Kerala High Court
Sam K T vs State Of Kerala on 1 October, 2024
Author: N.Nagaresh
Bench: N.Nagaresh
2024:KER:73697
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
TUESDAY, THE 1ST DAY OF OCTOBER 2024 / 9TH ASWINA, 1946
WP(C) NO. 28946 OF 2024
PETITIONER:
SIVADASAN P
AGED 68 YEARS, S/O K N PURUSHOTAMAN,
SHIVASYLAM, CHERIYANAD P.O, CHENAGNNUR,
ALAPPUZHA, PIN - 689 511.
BY ADVS.
P.VINODKUMAR
PARVATHI VENUGOPAL
RESPONDENTS:
1 STATE OF KERALA
REP BY THE SECRETARY,
DEPARTMENT OF COOPERATION,
SECRETRIATE,THIRUVANTHAPURAM,
PIN - 695 001.
2 THE REGISTRAR
DEPARTMENT OF CO-OPERATION,
OFFICE OF THE REGISTRAR OF CO-OPERATIVE
SOCIETIES JAWAHAR SAHAKARANA BHAVAN,
THYCAUD P.O, THIRUVANATHAPURAM,
PIN - 695 014.
W.P.(C)No.28946 of 2024
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3 THE JOINT REGISTRAR.
CO-OPERATIVE SOCIETIES, MULLACKAL,
ALAPPUZHA, PIN - 688 011.
4 THE PULIYOOR CO-OPERATIVE BANK LTD
A109, PERISSERY P.O,CHANGANNUR ,
ALAPPUZHA , REP BY ITS SECRETARY,
PIN - 689 126.
5 THE DISTRICT CO-OPERATIVE BANK
HEAD OFFICE,P.B.NO 104
OPP MUNCIPAL TOWN HALL,CHUNGAM,
ALAPPUZHA REP BY ITS GENERAL MANAGER.,
PIN - 688 011.
BY ADVS.
P. THOMAS GEEVERGHESE
THOMAS ABRAHAM, FOR R5
TONY THOMAS (INCHIPARAMBIL)(K/810/2010)
P.P. THAJUDHEEN, SPECIAL GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD
ON 01.10.2024, ALONG WITH WP(C).29375/2024 AND CONNECTED
CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C)No.28946 of 2024
and connected cases 2024:KER:73697
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
TUESDAY, THE 1ST DAY OF OCTOBER 2024 / 9TH ASWINA, 1946
WP(C) NO. 28979 OF 2024
PETITIONER:
SAM K T
AGED 52 YEARS, S/O THANKACHAN,
KATTINTAYYATH AJIN BHAVANAM, PULIYOOR P.O,
CHENAGNNUR, ALAPPUZHA, PIN - 689 510.
BY ADVS.
P.VINODKUMAR
PARVATHI VENUGOPAL
RESPONDENTS:
1 STATE OF KERALA
REP BY THE CHIEF SECRETARY, SECRETARIAT,
THIRUVANATHAPURAM, PIN - 695 001.
2 THE REGISTRAR
DEPARTMENT OF CO-OPERATION,
OFFICE OF THE REGISTRAR OF CO- OPERATIVE
SOCIETIES JAWAHAR SAHAKARANA BHAVAN,
THYCAUD P.O, THIRUVANATHAPURAM,
PIN - 695 014.
3 THE JOINT REGISTRAR
OF CO-OPERATIVE SOCIETIES, MULLACKAL,
ALAPPUZHA, PIN - 688 011.
W.P.(C)No.28946 of 2024
and connected cases 2024:KER:73697
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4 THE PULIYOOR CO-OPERATIVE BANK LTD
A109, PERISSERY P.O,CHANGANNUR , ALAPPUZHA ,
REP BY ITS SECRETARY., PIN - 689 126.
5 THE DISTRICT CO-OPERATIVE BANK
HEAD OFFICE,P.B.NO 104 OPP MUNCIPAL TOWN HALL,
CHUNGAM,ALAPPUZHA REP BY ITS GENERAL MANAGER.,
PIN - 688 011.
BY ADVS.
