Kerala High Court
R.S.Renjith vs The Manager, State Bank Of India on 23 June, 2022
Author: V.G.Arun
Bench: V.G.Arun
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE V.G.ARUN
THURSDAY, THE 23RD DAY OF JUNE 2022 / 2ND ASHADHA, 1944
WP(C) NO. 11097 OF 2022
PETITIONER/S:
1 R.S.RENJITH,
AGED 36 YEARS
S/O.RAVEENDRAN NAIR, TC 20/303, SURABHI,
MELARANNOOR, KARAMANA P.O., THIRUVANANTHAPURAM.
2 S.RAJENDRAN NAIR,
AGED 64 YEARS
S/O.SIVARAMA PILLAI, TC 2/1235, ASWATHY,
CHANTHAVILA, KATTAYIKONAM P.O.,
THIRUVANANTHAPURAM.
3 AMBIKA DEVI,
AGED 63 YEARS
W/O.S.RAJENDRAN NAIR, TC 2/1235, ASWATHY,
CHANTHAVILA, KATTAYIKONAM P.O.,
THIRUVANANTHAPURAM.
BY ADVS.
R.SUNIL KUMAR
A.SALINI LAL
RESPONDENT/S:
THE MANAGER, STATE BANK OF INDIA,
(FORMERLY STATE BANK OF TRAVANCORE), POTHENCODE
BRANCH, POTHENCODE P.O., THIRUVANANTHAPURAM-695
584.
BY ADV P. Gopal
OTHER PRESENT:
SC JITESH MENON
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 23.06.2022, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
W.P.(C) No.11097 of 2022
-2-
JUDGMENT
Dated this the 23rd day of June, 2022 The first petitioner is the husband, second petitioner, the father and the third petitioner, mother of Archana A.R, who is stated to be in a vegetative state. As per the averments in the writ petition, marriage between the first petitioner and Archana A.R was solemnised on 20.12.2015. As Archana was not able to conceive, she was undergoing infertility treatment. As part of the procedure, she was administered with anesthesia on 24.12.2021. In the midst of that procedure, Archana relapsed and went into a comma. As there was no improvement in her condition even after prolonged treatment, she was discharged from the hospital in a vegetative state. She is presently quadriplegic and bedridden. Due to her present condition, Archana is disabled from operating her locker and bank W.P.(C) No.11097 of 2022 -3- account. Therefore, the first petitioner approached the respondent seeking permission to operate the locker and bank account maintained by Archana in the State Bank of India, Pothencode Branch. The respondent having refused to grant permission, the writ petition is filed seeking the following relief;
"i) To issue a writ of mandamus or any other appropriate writ, order or direction directing the respondent to allow the 1st petitioner to operate the Safe Deposit Locker of Archana A.R having number 136 with the respondent Bank."
2. Learned Counsel for the petitioner referred to Ext.P3 guidelines issued by the Reserve Bank of India dealing with operation of safe deposit lockers and the Division Bench decision in Shobha Gopalakrishnan v. State of Kerala [2019(1) KLT 801] to contend that the Bank is bound to permit the first petitioner to W.P.(C) No.11097 of 2022 -4- operate the safe deposit locker maintained by Archana, since the valuables in the locker have to be taken out for the purpose of raising funds to treat the account holder, who is presently in a comatose stage.
3. Learned Standing Counsel for the Bank submitted that the guidelines issued by the Reserve Bank does not provide for granting permission to a third person for operating the safe deposit locker of an account holder. It is fairly submitted that the decision in Shobha Gopalakrishnan (supra) was rendered by the Division Bench after considering all relevant aspects.
4. Having heard the learned counsel for either side, the petitioners were directed to file an affidavit seeking appointment of the first petitioner as guardian of Archana A.R. Accordingly, separate affidavits have been filed W.P.(C) No.11097 of 2022 -5- by the petitioners.
5. The debilitating medical condition of the account holder definitely disables her from operating the safe deposit locker. The petitioners require to take out the contents inside the locker for raising funds to provide treatment to the account holder. Refusal to grant such permission will be to the detriment of the account holder.
6. In Shobha Gopalakrishnan (supra), the Division Bench, after noticing the absence of any specific provision dealing with the procedure for appointment of guardian to a person in 'comatose state' had framed the following guidelines as a temporary measure:
"i) petitioner/s seeking for appointment of Guardian to a person lying in comatose state shall disclose the particulars of the property, both movable and immovable, owned and possessed by the patient lying in comatose state. W.P.(C) No.11097 of 2022 -6-
ii) The condition of the person lying in comatose state shall be got ascertained by causing him to be examined by a duly constituted Medical Board, of whom one shall definitely be a qualified Neurologist.
iii) A simultaneous visit of the person lying in comatose state, at his residence, shall be caused to be made through the Revenue authorities, not below the rank of a Tahsildar and a report shall be procured as to all the relevant facts and figures, including the particulars of the close relatives, their financial conditions and such other aspects.
