IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
MONDAY, THE 04TH DAY OF JANUARY 2021 / 14TH POUSHA, 1942
WP(C).No.29071 OF 2019(H)
PETITIONERS:
1 M.HABUSA BEEVI
HOUSE NO. 12, VRINDAVAN NAGAR,
KADAPPAKKADA P.O, KOLLAM
PIN-691 008
2 K.S RAJENDRA BABU,
NANDANAM, KUNTHALLOOR, CHIRAYANKEEZHU P.O,
THIRUVANANTHAPURAM
PIN 695 304
BY ADV. SRI.M.R.SASITH
RESPONDENTS:
1 THE ADMINISTRATOR
KOLLAM FOOD CORPORATION OF INDIA,
EMPLOYEES CO-OPERATIVE SOCIETY LTD, NO. Q 879
PIN-682 018
2 THE ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES
(GENERAL)
KOLLAM, WEST OF COLLECTORATE, KACHERI P.O,
KOLLAM, PIN-691 013
3 THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES,
CIVIL STATION, KACHERI P.O,
KOLLAM-691 013
SMT SHEEJA CS SR GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
04.01.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No.29071 OF 2019 2
JUDGMENT
The petitioners herein are the members of the Kollam Food Corporation of India Employees Co-operative Society Ltd., a Credit Society formed with the object of providing financial assistance to its members using the income derived from the funds deposited by its members. They state that by Exts.P1 to P3 fixed deposit receipts, amounts have been deposited by the petitioners. When they requested the Society to disburse the amount after it had attained maturity, their request was turned down. The petitioners state that they are in urgent need of funds and in the said circumstances, they have approached the respondents and had submitted Exts.P4 to P7 representations. When their request did not yield any result, they have invoked the statutory remedy and have instituted arbitration proceedings. However, as the term of the Administrator has expired in the meanwhile, the Arbitrator has refused to proceed with the case. It is in the above background that the petitioners have approached this Court seeking directions to the 1st respondent to release the amounts to the petitioners within a time frame.
WP(C).No.29071 OF 2019 3
2. The learned Government Pleader was directed to obtain specific instructions in this regard. It is submitted that all formalities have been completed to release the amounts due to the petitioners and it is being delayed as the term of the administrator had expired on 15.12.2020. An application for extending the term is pending before the Government and as and when the same is allowed, the amounts shall be disbursed. It is further submitted that the society will have to forward the KYC and other details for expediting the proceedings.
3. In view of the submissions made by the learned Government Pleader, this writ petition is disposed of with a direction to disburse the amounts due to the petitioners covered under Exts.P1 to P3 receipts within a period of two months from the date on which the 1st respondent takes charge of the functioning of the society. The Society shall forward the necessary records including the KYC to the concerned respondent to expedite the proceedings.
Sd/-
RAJA VIJAYARAGHAVAN V JUDGE NS WP(C).No.29071 OF 2019 4 APPENDIX PETITIONER'S/S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE FIXED DEPOSIT RECEIPT AMOUNTING RS.1,00,000/- BELONGING TO THE 1ST PETITIONER DATED 28-06-2016 EXHIBIT P2 TRUE COPY OF THE FIXED DEPOSIT RECEIPT AMOUNTING TO RS.1,27,000/- BELONGING TO 2ND PETITIONER DATED 06-01-2016 EXHIBIT P3 TRUE COPY OF THE FIXED DEPOSIT RECEIPT AMOUNTING TO RS.87,000/- BELONGING TO THE 2ND PETITIONER DATED 09-06-2017 EXHIBIT P4 TRUE COPY OF THE REPRESENTATION SENT BY THE 1ST PETITIONER TO THE 1ST RESPONDENT DATED 10-07-2018 EXHIBIT P5 TRUE COPY OF THE REPRESENTATION SENT BY THE PETITIONER TO THE 3RD RESPONDENT DATED 15-08-2018 EXHIBIT P6 TRUE COPY OF THE REPRESENTATION SENT BY THE PETITIONER TO THE 1ST RESPONDENT DATED 13-06-2018 EXHIBIT P7 TRUE COPY OF THE REPRESENTATION SENT BY THE PETITIONER TO THE 3RD RESPONDENT DATED 25-09-2018 EXHIBIT P8 TRUE COPY OF THE PETITION FILED BY THE 1ST PETITIONER AS ARC NO. 1/2019 DATED 06-02-2019 FILED BEFORE THE 2ND RESPONDENT EXHIBIT P9 TRUE COPY OF THE PETITION FILED BY THE 2ND PETITIONER AS ARC NO.2/2019 DATED 06-02-2019 FILED BEFORE THE 2ND RESPONDENT RESPONDENTS' EXHIBITS:
NIL