IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN THURSDAY, THE 25^TH DAY OF JANUARY 2024 / 5TH MAGHA, 1945 WP(C) NO. 2237 OF 2024 PETITIONER:

D. PARAMESWARA SHARMA, AGED 63 YEARS RESIDING AT FF101, S V SERENITY BA BASITH ROAD, NAGAVARAPALYA, CV RAMAN NAGAR P.O. BANGALORE, KARNATAKA, PIN – 560093 BY ADVS.

JAISHANKAR V.NAIR V.GIRISHKUMAR ACHUTH KRISHNAN R.

S.BIJU (KIZHAKKANELA)

SUVIN.R.MENON RESPONDENTS:

1 KERALA TRANSPORT DEVELOPMENT FINANCE CORPORATION LIMITED, REPRESENTED BY ITS MANAGING DIRECTOR, LEVEL 8 (6TH FLOOR) TRANS TOWERS, VAZHUTHACAUD, THIRUVANANTHAPURAM, PIN – 695014

2 STATE OF KERALA, PRINCIPAL SECRETARY TO THE GOVERNMENT OF KERALA, FINANCE DEPARTMENT, GOVERNMENT SECRETARIAT STATUE, THIRUVANANTHAPURAM KERALA, PIN – 695001

3 THE RESERVE BANK OF INDIA, REPRESENTED BY ITS GENERAL MANAGER, BAKERY JUNCTION, PB NO 6507, THIRUVANMTHAPURAM, PIN – 695033 BY ADV – SMT.VIDYA KURIAKOSE – GP THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 25.01.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

JUDGMENT The petitioner has approached this Court asserting that, though the amounts covered by Ext.P1 Fixed Deposit Receipt have matured, the 1^st respondent – Kerala Transport Development Finance Corporation Ltd. (‘KTDFC’), is refusing to honour its payment, but without citing any cogent reason. He, therefore, prays that the said respondent be directed to honour Ext.P1, along with applicable interest, within a time frame to be fixed by this Court.

2. Sri.Deepu Thankan – learned Standing Counsel for the KTDFC, in response to the afore submissions of Sri.Jaishankar V. Nair – learned counsel for the petitioner, submitted that his client fully intends to pay off the amount covered by Ext.P1 Fixed Deposit Receipt, along with applicable interest to the petitioner; but that they are facing extreme financial crisis temporarily. He added that, in fact, his client has already honoured various such claims in the past and that they will do so in this case also, if they are given at least five months time.

3. Sri.Jaishankar V. Nair – learned counsel for the petitioner, opposed the afore time frame, saying that it is excessive.

4. Though Sri.Jaishankar V. Nair may be justified in opposing the afore request of Sri.Deepu Thankan, I am of the view that this Court will require to accede to it because judicial notice can even be taken about the financial plight of the ‘KTDFC’. As rightly stated by Sri.Deepu Thankan, ‘KTDFC’ has already honoured the payment against certain other Fixed Deposits involved in other cases, and I see no reason why they will not do so in this case.

In the afore circumstances and as an indulgence to the ‘KTDFC’, I order this Writ Petition, directing them to make payment of the amounts covered by Ext.P1, along with all accrued interest to the petitioner, as expeditiously as is possible, but not later than five months from the date of receipt of a copy of this judgment.

Sd/-

RR DEVAN RAMACHANDRAN JUDGE APPENDIX OF WP(C) 2237/2024 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE FIXED DEPOSIT RECEIPT

17.08.2020 Exhibit P2 TRUE COPY OF THE ACKNOWLEDGEMENT LETTER DATED 31/05/2023 Exhibit P3 TRUE COPY OF THE EMAIL DATED 05/07/2023 SENT BY THE PETITIONER Exhibit P4 TRUE COPY OF THE LETTER DATED 17/07/2023 SENT BY THE PETITIONER Exhibit P5 TRUE COPY OF THE LETTER DATED 02/08/2023 SENT BY THE PETITIONER Exhibit P6 TRUE COPY OF THE LETTER DATED 26/08/2023 SENT BY THE PETITIONER Exhibit P7 TRUE COPY OF THE LETTER DATED 07/09/2023 SENT BY THE PETITIONER Exhibit P8 TRUE COPY OF THE LETTER DATED 27/07/2023 SENT BY THE PETITIONER Exhibit P9 TRUE COPY OF THE LETTER DATED 24/11/2023 SENT BY THE PETITIONER Exhibit P10 TRUE COPY OF THE LETTER DATED 21/12/2023 SENT BY THE PETITIONER Exhibit P11 TRUE COPY OF THE EMAIL DATED 12/09/2023 SENT BY THE PETITIONER