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2025 Supreme(Online)(Ker) 52042

IN THE HIGH COURT OF KERALA AT ERNAKULAM
GOPINATH P., J
V.ARAVINDHAKSHAN – Appellant
Versus
THE KAILIYAD CO-OPERATIVE BANK LTD. – Respondent
WP(C) NO. 19473 OF 2023



Advocates:
For the Appellants/Petitioners: SHRI.V.B.RAMANUNNI
For the Respondents: SRI. M.SASIDHARAN, SRI. V K SUNIL (GP)

The court emphasizes administrative adjudication on grievances related to succession and funds management promptly.

Headnote:The petitioner, claiming to be the sole legal heir of a deceased individual, sought the release of funds from a bank that had not been provided despite a Succession Certificate. The court directed the Joint Registrar of Co-operative Societies to adjudicate the petitioner's grievance after a hearing. The court emphasized the need for a prompt resolution within specified timelines, ensuring all parties were heard. Outcome: The writ petition is disposed of accordingly.

Table of Content
1. claim of legal heir for funds release. (Para 1)
2. court directives for grievance resolution through the joint registrar. (Para 2)
3. disposition of the writ petition as ordered. (Para 3)

JUDGMENT

The petitioner claims to be the only legal heir of one Kunhimalu Amma. Late Kunhimalu Amma's brother late Kuttikrishnan Nair was maintaining some Fixed Deposits with the 1st respondent bank. According to the petitioner, since late Kuttikrishnan Nair had died intestate leaving only the petitioner's late mother as his sole legal heir, on the application of late Kunhimalu Amma, the court of the Subordinate Judge, Ottapalam, issued Ext.P1 Succession Certificate in O.P.(Succession)No.4/2011 authorizing her to collect a sum of Rs.1,50,000/- which was in deposit in the name of late Kuttikrishnan Nair with the 1st respondent bank. It is stated by the learned counsel for the petitioner that, by virtue of Ext.P1 Succession Certificate, late Kunhimalu Amma was also authorized to collect a Fixed Deposit of Rs.2 lakhs with the Canara Bank, Chalavara Branch. It is submitted that, after Ext.P1 Succession Certificate was issued, the amount deposited in Canara Bank in the name of late Kuttikrishnan Nair was released to late Kunhimalu Amma, but the Fixed Deposit in the 1st respondent bank was not released.

2. Despite service of notice, there is no appearance for the 1st respondent bank.

3. Having heard the learned counsel appearing for the petitioner, I am of the opinion that this writ petition can be disposed of directing the Joint Registrar of Co-operative Societies (General), Palakkad to consider the grievance raised by the petitioner and take a decision in the matter, after affording an opportunity of hearing to the 1st respondent bank also. Accordingly, the Joint Registrar of Co-operative Societies (General), Palakkad is suo motu impleaded as additional 3rd respondent to the writ petition. The petitioner shall file a comprehensive representation before the additional 3rd respondent setting out his grievances, within a period of two weeks from the date of receipt of a certified copy of this judgment. The additional 3rd respondent shall take a decision on the representation to be filed by the petitioner as above, after hearing the 1st respondent bank, within a period of two months thereafter. The petitioner shall produce copies of all documents available with him including an attested copy of Ext.P1, before the additional 3rd respondent.

The writ petition is disposed of accordingly.

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