Kerala High Court
Chandrika vs Thriprayar Multi Purpose Co-Operative ... on 20 August, 2020
Author: Sathish Ninan
Bench: Sathish Ninan
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE SATHISH NINAN
THURSDAY, THE 20TH DAY OF AUGUST 2020 / 29TH SRAVANA, 1942
WP(C).No.11149 OF 2020(P)
PETITIONER:
CHANDRIKA,
AGED 57 YEARS
W/O. LATE SUNDARAN, THALIKULANGARA HOUSE, KOTTENELLUR
VILLAGE, MUKUNDAPURAM TALUK,
THRISSUR DISTRICT 680 662.
BY ADV. SRI.K.JAGADEESH
RESPONDENTS:
1 THRIPRAYAR MULTI PURPOSE CO-OPERATIVE SOCIETY LTD.,
NO.R. 1138, NATTIKA P.O. THRISSUR DISTRICT 680 566.
REPRESENTED BY ITS SECRETARY.
2 VINOD, S/O. LATE SUNDARAN, THALIKULANGARA HOUSE,
NATTIKA DESOM AND VILLAGE, CHAVAKKAD TALUK, NATTIKA
P.O., THRISSUR DISTRICT 680 566.
3 ANIL, S/O. LATE SUNDARAN, THALIKULANGARA HOUSE,
NATTIKA DESOM AND VILLAGE, CHAVAKKAD TALUK, NATTIKA
P.O., THRISSUR DISTRICT 680 566.
4 SUNIL,
S/O. LATE SUNDARAN, THALIKULANGARA HOUSE, NATTIKA
DESOM AND VILLAGE, CHAVAKKAD TALUK, NATTIKA P.O.,
THRISSUR DISTRICT 680 566.
5 MINI,
D/O. LATE SUNDARAN, THALIKULANGARA HOUSE, NATTIKA
DESOM AND VILLAGE, CHAVAKKAD TALUK, NATTIKA P.O.,
THRISSUR DISTRICT 680 566. RESIDING AT W/O RAJA, SREE
LAKSHMI VEEDU, KERALAPURAM, KOLLAM DISTRICT - 691 014
BY ADV. SRI.T.R.HARIKUMAR
BY ADV. SRI.ARJUN RAGHAVAN
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
20.08.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
SATHISH NINAN, J.
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W. P. (C) No.11149 of 2020
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Dated this the 20th day of August, 2020
JUDGMENT
The petitioner is the second wife of late Sundaran. Shri.Sundaran had eleven fixed deposits with the respondent Society. After the death of Sundaran, the petitioner filed SOP 25/2018 before the Principal Sub Court, Irinjalakkuda. In the said proceeding, Ext.P2 Succession Certificate was issued in favour of the petitioner with respect to the eleven fixed deposit receipts in question. The grievance of the petitioner is that, in spite of production of the Succession Certificate before the respondent Society, the amounts covered under the fixed deposits are not being paid.
2. The learned Standing Counsel for the respondent Bank submits that the amounts were not disbursed in view of the fact that the original fixed deposits were not made available before the Society.
3. The petitioner has filed IA 1/2020 wherein W. P. (C) No.11149 of 2020 :- 2 :-
it has been averred that the original fixed deposit receipts have been produced in SOP 25/2018 by the children of late Sundaran in his first wife, who were the contesting parties therein. According to the petitioner, Ext.P2 has become final. It is also pointed out that, there was a suit for partition between the petitioner and the children of late Sundaran in his first wife as OS 2/2016 before the Additional Sub Court Irinjalakkuda wherein the children of late Sundaran in his first wife had admitted the right of the petitioners for the amounts covered under the fixed deposits in question.
4. The children of late Sundaran in the first wife are impleaded in this writ petition as additional respondents 2 to 5. Respondents 4 and 5 though signed the notice have not chosen to appear. Notice to Respondents 2 and 3 are returned as unclaimed. On the facts as noticed above, I do not think that there is any reason to withhold payment of the amounts covered under the eleven fixed deposits in question to the petitioner, any longer. W. P. (C) No.11149 of 2020
:- 3 :-
5. Accordingly, the writ petition is disposed of directing the respondent to effect payment of the eleven fixed deposit receipts in question which are mentioned in Ext.P1 judgment and Ext.P2 succession certificate without insisting for production of the deposit receipts but on production of the originals of Exts.P1 and P2. The original of the Succession Certificate(Ext.P2) shall be retained by the respondent Society. There will be a further direction to the Sub Court, Irinjalakkuda, not to release the eleven fixed deposit receipts referred to above and produced in SOP 25/2018, to any parties.
Registry to communicate this judgment to the Sub Court, Irinjalakkuda.
Sd/-
SATHISH NINAN JUDGE kns/-
//True Copy// P.S. to Judge WP(C).No.11149 OF 2020(P) APPENDIX PETITIONER'S/S EXHIBITS:
EXHIBIT P1 TRUE PHOTOSTAT COPY OF THE ORDER IN S.O.P. NO. 25 OF 2018 OF THE SUBORDINATE JUDGE, IRINJALAKUDA DATED 4.1.2020.
EXHIBIT P2 TRUE PHOTOSTAT COPY OF THE SUCCESSION CERTIFICATE ISSUED BY THE PRINCIPAL SUB JUDGE, IRINJALAKUDA IN S.O.P. NO. 25 OF 2018 DATED 4.1.2020.
EXHIBIT P3 TRUE PHOTOSTAT COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE THE RESPONDENT DATED 19.03.2020.
EXHIBIT P4 TRUE PHOTOSTAT COPY OF THE JUDGMENT OF THIS HONOURABLE COURT IN WPC NO. 35136 OF 2017 DATED 8.8.2018.
EXHIBIT P5 TRUE PHOTOSTAT COPY OF THE LETTER ISSUED BY THE RESPONDENT TO THE PETITIONER DATED 15.06.2020.
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