BY AD v. SREEHARI INDUKALADHARAN

STATE OF KERALA REPRESENTED BY ADDITIONAL CHIEF SECRETARY, DEPARTMENT OF REVENUE GOVERNMENT, SECRETARIAT, THIRUVANANTHAPURAM, PIN - 682031 SUB TREASURY OFFICER PRINCIPAL SUB TREASURY FORT, THIRUVANANTHAPURAM, PIN - 695001 SRI.SUNIL KUMAR KURIAKOSE - GP THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON

29.01.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) NO. 2800 OF 2024 2 JUDGMENT The petitioners impugn Ext.P8 proceedings of the 2nd respondent – Sub Treasury Officer, Thiruvananthapuram, whereby, certain cheques presented by them has been refused to be honoured, saying that he is incapacitated from acting, on account of certain pending litigation involving them.

2. Sri.Sreehari Indu Kaladharan – learned counsel for the petitioners, conceded that there was certain factional disputes in the 1st petitioner – Foundation, which led to various proceedings; and which culminated in Ext.P1 judgment, whereby, his clients have been authorized to act as the Receivers. He submitted that, therefore, the Sub Treasury Officer could not have refused to honour cheques issued by them since, that would amount to violation of the directions of this Court. He pointed out that, unfortunately, the Sub Treasury Officer appears to have been misled by Ext.P3 subsequent order of this Court in one of the reports, to gather the impression that no cheques issued by his clients can be honoured. He submitted that this is incorrect and factually misplaced and therefore, prayed that Ext.P8 be quashed; with a consequential direction to the Sub Treasury Officer to ensure that the cheques are properly honoured.

3. Sri.Sunil Kumar Kuriakose – learned Government Pleader, in WP(C) NO. 2800 OF 2024 3 response, submitted that the Sub Treasury Officer could have done nothing more than to have issued Ext.P8 because, he is faced with Ext.P3 order of this Court, wherein, it is clear that F.A.O.No.24 of 2023 is still pending. He added that the Sub Treasury Officer has no other interest in the matter, except that he may not inadvertently travel against the directions of this Court; and therefore, added that he will act in terms of any directions to be issued by this Court.

4. When I evaluate and consider the afore rival submissions on the touchstone of the various materials on record, it is evident that, what is referred to in Ext.P8 by the Sub Treasury Officer is, in fact, Ext.P3 order, though its date has been incorrectly mentioned in the former. He appears to have been led to an impression, noticing Ext.P3, that F.A.O.No.24 of 2023 is pending before this Court; while, as is evident from Ext.P1 judgment, the same has been finally disposed of.

5.That said, even a glance through Ext.P1 judgment would render it luculent that the respondents therein - who are the petitioners in this writ petition - have been appointed as Receivers for the management of the Society; however, with a caveat that they shall not take any policy decisions, without obtaining permission from the Trial Court. Obviously, hence, proceedings before the Trial Court appears to be pending; but, as far as the F.A.O. is concerned, it has culminated in a final judgment, whereby, the petitioners herein appeared to have been appointed as the WP(C) NO. 2800 OF 2024 4 Receivers.

6. Indubitably, therefore, the action of the petitioners in presenting cheques for the purpose day today affairs of the Society/Foundation, without having any reflection on policy decisions, cannot be normally interdicted by the Sub Treasury Officer.

7. In the afore circumstances, I am certain that Ext.P8 cannot find my favour. Resultantly, I allow this writ petition and set aside Ext.P8 with a consequential direction to the Sub Treasury Officer, Thiruvananthapuram to hear the petitioners and examine all the documents, including the one mentioned in the judgment and take a fresh decision on honouring the cheques, as expeditiously as is possible, but not alter than one week from the date of receipt of a copy of this judgment. For the fore purpose, I direct the petitioners to produce the certified copy of this judgment, along with the writ petition, before the Sub Treasury Officer at 11.00 a.m. on 02.02.2024; on which day, the said Authority will act as above, within the time frame fixed. Sd/- DEVAN RAMACHANDRAN JUDGE MC/29.1 WP(C) NO. 2800 OF 2024 5 APPENDIX OF WP(C) 2800/2024 PETITIONER EXHIBITS Exhibit P1 Exhibit P2 Exhibit P3 Exhibit P4 Exhibit P5 Exhibit P6 Exhibit P7 Exhibit P8 Exhibit P9 Exhibit P10 Exhibit P11 Exhibit P12 A TRUE COPY OF THE JUDGMENT DATED 13.07.2023 IN F.A.O NO 24/2023 OF THIS HON'BLE COURT A TRUE COPY OF THE REPORT NO 3 OF FORMER RECEIVER ADV RAJAN BABU IN FAO 24/2023 DATED 07.08.2023 A TRUE COPY OF THE INTERIM ORDER DATED 10.08.2023 IN FAO 24/2023 OF THIS HON'BLE COURT A TRUE COPY OF THE LETTER OF FORMER RECEIVER ADV RAJAN BABU ISSUED TO THE RECEIVERS INCLUDING PETITIONERS REGARDING HANDING OVER THE CHARGE TO PETITIONERS DATED 19.08.2023 A TRUE COPY OF THE LETTER OF FORMER RECEIVER ADV RAJAN BABU ISSUED TO THE 2ND RESPONDENT REGARDING HANDING OVER THE CHARGE TO PETITIONERS A TRUE COPY OF THE MINUTES OF THE MEETING DATED 07.09.2023 A TRUE COPY OF THE ACCOUNT STATEMENTS OF ACCOUNT NO TSB 799010100274891 WITH CUSTOMER ID 2582656 MAINTAINED WITH THE 2ND RESPONDENT A TRUE COPY OF THE LETTER ISSUED TO THE PETITIONER FROM THE 2ND RESPONDENT DATED 01.01.2024 A TRUE COPY OF THE ORDER DATED 07.02.2022 IN IA NO 45/2022 A TRUE COPY OF THE REPRESENTATION FILED BY THE PETITIONER TO THE 2ND RESPONDENT A TRUE COPY OF THE INTERIM ORDER IN F A O 24 OF 2023 DATED 06.06.2023 A TRUE COPY OF JUDGEMENT IN WPC 2204 OF 2024 DATED 19.01.2024