Raveendran V.G vs The Mavelikkara Taluk Co-Operative ...

Kerala High Court

Raveendran V.G vs The Mavelikkara Taluk Co-Operative ... on 21 May, 2024

Author: Devan Ramachandran

Bench: Devan Ramachandran

                  IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
               THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
           Tuesday, the 21st day of May 2024 / 31st Vaisakha, 1946
                         WP(C) NO. 13901 OF 2024(K)
PETITIONERS:

  1. RAVEENDRAN V.G., AGED 72 YEARS, S/O. K.R. GOPALAN, HIMADRI,
     KOTTARKAVU, MAVELIKKARA P.O., ALAPPUZHA, PIN - 690101

     AND 3 OTHERS

RESPONDENTS:

  1. THE MAVELIKKARA TALUK CO-OPERATIVE BANK LTD.NO. 707, MAVELIKARA
     P.O., REPRESENTED BY ITS SECRETARY, PIN - 690101

     AND 4 OTHERS


     Writ petition (civil) praying inter alia that in the circumstances
stated in the affidavit filed along with the WP(C) the High Court be
pleased to direct 1st respondent to revise Exts. P5 and 6 lists
incorporating the petitioners and their deposits:- Fixed, Cumulative as
also Savings Bank as specifically described in Ext. P2 in the appropriate
position in the Ext. P5 and P6 lists and effect payments to them on their
turn as directed in Ext. P4 judgment, pending disposal of the Writ
Petition (Civil).

     This petition again coming on for orders upon perusing the petition
andthe affidavit filed in support of WP(C) and this Court's order dated
12-04-2024 and upon hearing the arguments of M/S. K.SASIKUMAR, S.ARAVIND,
P.S.RAGHUKUMAR, ANITHA CHANDRAN, Advocates for the petitioners and of M/S.
ASHOK SHENOY B., P.S.GIREESH, SALIH P.A., THEJALAKSHMI R.S., UMASANKER
U.U., Advocates for the respondents 1 & 2, the court passed the following:


                                                                     p.t.o
                DEVAN RAMACHANDRAN, J.
          --------------------------------------------------
   WP(C) Nos.37716/2023, 43123/2023, 13294/2024,
         13901/2024, 10096/2024 & 18002/2024
          --------------------------------------------------
             Dated this the 21st day of May, 2024


                           O R D E R

Read order dated 12.04.2024.

WP(C)Nos.37716/2023 & 10096/2024 Sri.P.P.Thajudheen - learned Senior Government Pleader, submits that the Sale Officer has been able to recover nearly Rs.24.76 Crores from 01.10.2023 to 01.04.2024.

Sri.P.C.Sasidharan - learned Standing Counsel for the Society seeks time to verify the afore, as also as to the modality of making payment to the petitioners. WP(C)Nos.43123/2023, 13294/2024, 13901/2024 & 18002/2024 Sri.P.P.Thajudheen submits that certain amendments are being proposed by the Government in the Kerala Co-operative Societies Act and Rules; and that he will be able to inform this Court about its progress by the next posting date.

WP(C)37716/23 and connected 2 Sri.K.Sasikumar - learned counsel for the petitioner in WP(C)No.43123/2023, however, submitted that his client has a specific case that the control of Reserve Bank of India is imperative on all Co-operative Societies and that it is statutorily mandated.

Be that as it may, this Court is certain that the amendments now proposed by the Government require to be placed on record, so that a comprehensive evaluation can be made in due course.

In the meanwhile, before the next posting date, each of the Co-operative Societies involved in these cases will attempt to make substantial payments to the petitioners and if not, will inform this Court as to why it has not been done through appropriate affidavits.

Post these cases for further consideration on 04.06.2024.

Sd/-

DEVAN RAMACHANDRAN, RR JUDGE 21-05-2024 /True Copy/ Assistant Registrar