P. THOMAS GEEVERGHESE, FOR R4
TONY THOMAS (INCHIPARAMBIL)(K/810/2010)
THOMAS ABRAHAM, FOR R5
P.P. THAJUDHEEN, SPECIAL GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD
ON 01.10.2024, ALONG WITH WP(C).29375/2024 AND CONNECTED
CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C)No.28946 of 2024
and connected cases 2024:KER:73697
:5:
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
TUESDAY, THE 1ST DAY OF OCTOBER 2024 / 9TH ASWINA, 1946
WP(C) NO. 29225 OF 2024
PETITIONERS:
1 JULI BABY
AGED 47 YEARS, W/O P T VARGHESE,
PLANTHARAYIL HOUSE, PERISSERY P.O,
CHANGANNUR , ALAPPUZHA, PIN - 689 126.
2 P T VARGHESE
AGED 54 YEARS, S/O LATE THOMAS,
PLANTHARAYIL HOUSE, PERISSERY P.O,
CHANGANNUR , ALAPPUZHA, PIN - 689 126.
3 SARAMMA THOMAS
AGED 80 YEARS, W/O LATE THOMAS.
PLANTHARAYIL HOUSE, PERISSERY P.O,
CHANGANNUR , ALAPPUZHA, PIN - 689 126.
BY ADVS.
P.VINODKUMAR
PARVATHI VENUGOPAL
RESPONDENTS:
1 STATE OF KERALA
REP BY THE CHIEF SECRETARY, SECRETARIAT,
THIRUVANATHAPURAM, PIN - 695 001.
2 THE REGISTRAR
DEPARTMENT OF CO-OPERATION, OFFICE OF THE
REGISTRAR OF CO-OPERATIVE SOCIETIES JAWAHAR
W.P.(C)No.28946 of 2024
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SAHAKARANA BHAVAN, THYCAUD P.O,
THIRUVANATHAPURAM, PIN - 695 014.
3 THE JOINT REGISTRAR
CO-OPERATIVE SOCIETIES, MULLACKAL,
ALAPPUZHA, PIN - 688 011.
4 THE PULIYOOR CO-OPERATIVE BANK LTD
A109, PERISSERY P.O,CHANGANNUR , ALAPPUZHA ,
REP BY ITS SECRETARY., PIN - 689 126.
5 THE DISTRICT CO-OPERATIVE BANK
HEAD OFFICE,P.B.NO 104 OPP MUNCIPAL TOWN
HALL,CHUNGAM,ALAPPUZHA REP BY ITS
GENERAL MANAGER, PIN - 688 011.
BY ADVS.
P. THOMAS GEEVERGHESE, FOR R4
TONY THOMAS (INCHIPARAMBIL)(K/810/2010)
THOMAS ABRAHAM, FOR R5
P.P. THAJUDHEEN, SPECIAL GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD
ON 01.10.2024, ALONG WITH WP(C).29375/2024 AND CONNECTED
CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C)No.28946 of 2024
and connected cases 2024:KER:73697
:7:
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
TUESDAY, THE 1ST DAY OF OCTOBER 2024 / 9TH ASWINA, 1946
WP(C) NO. 29276 OF 2024
PETITIONERS:
1 K.C RAJANATHAN
AGED 72 YEARS, S/O CHELLAPPA KARNAVAR
KOTTAKKATTIL DHANYA BHAVAN, NEDUVARAMCODE P.O,
CHANGANNUR , ALAPPUZHA, PIN - 689 508.
2 VALSALA KUMARI S
AGED 68 YEARS, W/O K.C RAJANATHAN,
KOTTAKKATTU DHANYA BHAVAN, NEDUVARAMCODE P.O,
CHANGANNUR , ALAPPUZHA, PIN - 689 508.
3 SREERAJ
AGED 34 YEARS, S/O K.C RAJANATHAN,
KOTTAKKATTU DHANYA BHAVAN, NEDUVARAMCODE P.O,
CHANGANNUR , ALAPPUZHA, PIN - 689 508.
BY ADVS.
