J U D G M E N T

Dated this the 29 th day of December, 2021 S. Manikumar, CJ.

Instant public interest litigation is filed for the following reliefs: i)issue a writ of mandamus or any other appropriate writ, order or directing the respondent No.1 and 2 not to shift the 3 rd respondent bank from the present place.

ii)issue a writ of mandamus or any other appropriate writ, order or direction directing the 1st respondent not to give permission to shift the bank from present branch at Idukki to the any other place by violating the provisions of Banking Regulation Act, 1979.

iii) issue a writ of mandamus or any other appropriate writ, order or direction directing the respondents to pass appropriate orders in Ext.P1, Ext.P2 and Ext.P3 representations on the basis of the public interest of people in Idukki, Mariyapuram Grama Panchayat, Kamakshi Grama Panchayat and other nearby places.

2. Short facts leading to filing of the writ petition are as under:

The petitioners are permanently living in Nayarupara near Idukki township. The petitioners are members of Idukki Samrakashana Samithi and they are working for the interest of general public in Idukki and nearby places. The above writ petition is filed against shifting of the 3 rd respondent bank from Idukki to Vellakkayam which is about 5 K.M away from the present place.

3. The Idukki hydro Electric project started during the period 1967 and in the year 1968 the 3 rd respondent bank started their business at Idukki near to Idukki Project. It is situated on the northern side of the Kattappana Kothamangalam PWD road at Idukki. According to the petitioners, the 3 rd respondent bank started its branch at a time when there were no nationalized or scheduled banks in nearby places. The Idukki dam is situated in Mariyapuram Grama Panchayat. During 1950's different settlers form various parts of Kerala settled in Mariyapuram Panchayat which is situated about 5 K.M away from Idukki Dam. It is contended that the 3 rd respondent bank at Idukki mainly started to operate the business for the agriculturist in Mariyapuram Grama Panchayat and also for new employees working in Idukki Hydro Electric Project.

4. It is further submitted that for the last 53 years the 3 rd respondent bank is functioning at Idukki. At present Idukki is a small township and Government intends to develop the dam premises for the purpose of tourism. The general public in Mariyapuram and Kamakshi Grama Panchayat and nearby people who are residing in Vazhathoppe Panchayat are the customers of the 3 rd respondent bank. At present the bank is functioning in a concrete building. The said building is constructed in the year 1983 as per the specification and the loan sanctioned by the 3 rd respondent bank to the church authorities.

5. Now without any reason the 3 rd respondent bank intend to shift from Idukki to Vellakkayam about 5 K.M away from the present place. Against the illegal act of the respondents the Mariyapuram grama Panchayat and people residing at Idukki filed representations before the respondents not to shift the bank from the present place. Now it is reliably learnt that under the influence of the new Building owner at Vellakkayam and due to the interest of the employees of the 3 rd respondent bank they are taking hasty preparation to shift the bank. The respondents have no right or authority to shift the bank by violating the Banking Regulation Act, 1979 by denying the public interest

6. Opposing the prayers sought for, respondents 2 to 4 have filed a detailed statement along with the guidelines issued by the Reserve Bank of India and circular dated 18.5.2017, governing mergers/shifting/closure/conversion of banking outlets, which reads thus:

“2. It is respectfully submitted that the Respondent No.2 Bank's policy on shifting of branches is formulated based on the