T.Prakash vs The Joint Registrar Of Co-Operative ...

Kerala High Court

T.Prakash vs The Joint Registrar Of Co-Operative ... on 23 May, 2024

Author: Devan Ramachandran

Bench: Devan Ramachandran

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
            THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
        THURSDAY, THE 23RD DAY OF MAY 2024 / 2ND JYAISHTA, 1946
                       WP(C) NO. 15712 OF 2024
PETITIONER:

            T.PRAKASH, AGED 57 YEARS, S/O THANKAPPAN,
            KAILASOM, KUZHIYINAL PUTHENVEEDU, MELOOD.P.O,
            PERINGANADU VILLAGE, PATHANAMTHITTA DIST,
            KERALA, PIN - 691554.

            BY ADVS.K.K.SETHUKUMAR
            NISHA MATHEW
            SARITHA G.R.
            SREEKRISHNADATH PANDARATHIL E.K.
            R.RAHUL
            MEENAKSHY V.S.


RESPONDENTS:

    1       THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES
            MINI CIVIL STATION, PATHANAMTHITTA,
            PATHANAMTHITTA .P.O PATHANAMTHITTA DISTRICT,
            PIN - 689645.

    2       THE ASST. REGISTRAR OF CO-OPERATIVE SOCIETIES
            REVENUE TOWER, ADOOR .P.O PATHANAMTHITTA DISTRICT,
            PIN - 691523.

    3       THE PAZHAKULAM SERVICE CO-OPERATIVE SOCIETY
            REP.BY ITS PRESIDENT, MELOOD.P.O,
            PERINGANADU VILLAGE, PATHANAMTHITTA DIST,
            KERALA, PIN - 691554.

    4       THE SECRETARY,
            PAZHAKULAM SERVICE CO-OPERATIVE SOCIETY MELOOD.P.O,
            PERINGANADU VILLAGE PATHANAMTHITTA DIST,
            KERALA, PIN - 691554.

            BY ADV K.SHAJ, SC
            SMT.C.S.SHEEJA, SR.GP


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
23.05.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 15712 OF 2024
                                 -2-

                           JUDGMENT

The petitioner says that he has already tendered Ext.P3 cheque in favour of 'Pazhakulam Service Co-operative Society' ('Society', for short), in full and final settlement of his loan account, under the existing One Time Settlement Scheme. He thus prays that the respondent - Society, be directed to accept the said cheque and close his loan account, thus releasing the security and title documents to him without any further delay.

2. However, in response to the afore submissions of Sri.K.K.Sethukumar - learned counsel for the petitioner, the learned Standing Counsel for the Society - Sri.K.Shaj, submitted that Ext.P3 cheque has already been dishonoured for lack of funds; while the One Time Settlement offer was in force only until 31.03.2024. He submitted that, therefore, if the petitioner WP(C) NO. 15712 OF 2024 -3- requires any further relief, he will have to approach the Society again, however, with a sincere intent, rather than on he has done now, issuing a cheque - which he knows would be dishonoured.

3. There is no doubt that the afore stand of Sri.K.Shaj is the apposite in the given circumstances because, the petitioner cannot seek settlement of an account on the strength of a cheque which has been dishonoured. This is rather uncharitable and perhaps even mischievous. I do not propose to say anything further, taking into account the stated financial distress projected by the petitioner.

In the afore circumstances, I dispose of this Writ Petition, leaving liberty to the petitioner to approach the respondent - Society, with an appropriate offer for settlement of the loan account dehors Ext.P3; and if this is done WP(C) NO. 15712 OF 2024 -4- within a period of two weeks from the date of receipt of a copy of this judgment, the same shall be considered by the Society; and he communicated with the resultant order/proceedings without any further delay thereafter.

Until such time as the afore is done - in the event the petitioner invokes the liberty deserved to him above - and the resultant order is communicated to him by the Society, all recovery action against him will stand deferred.

Sd/-

DEVAN RAMACHANDRAN JUDGE akv WP(C) NO. 15712 OF 2024 -5- APPENDIX OF WP(C) 15712/2024 PETITIONER EXHIBITS EXHIBIT P1 TRUE COPY OF THE RELEVANT PAGES OF THE CIRCULAR NO. RCS/764L2023/AEL-0) DATED 31/10/2023 ISSUED BY THE REGISTRAR OF CO-OPERATIVE SOCIETIES EXHIBIT P2 TRUE COPY OF THE HAND WRITTEN STATEMENT ISSUED BY THE 4TH RESPONDENT EXHIBIT P3 TRUE COPY OF THE CHEQUE NO.76129 DATED 27/03/2024 OF SB ACCOUNT NO.2101 OF THE 3RD RESPONDENT SOCIETY EXHIBIT P4 TRUE COPY OF THE COMPLAINT DATED 27/03/2024 GIVEN TO THE 2ND RESPONDENT EXHIBIT P5 TRUE COPY OF THE COMPLAINT DATED 27/03/2024 GIVEN TO THE 2ND RESPONDENT BY SRI UDAYABHANU