iv) The person seeking appointment as Guardian of a person lying in comatose state shall be a close relative (spouse or children) and all the persons to be classified as legal heirs in the due course shall be in the party array. In the absence of the suitable close relative, a public official such as 'Social Welfare officer' can be sought to be appointed as a Guardian to the person lying in 'comatose state'.
v) The person applying for appointment as Guardian shall be one who is legally competent to be appointed as a Guardian
vi) The appointment of a Guardian as above W.P.(C) No.11097 of 2022 -7- shall only be in respect of the specific properties and bank accounts/such other properties of the person lying in comatose state; to be indicated in the order appointing the Guardian and the Guardian so appointed shall act always in the best interest of the person lying in 'comatose state'.
vii) The person appointed as Guardian shall file periodical reports in every six months before the Registrar General of this Court, which shall contain the particulars of all transactions taken by the Guardian in respect of the person and property of the patient in comatose state; besides showing the utilization of the funds received and spent by him/her.
viii) The Registrar General shall cause to maintain a separate Register with regard to appointment of Guardian to persons lying in 'comatose state' and adequate provision to keep the Reports filed by the Guardian appointed by this Court.
ix) It is open for this Court to appoint a person as Guardian to the person lying in comatose state, either temporarily or for a specified period or permanently, as found to be appropriate.
W.P.(C) No.11097 of 2022-8-
x) If there is any misuse of power or misappropriation of funds or non-extension of requisite care and protection or support with regard to the treatment and other requirements of the person lying in comatose state, it is open to bring up the matter for further consideration of this Court to re- open and revoke the power, to take appropriate action against the person concerned, who was appointed as the Guardian and also to appoint another person/public authority/Social Welfare Officer (whose official status is equal to the post of District Probation Officer) as the Guardian.
xi) It shall be for the Guardian appointed by the Court to meet the obligations/duties similar to those as described under Section 15 of the National Trust Act and to maintain and submit the accounts similar to those contained in Section 16.
xii) The Guardian so appointed shall bring the appointment to the notice of the Social Welfare Officer having jurisdiction in the place of residence, along with a copy of the verdict appointing him as Guardian, enabling the Social Welfare Officer of the area to visit the person lying in 'comatose state' at random and to submit a report, if so necessitated, calling for further action/ W.P.(C) No.11097 of 2022 -9- interference of this Court .
xiii) The transactions in respect of the property of the person lying in 'comatose state', by the Guardian, shall be strictly in accordance with the relevant provisions of law. If the Guardian appointed is found to be abusing the power or neglects or acts contrary to the best interest of the person lying in 'comatose state', any relative or next friend may apply to this Court for removal of such Guardian.
xiv) The Guardian appointed shall seek and obtain specific permission from this Court, if he/she intends to transfer the person lying in comatose state from the jurisdiction of this Court to another State or Country, whether it be for availing better treatment or otherwise."
7. When a similar matter came up for consideration, the learned Government Pleader informed that after the Division Bench judgment, the Government has issued G.O.(P) No.20/20/SJD dated 23.09.2020 designating the Sub Divisional Magistrate of the area as the designated authority for granting limited guardianship to W.P.(C) No.11097 of 2022 -10- persons suffering from disablement. Recently, Circular dated 03.05.2022 was issued by the Social Justice Department prescribing the guidelines for granting limited guardianship in terms of the Government Order. It is seen that the procedure prescribed in the guidelines formulated by the Division Bench has, to a large extent, been adopted in the guidelines issued by the Government also. The guidelines also stipulate a time limit of three months for taking a decision on the application for limited guardianship. In the light of the Government Order and the guidelines, the petitioners have the remedy of approaching the designated authority with an appropriate application.
Being convinced with the urgent need for money expressed by the petitioners, the first petitioner is permitted to operate the locker of his Archana A.R with the concurrence of the other petitioners, for a limited period of three months W.P.(C) No.11097 of 2022 -11- from the date of receipt of a copy of this judgment.
The particulars of the bank accounts and contents of the locker as on the date of receipt of a copy of this judgment shall be appended to the application for limited guardianship. The Sub Divisional Magistrate may take into account the manner in which the accounts and safe deposit locker were operated and the money expended, while taking a decision on the application. Needless to say that in view of the time limit stipulated in the guidelines, the application for limited guardianship will have to be decided within three months of its submission.
The writ petition is disposed of as above.
Sd/-
V.G.ARUN JUDGE Scl/ W.P.(C) No.11097 of 2022 -12- APPENDIX OF WP(C) 11097/2022 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE FRONT PAGE OF ARCHANA A.R.'S ACCOUNT PASS BOOK WITH THE RESPONDENT BANK.
Exhibit P2 TRUE COPY OF THE DISCHARGE SUMMARY ISSUED FROM KIMS HOSPITAL.
Exhibit P3 TRUE COPY OF THE NOTIFICATION ISSUED BY RESERVE BANK OF INDIA DATED 18.08.2021.