Kerala High Court
The Mutholy Service Co-Operative Bank ... vs The Chief Electoral Officer on 22 May, 2025
Author: N.Nagaresh
Bench: N.Nagaresh
2025:KER:35439
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
THURSDAY, THE 22ND DAY OF MAY 2025 / 1ST JYAISHTA, 1947
WP(C) NO. 13547 OF 2025
PETITIONER:
THE MUTHOLY SERVICE CO-OPERATIVE BANK LTD.
NO. 1631, REPRESENTED BY ITS SECRETARY-IN-
CHARGE, THEKKEMURI, PULIYANOOR POST,
KOTTAYAM, PIN - 686573
BY ADVS.
MATHEW JOHN (K)
ABY J AUGUSTINE
RESPONDENTS:
1 THE CHIEF ELECTORAL OFFICER
KERALA LEGISLATIVE COMPLEX,
PALAYAM, THIRUVANANTHAPURAM,
PIN - 695033
2 THE DISTRICT ELECTION OFFICER AND DISTRICT
COLLECTOR,
COLLECTORATE POST,
KOTTAYAM,
PIN - 686001
2025:KER:35439
WP(C) No.13547 of 2025
2
BY ADV.
SRI. DEEPU LAL MOHAN, STANDING COUNSEL
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY
HEARD ON 22.05.2025, THE COURT ON THE SAME DAY DELIVERED
THE FOLLOWING:
2025:KER:35439
WP(C) No.13547 of 2025
3
JUDGMENT
Dated this the 22nd day of May, 2025 The petitioner is a Co-operative Bank. The petitioner is aggrieved by the inaction on the part of the 2 nd respondent in not disbursing the amount due to the petitioner as rent for the vehicle requisitioned by the 2nd respondent as per Ext.P1 order.
2. The 2nd respondent is bound to release the amounts as payable to the petitioner for the requisitioned vehicle in the light of the directions in Ramapuram Regional Service Co-operative Bank No.1411 vs Chief Electoral Officer [2024 (5) KLT 697]. The petitioner claimed ₹85,744/- towards hire charges for the vehicles taken by the Election Commission.
2025:KER:35439 WP(C) No.13547 of 2025 4
3. Counsel for the petitioner submits that the Election Commission has now agreed through the statement filed, to pay an amount of ₹71,188/- and that the petitioner will be satisfied by that amount if the payment is made expeditiously.
The writ petition is accordingly disposed of directing the respondents to remit the agreed amount of ₹71,188/-, within a period of one month from today.
Sd/-
N.NAGARESH JUDGE spk 2025:KER:35439 WP(C) No.13547 of 2025 5 APPENDIX OF WP(C) 13547/2025 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE REQUISITION ORDER DATED 15.03.2024 Exhibit P2 TRUE COPY OF THE LETTER SENT TO THE 2ND RESPONDENT DATED 22.05.2024 Exhibit P3 TRUE COPY OF THE 2ND LETTER TO THE 2ND RESPONDENT Exhibit P4 TRUE COPY OF THE RECEIPT ACKNOWLEDGING THE RECEIPT OF EXT.P3 IN THE OFFICE OF 2ND RESPONDENT DATED 08.11.2024 Exhibit P5 TRUE COPY OF THE JUDGMENT IN W.P.(C) 15620/2019 DATED 19.08.2019 RESPONDENT ANNEXURES Annexure-R1(a) THE TRUE COPY OF THE LETTER NO.DCKTM/3265/2025-E1 DATED 19-05-2025 ALONG WITH CALCULATION STATEMENT OF THE HIRE CHARGES FORWARDED BY THE 2ND RESPONDENT TO THE 1ST RESPONDENT