P.VINODKUMAR
PARVATHI VENUGOPAL
RESPONDENTS:
1 STATE OF KERALA
REP BY THE CHIEF SECRETARY, SECRETARIAT,
THIRUVANATHAPURAM, PIN - 695 001.
2 THE REGISTRAR
DEPARTMENT OF CO-OPERATION,
W.P.(C)No.28946 of 2024
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OFFICE OF THE REGISTRAR OF CO-OPERATIVE
SOCIETIES JAWAHAR SAHAKARANA BHAVAN,
THYCAUD P.O, THIRUVANATHAPURAM, PIN - 695 014.
3 THE JOINT REGISTRAR
CO-OPERATIVE SOCIETIES, MULLACKAL,
ALAPPUZHA, PIN - 688 011.
4 THE PULIYOOR CO-OPERATIVE BANK LTD.
A109, PERISSERY P.O,CHANGANNUR ,
ALAPPUZHA REP BY ITS SECRETARY.,
PIN - 689 126.
5 THE DISTRICT CO-OPERATIVE BANK
HEAD OFFICE,P.B.NO 104 OPP MUNCIPAL TOWN
HALL,CHUNGAM,ALAPPUZHA REP BY ITS
GENERAL MANAGER., PIN - 688 011.
BY ADVS.
P. THOMAS GEEVERGHESE, FOR R4
TONY THOMAS (INCHIPARAMBIL)(K/810/2010)
THOMAS ABRAHAM, FOR R5
P.P. THAJUDHEEN, SPECIAL GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD
ON 01.10.2024, ALONG WITH WP(C).29375/2024 AND CONNECTED
CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C)No.28946 of 2024
and connected cases 2024:KER:73697
:9:
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
TUESDAY, THE 1ST DAY OF OCTOBER 2024 / 9TH ASWINA, 1946
WP(C) NO. 29316 OF 2024
PETITIONERS:
1 RADHA KRISHNA PILLAI
AGED 65 YEARS, S/O KISHNA PILLAI,
VATHILETHU CHITHIRA HOUSE, PULIYOOR
P.O,CHANGANNUR , ALAPPUZHA, PIN - 689 510.
2 KALA RADHAKRISHNAN
AGED 51 YEARS, W/O RADHA KRISHNA PILLAI,
VATHILETHU CHITHIRA HOUSE, PULIYOOR
P.O,CHANGANNUR , ALAPPUZHA, PIN - 689 510.
3 RESHMA KRISHNAN
AGED 30 YEARS, D/O KALA RADHAKRISHNAN.
VATHILETHU CHITHIRA HOUSE,
PULIYOOR P.O,CHANGANNUR , ALAPPUZHA,
PIN - 689 510.
BY ADVS.
P.VINODKUMAR
PARVATHI VENUGOPAL
RESPONDENTS:
1 STATE OF KERALA
REP BY THE CHIEF SECRETARY, SECRETARIAT,
THIRUVANATHAPURAM-695001, PIN - 695 001.
W.P.(C)No.28946 of 2024
and connected cases 2024:KER:73697
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2 THE REGISTRAR
DEPARTMENT OF CO-OPERATION,
OFFICE OF THE REGISTRAR OF CO-OPERATIVE
SOCIETIES JAWAHAR SAHAKARANA BHAVAN,
THYCAUD P.O, THIRUVANATHAPURAM, PIN - 695 014.
3 THE JOINT REGISTRAR
CO-OPERATIVE SOCIETIES, MULLACKAL,
ALAPPUZHA, PIN - 688 011.
4 THE PULIYOOR CO-OPERATIVE BANK LTD
A109, PERISSERY P.O,CHANGANNUR ,
ALAPPUZHA REP BY ITS SECRETARY,
PIN - 689 126.
5 THE DISTRICT CO-OPERATIVE BANK
HEAD OFFICE,P.B.NO 104 OPP MUNCIPAL TOWN
HALL,CHUNGAM,ALAPPUZHA, REP BY ITS
GENERAL MANAGER., PIN - 688 011.
BY ADVS.
