release and pay to the petitioners the amount of Rs.25 lakhs deposited by their predecessors in interest, Muhammed Siyad to the petitioners on receipt of the letter from the Respondents 1 and 2 stating that no license had been issued to the aforesaid Muhammed Siyad for conducting Hajj Tour Operation; and
iii) Pass such further orders as this Honourable Court may be pleased to grant on the facts and circumstances of the case.”
3. I heard the learned counsel for the
petitioner, learned ASGI as well as the learned Standing Counsel for the Bank.
4. The learned ASGI has along with the statement produced a letter dated 19.06.2020
WP(C).No.5151 OF 2020(T)
5
received from the Ministry of Minority Affairs
in which it is stated as follows:
“2.xxx xxx (iv). Shri. Mohammed Siyad N S was proprietor of the tour agency 'Safa Travels & Tourism' whereas as per the PNB letter dated 04.08.2017 attached with your representation and with the writ petition, the deposit was made in the name of 'Safa Travels, Ettumanoor”.
3. Further, the records of the Division for registration of HGOs/PTOs for Haj 2016 and Haj 2017 have been checked. From the readily available records, it appears that no travel agency in the name of 'Safa Travels & Tourism' or 'Safa Travels' had applied for registration as PTO/HGO in these years. Haj Committee of India has also confirmed that they have not received any FDR from the Tour Agency “M/s Safa Travels” either during Haj 2016 or Haj 2017. This is for your information please.”
In the above circumstances, there cannot be any further impediment for the Bank to release the amount to the petitioners, who
WP(C).No.5151 OF 2020(T)
6
are the legal heirs, as the only objection raised by the Bank was that they have to get the letter from the Haj Committee. Therefore, there shall be a direction to the Bank to release the amount to petitioners without any further delay, at any rate, within a period of two weeks from the date of receipt of a copy of the judgment.
Accordingly, the writ petition is
disposed of.
P.V.ASHA JUDGE
ww
WP(C).No.5151 OF 2020(T)
7
APPENDIX
PETITIONERS' EXHIBITS:
| EXHIBIT P1 | TRUE COPY OF THE DEATH CERTIFICATE IN RESPECT OF THE DEATH OF MUHAMMED SIYAD ISSUED BY REGISTRAR OF BIRTHS AND DEATHS, KOCHI MUNICIPAL CORPORATION. |
|---|---|
| EXHIBIT P2 | TRUE COPY OF THE LEGAL HEIRSHIP CERTIFICATE SHOWING THAT THE PETITIONERS ARE THE LEGAL HEIRS OF SRI.MUHAMMED SIYAD AND ISSUED BY TAHSILDAR, KOTTAYAM DATED 03.12.2016. |
| EXHIBIT P3 | TRUE COPY OF THE D&O LICENSE ISSUED BY SECRETARY, ETTUMANOOR GRAMA PANCHAYAT TO MUHAMMED SIYAD. |
| EXHIBIT P4 | TRUE COPY OF THE CONFIRMATION OF DEPOSIT OF RS.25 LAKHS ISSUED BY THE 3RD RESPONDENT BANK. |
| EXHIBIT P5 | TRUE COPY OF THE LETTER DATED 04.08.2017 ISSUED BY THE 3RD RESPONDENT TO THE 1ST PETITIONER. |
| EXHIBIT P6 | TRUE COPY OF THE LETTER REQUESTING TO ISSUE NO OBJECTION LETTER FOR WITHDRAWING THE |
| AMOUNT BY THE 1ST PETITIONER TO THE 2ND RESPONDENT. |
|
| EXHIBIT P7 | TRUE COPY OF THE EMAIL LETTER DATED 25TH OCTOBER, 2017 SENT BY THE 1ST PETITIONER TO THE 2ND RESPONDENT. |
| EXHIBIT P8 | TRUE COPY OF THE DEMAND NOTICE DATED 02.11.2019 ISSUED BY THE GENERAL MANAGER, IRINJALAKUDA COOPERATIVE BANK LTD TO THE PETITIONERS. |
RESPONDENTS' ANNEXURE:
ANNEXURE R1(A) TRUE COPY OF THE LETTER DATED 19.06.2020 ADDRESSED TO THE 1ST PETITIONER.
2 issues framed by the court
Whether the Bank is directed to release the deposited amount of Rs.25 lakhs to the legal heirs upon confirmation that no Haj licence was issued.
Whether the Ministry of Minority Affairs and Haj Committee are directed to issue a No Objection Letter confirming the non-issuance of the licence.
1 provisions across 1 enactments
FEMINA SIYAD & ORS
THE UNION OF INDIA
HAJ COMMITTEE OF INDIA
PUNJAB NATIONAL BANK
P.V.ASHA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
