High Court of KeralaWP(C)/28980/2015disposed of

R.K.Rajesh Khanna v. The Sub Inspector Of Police

2015-10-07Honourable Mr. Justice A.Muhamed Mustaque4 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE WEDNESDAY, THE 7TH DAY OF OCTOBER 2015/15TH ASWINA, 1937 WP(C).No. 28980 of 2015 (V) --------------------------------------- PETITIONER(S):

----------------------- R.K.RAJESH KHANNA, KANAKAVILA PUTHEN VEEDU, JONAKAPURAM, KOLLAM. BY ADV. SRI.K.N.SASIDHARAN NAIR RESPONDENT(S):

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1. THE SUB INSPECTOR OF POLICE, KOLLAM EAST POLICE STATION, KOLLAM - 691 001.

2. INDIAN OVERSEAS BANK, NAVAYIKULAM BRANCH, REPRESENTED BY ITS BRANCH MANAGER - 691 002.

3. THE BRANCH MANAGER, INDIAN OVERSEAS BANK, NAVAYIKULAM BRANCH - 691 002. R1 BY GOVERNMENT PLEADER SRI.BIJU MEENATTOOR R2 & R3 BY SRI.SUNIL SHANKAR, SC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 07-10-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: msv/

WP(C).No. 28980 of 2015 (V) ---------------------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- P1 - TRUE COPY OF THE FIXED DEPOSIT RECEIPT ISSUED TO THE PETITIONER FROM THE SECOND RESPONDENT DATED 29.2.2008.

P2 - TRUE COPY OF THE COMMUNICATION ISSUED BY THE FIRST RESPONDENT TO THE SECOND RESPONDENT DATED 9.10.2014.

P3 - TRUE COPY OF THE COMMUNICATION ISSUED BY THE THIRD RESPONDENT TO THE PETITIONER DATED 19.8.2015.

RESPONDENT(S)' EXHIBITS:

----------------------------------------- NIL //TRUE COPY// P.S.TO JUDGE Msv/

A.MUHAMED MUSTAQUE, J.

---------------------------------------- W.P(C)No. 28980 of 2015 ---------------------------------------- Dated this the 7th day of October, 2015

J U D G M E N T

Petitioner has fixed deposit with second respondentBank. The petitioner wants to close the account and withdraw the proceeds. This was not granted by the Bank citing Ext.P2 notice issued by the Sub Inspector of Police.

2. It is seen from Ext.P2 that the Police has directed the bank to provide statement of accounts as well as to freeze the locker. In view of the above, this Court is of the view that there is no impediment in releasing the Fixed Deposit to the petitioner unless the Police ordered freezing of fixed deposit. Therefore, there shall be a direction to the second respondentBank to release the Fixed Deposit to the petitioner within one week from the date of receipt of a copy of this judgment. This writ petition is disposed of as above.

MBS/ A.MUHAMED MUSTAQUE, Judge