P. THOMAS GEEVERGHESE, FOR R4
TONY THOMAS (INCHIPARAMBIL)(K/810/2010)
THOMAS ABRAHAM, FOR R5
P.P. THAJUDHEEN, SPECIAL GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD
ON 01.10.2024, ALONG WITH WP(C).29375/2024 AND CONNECTED
CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C)No.28946 of 2024
and connected cases 2024:KER:73697
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
TUESDAY, THE 1ST DAY OF OCTOBER 2024 / 9TH ASWINA, 1946
WP(C) NO. 29359 OF 2024
PETITIONER:
MALLIKA BHATTATHIRI
AGED 69 YEARS, D/O ARYAN BHATTATHIRI,
PARAMPOOR, PERISSERY P.O, CHENAGNNUR,
ALAPPUZHA., PIN - 689 126.
BY ADVS.
P.VINODKUMAR
PARVATHI VENUGOPAL
RESPONDENTS:
1 STATE OF KERALA
REP BY THE CHIEF SECRETARY,
SECRETARIAT, THIRUVANATHAPURAM,
PIN - 695 001.
2 THE REGISTRAR
DEPARTMENT OF CO-OPERATION,
OFFICE OF THE REGISTRAR OF CO-OPERATIVE
SOCIETIES JAWAHAR SAHAKARANA BHAVAN,
THYCAUD P.O, THIRUVANATHAPURAM,
PIN - 695 014.
3 THE JOINT REGISTRAR
CO-OPERATIVE SOCIETIES, MULLACKAL,
ALAPPUZHA, PIN - 688 011.
W.P.(C)No.28946 of 2024
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4 THE PULIYOOR CO-OPERATIVE BANK LTD
A109, PERISSERY P.O,CHANGANNUR ,
ALAPPUZHA REP BY ITS SECRETARY,
PIN - 689 126.
5 THE DISTRICT CO-OPERATIVE BANK
HEAD OFFICE,P.B.NO 104 OPP MUNCIPAL TOWN
HALL,CHUNGAM,ALAPPUZHA REP BY ITS
GENERAL MANAGER., PIN - 688 011.
BY ADVS.
P. THOMAS GEEVERGHESE, FOR R4
TONY THOMAS (INCHIPARAMBIL)(K/810/2010)
THOMAS ABRAHAM, FOR R5
P.P. THAJUDHEEN, SPECIAL GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD
ON 01.10.2024, ALONG WITH WP(C).29375/2024 AND CONNECTED
CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C)No.28946 of 2024
and connected cases 2024:KER:73697
:13:
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
TUESDAY, THE 1ST DAY OF OCTOBER 2024 / 9TH ASWINA, 1946
WP(C) NO. 29375 OF 2024
PETITIONERS:
1 BABU S KUMAR
AGED 55 YEARS, S/O RAMAKRISHNA PILLAI,
PAZHAMPALLIL HOUSE, PULIYOOR P.O,
CHANGANNUR , ALAPPUZHA.689510, PIN - 689 510.
2 ASWATHI DEVI
AGED 45 YEARS, W/OBABU S KUMAR,
PAZHAMPALLIL HOUSE, PULIYOOR P.O,
CHANGANNUR , ALAPPUZHA, PIN - 689 510.
3 RAJAMMA
AGED 72 YEARS, W/O LATE RAMAKRISHNA PILLAI.
PAZHAMPALLIL HOUSE, PULIYOOR P.O,
CHANGANNUR , ALAPPUZHA, PIN - 689 510.
BY ADVS.
P.VINODKUMAR
PARVATHI VENUGOPAL
RESPONDENTS:
1 STATE OF KERALA
REP BY THE CHIEF SECRETARY,
SECRETARIAT, THIRUVANATHAPURAM,
PIN - 695 001.
W.P.(C)No.28946 of 2024
and connected cases 2024:KER:73697
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2 THE REGISTRAR
DEPARTMENT OF CO-OPERATION,
OFFICE OF THE REGISTRAR OF CO-OPERATIVE
SOCIETIES JAWAHAR SAHAKARANA BHAVAN,
THYCAUD P.O, THIRUVANATHAPURAM,
PIN - 695 014.
