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2025 Supreme(Online)(Ker) 56374

IN THE HIGH COURT OF KERALA AT ERNAKULAM
M.A.ABDUL HAKHIM, J
SHAMEEM K – Appellant
Versus
MALAPPURAM DISTRICT CO-OPERATIVE BANK REPRESENTED BY ITS MANAGER – Respondent
WP(C) NO. 24032 OF 2025



Advocates:
For the Appellants/Petitioners: SHRI.HAMDAN MANSOOR K
For the Respondents: SRI.TONY AUGUSTINE GP.

The legal principle established is that a bank cannot freeze an account without clear and explicit directives from the police that authorize such action.

Headnote:This case pertains to the right of the petitioner seeking to unfreeze their bank account based on a notice from police which did not explicitly request for the freezing. Despite service of notices on respondents, there was no appearance by them. The court ordered the bank to allow the petitioner to operate the account while clarifying that any future requisitions would be dealt with accordingly. The key issue framed involves whether the actions taken by the bank were warranted under the circumstances. The court determined that the notice did not render the freezing of the account lawful. Ultimately, the court directed the bank to permit operations on the account while considering future requests accordingly.

JUDGMENT

Dated this the 28th day of November, 2025 The Petitioner has filed this Writ Petition seeking direction to the 1st respondent to unfreeze his account maintained with the 1st respondent/Bank. The grievance of the petitioner is that, on receipt of Ext.P1 from the 2nd respondent, the Bank has frozen the account of the petitioner. Even though notices were served on the respondents 1 and 2, there is no appearance for the respondents 1 and 2. As per Ext. P1, the second respondent has only sought details of the account of the petitioner and no request for freezing the account of the petitioner is made. It is not clear whether the second respondent has issued any other requisition to the 1st respondent, as both the 1st and 2nd respondents are not appearing before this Court. In view of the same, this Writ Petition is disposed of, directing the 1st respondent to permit the petitioner to operate the account, ignoring Ext.P1. If any other requisition is received by the 1st respondent, the 1st respondent is free to act in accordance with the said requisition.

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