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HomeHigh CourtKerala High CourtManager vs Ashwin Kumar T.G on 18 February, 2026

Manager vs Ashwin Kumar T.G on 18 February, 2026


Muralee Krishna, J.

Respondents 1 and 2 in W.P.(C) No.19940 of 2019 filed

W.A.No.287 of 2025 and the respondents in W.P.(C)No. 1304 of

2019 filed W.A.No.352 of 2025, invoking the provisions under

Section 5(i) of the Kerala High Court Act, 1958, challenging the

common judgment dated 20.12.2024 passed by the learned Single

Judge in those writ petitions. Since the point to be decided in these

writ appeals is the same, they are heard together and are being

disposed of by this common judgment. For convenience of

reference, the parties are referred to in this judgment in their

status as they were in the writ petitions, unless otherwise stated.

2. The petitioner in W.P.(C)No.1304 of 2019 is the son of the

2nd petitioner in W.P.(C) No.19940 of 2019. The 1st petitioner in

W.P.(C) No.19940 of 2019 is the daughter of the 2nd petitioner

therein. According to the petitioner in W.P.(C)No.1304 of 2019,

on 22.12.1995 while he was a minor, his father had deposited an

amount of Rupees Three Lakhs in a fixed deposit for a period of

90 days, in the name of the petitioner in the erstwhile Nedungadi

Bank, Guruvayoor branch, which was later merged with the Punjab

National Bank. The deposit was made initially for a period of 90
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WA No.287 and 352 of 2025

days, which was renewed for a further period of 106 days and then

again for 170 days. The father of the petitioner was issued with

Ext.P1 fixed deposit receipt dated 21.03.1996, which contains the

periodical renewal particulars on its reverse side, the endorsement

of which is separately marked as Ext.P1(a) in the writ petition.

Similarly, the father of the petitioner made another fixed deposit

in the name of the petitioner for a sum of Rupees Three Lakhs on

22.12.1995 itself, for which Exts.P2 fixed deposit receipt was

issued. The endorsement on its reverse side showing the renewal

particulars is Ext.P2(a). The fixed deposits were not renewed after

23.09.1996, since the signatures of the father of the petitioner

were obtained by the bank officials for automatic renewal. On

attaining majority, the petitioner approached the bank on

07.01.2019 with the original fixed deposit receipts for releasing

the maturity amount. However, the bank refused to release the

amount, citing the unavailability of records. Thereupon, the

petitioner submitted a representation marked as Ext.P3 in the writ

petition on 07.01.2019. Being aggrieved by the non-releasing of

the amount, the petitioner filed W.P.(C)No. 1304 of 2019 under

Article 226 of the Constitution of India seeking a writ of mandamus
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WA No.287 and 352 of 2025

commanding the respondents to release forthwith the amount

covered by Exts.P1 and P2 fixed deposit receipts with interest.



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