3 THE JOINT REGISTRAR
CO-OPERATIVE SOCIETIES, MULLACKAL,
ALAPPUZHA, PIN - 688 011.
4 THE PULIYOOR CO-OPERATIVE BANK LTD
A109, PERISSERY P.O,CHANGANNUR ,
ALAPPUZHA REP BY ITS SECRETARY,
PIN - 689 126.
5 THE DISTRICT CO-OPERATIVE BANK
HEAD OFFICE,P.B.NO 104 OPP MUNCIPAL TOWN
HALL,CHUNGAM,ALAPPUZHA REP BY ITS
GENERAL MANAGER., PIN - 688 011.
BY ADVS.
P. THOMAS GEEVERGHESE, FOR R4
TONY THOMAS (INCHIPARAMBIL)(K/810/2010)
THOMAS ABRAHAM, FOR R5
P.P. THAJUDHEEN, SPECIAL GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD
ON 01.10.2024, ALONG WITH WP(C).28946/2024, 28979/2024 AND
CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
W.P.(C)No.28946 of 2024
and connected cases 2024:KER:73697
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JUDGMENT
Dated this the 1st day of October, 2024 [W.P.(C) Nos.28946, 28979, 29225, 29276, 29316, 29359, 29375 of 2024] These writ petitions have been filed by the petitioners, who have made Fixed Deposits in the respective Co-operative Societies / Banks. Some of the petitioners have deposits in SB Accounts also.
2. Due to various factors, the Co-operative Societies / Banks are in financial doldrums and are not in a position to honour Fixed Deposits on their maturity or the cheques drawn by the petitioners to withdraw amounts from their Savings Bank Accounts. The petitioners are therefore before this Court seeking to direct the Societies / Banks to release the Fixed Deposit / SB Deposit amounts to the petitioners forthwith. W.P.(C)No.28946 of 2024 and connected cases 2024:KER:73697 :16:
3. The counsel for the petitioners would urge that though a statutory remedy under Section 69 of the Co-operative Societies Act is available to the petitioners, the said remedy is not an efficacious alternate remedy. A Division Bench of this Court in Gandhigram Agro Based Industrial Co-operative Society Limited v. Marangattupilly Service Co-operative Bank Limited and others [2019 (2) KLJ 908] has held that a writ petition is maintainable when the Co-operative Societies / Banks refuse to repay the amounts deposited by members of the Society.
4. The Special Government Pleader representing the State would contend that a Division Bench of this Court has held in the judgment in Meenachil Rubber Marketing and Processing Co-operative Society Limited and others v. The Choondachery Service Co-operative Bank Limited No.167 and others [2018 (2) KHC 180] that a dispute between a Society and its member relating to any transaction connected W.P.(C)No.28946 of 2024 and connected cases 2024:KER:73697 :17: to the Society, should be resolved through arbitral proceedings provided under Section 69 of the Kerala Co-operative Societies Act. A writ petition under Article 226 of the Constitution of India is not maintainable in such commercial transactions.
5. Be that as it may, the fact remains that the hard earned money of the petitioners deposited with the Co-operative Societies / Banks cannot be withdrawn now in view of the financial condition of the Societies / Banks.
6. The Government of Kerala, taking note of the peculiar situation in the Co-operative sector, has taken measures to offer financial assistance to the Co-operative Societies for the purpose of reviving the Co-operative Societies which are financially weaker or remain in dormant position due to extraordinary situation.
7. The Government of Kerala, in exercise of the powers conferred by Section 57E of the Kerala Co-operative Societies Act, 1969, has framed the Kerala Co-operative Revival Fund W.P.(C)No.28946 of 2024 and connected cases 2024:KER:73697 :18: Scheme, 2024. The Scheme has been notified as per Notification GO(P) No.168/2024/Co-op dated 29.08.2024.
8. Paragraph 4 of the Kerala Co-operative Revival Fund Scheme, 2024 reads as follows:
4. Terms and Conditions for providing financial assistance -
(1) A Co-operative Society registered under the Act shall be eligible to be considered for the benefits under this Scheme.
(2) When a Society's operations has become sluggish due to operational inefficiencies, lack of working capital and short-term liquidity issues, it shall formulate a revival scheme.
(3) Only those Co-operative Societies that are weaker or remain dormant but viable and capable of gaining strength shall be considered for revival. (4) In addition to the financial assistance that may be provided from the Scheme, societies facing crisis are also eligible to utilize any reserve funds they have accumulated, subject to conditions if any specified by the Registrar.
(5) The amount sanctioned under the Scheme shall be granted a moratorium on repayment for the first two years. The repayment period ranges from five to ten years. The State High Level Committee shall be competent to determine the instalment structure and interest rates from time to time.
(6) Application Form for availing financial assistance from this Scheme shall be as specified by the Registrar.
In view of the Co-operative Revival Fund Scheme, 2024, the Co-operative Societies / Banks concerned in these writ W.P.(C)No.28946 of 2024 and connected cases 2024:KER:73697 :19: petitions can make appropriate application for the benefits under the Scheme, with the aid of which the Societies / Banks can discharge their liabilities towards the FD/SB Deposit holders.
9. Furthermore, the Co-operative Department, Government of Kerala has issued GO(P) No.175/2024/Co-op dated 03.09.2024 inserting paragraph 5A in the Kerala Co-operative Deposit Guarantee Scheme, 2018. Paragraph 5A reads as follows:-
"5 A. Assistance to a guaranteed Society:-
(1) The Board may provide an assistance to a guaranteed Society (not under liquidation/defunct) as advance or loan to refund the deposits to depositors. (2) The application for assistance shall be recommended by the Registrar of Co-operative Societies and shall contain a revival package duly certified by the Registrar of Co-operative Societies. (3) The loan shall be repaid within a period of maximum seven years as suggested in revival package and recommended by Registrar of Co- operative Societies.
(4) The interest rate of such assistance shall be 1% in excess of fixed deposits maintained by Kerala State Co-operative Bank from time to time. (5) Securities and assets of the Society concerned equivalent to the assistance sanctioned shall be pledged to the Board as per the suggestion in the revival package.W.P.(C)No.28946 of 2024
and connected cases 2024:KER:73697 :20: (6) The Director Board of Kerala Co-operative Deposit Guarantee Fund Board shall be the final authority to sanction the assistance. (7) The Board shall sanction the assistance subject to the following conditions:-
(a) The Board shall sanction the assistance only up to a maximum of 50% of the total contribution collected during the previous financial year.
(b) Application for the assistance shall be submitted through the Registrar of Co-operative Societies. The application and revival package shall be scrutinized and recommended by the District Level Committee consisting of Joint Registrar of Co-
operative Societies (General), Joint Director of Co- operative Societies (Audit), Assistant Registrar of Co- operative Societies (General) concerned, and submit it to the Registrar of Co-operative Societies and forward the same to Kerala Co-operative Deposit Guarantee Fund Board with proper recommendation.
(c) The application submitted by the Society to Assistant Registrar (General) concerned shall submit to District Level Committee within 7 days on receipt of application. The District Level Committee shall submit the same to the Registrar of Co- operative Societies within 7 days. The Kerala Co- operative Deposit Guarantee Fund Board shall sanction the assistance within 15 days.
(d) The repayment of such advance/loan shall begin from second year. Interest shall be paid from 4th year. Principal amount and the interest shall be repaid fully within the completion of 7 th year as suggested in the revival package.
(e) The advance sanctioned by the Board shall only be utilized for refund of deposits. The Board shall have the power to verify that this condition has been duly complied with.
(f) There should be a District Level Committee consisting of Departmental officials as suggested in clause 7(b) including a representative of the Kerala Co-operative Deposit Guarantee Fund W.P.(C)No.28946 of 2024 and connected cases 2024:KER:73697 :21: Board to evaluate the progress of revitalization package implemented by the society once in every three months. The review report shall also be evaluated by the Director Board of the Board from time to time.
(g) If the society fails to execute the revival package the board have power to demand immediate refund.
(h) The loan sanctioned as per the package can be refunded fully if the society become financially sound before the loan period.
(i) Save as otherwise provided in clause (a) above, the Board may sanction the assistance up to a maximum of 50% of the total fund available in the scheme during the first year subject to other conditions."
In view of insertion of paragraph 5A, the benefits of the Kerala Co-operative Deposit Guarantee Scheme, 2018 can be availed by the Co-operative Societies / Banks involved in these writ petitions though such Societies / Banks are not under liquidation or are not defunct.
10. In view of the Kerala Co-operative Revival Scheme, 2024 and in view of the amendment made to the Kerala Co-operative Deposit Guarantee Scheme, 2018, I am of the view that the Co-operative Societies / Banks concerned in these writ petitions, can avail the benefit of the Schemes in W.P.(C)No.28946 of 2024 and connected cases 2024:KER:73697 :22: order to discharge their liability towards the petitioners in these writ petitions.
11. These writ petitions are accordingly disposed of with the following directions:-
(i) The Co-operative Societies / Banks in these writ petitions are directed to prepare a project document for revival under the Kerala Co-operative Revival Fund Scheme, 2024 and submit the same to the State High Level Committee through the Registrar with a recommendation from the District Level Monitoring Committee. The Co-operative Societies / Banks shall submit such Scheme within a period of six weeks from today.
(ii) The Scheme along with the
recommendation of the District Level
Monitoring Committee should be forwarded to W.P.(C)No.28946 of 2024 and connected cases 2024:KER:73697 :23: the State High Level Committee through the Registrar within a further period of four weeks.
The State High Level Committee shall scrutinise and process the Applications and make necessary recommendation for sanctioning of the amount in specified conditions.
(iii) The Societies / Banks are further directed to make a proposal / Scheme for availing funds under the Kerala Co-operative Deposit Guarantee Scheme, 2018 in accordance with the provisions of the revised Regulations / Scheme under G.O.(P) No.175/2024/Co-op dated 03.09.2024. Such proposal shall be made within a period of six weeks.
(iv) In the meanwhile, the Societies / Banks / Administrators / Administrative Committees will W.P.(C)No.28946 of 2024 and connected cases 2024:KER:73697 :24: be at liberty to recover the amounts otherwise due to the Banks through the ordinary means under the Kerala Co-operative Societies Act, 1969 and the Societies will be at liberty to repay the Fixed Deposits / Savings Bank Deposits to the petitioners as per the priorities followed by the Societies.
Sd/-
N. NAGARESH JUDGE AMR W.P.(C)No.28946 of 2024 and connected cases 2024:KER:73697 :25: APPENDIX OF WP(C) 28946/2024 PETITIONER'S EXHIBITS Exhibit P1 TRUE COPY OF THE FIXED DEPOSIT NO 17961 DATED 24/11/2023 AND DUE ON 24/5/2024. Exhibit 2 TRUE COPY OF THE PETITION BEFORE THE RESPONDENTS 2 AND 3.
Exhibit P3 TRUE COPY OF THE CLAIM PETITION DATED 27/5/2024.
W.P.(C)No.28946 of 2024and connected cases 2024:KER:73697 :26: APPENDIX OF WP(C) 28979/2024 PETITIONER'S EXHIBITS Exhibit P1 TRUE COPY OF THE FIXED DEPOSIT RECEIPT NO.17862.
Exhibit P2 TRUE COPY OF THE PASS BOOK. Exhibit P3 TRUE COPY OF THE PETITION MADE BEFORE THE 2ND AND 3RD RESPONDENTS.
Exhibit P4 TRUE COPY OF THE CLAIM PETITION DATED 27/5/2024.
W.P.(C)No.28946 of 2024and connected cases 2024:KER:73697 :27: APPENDIX OF WP(C) 29225/2024 PETITIONERS' EXHIBITS Exhibit P1 TRUE COPY OF THE ORIGINAL FIXED DEPOSIT RECEIPT NO.11982 DATED 28-11-2011. Exhibit P2 TRUE COPY OF THE ORIGINAL DEPOSIT RECEIPT NO.16004 DATED 27-10-2016. Exhibit P3 TRUE COPY OF THE PETITION MADE BEFORE THE 2ND RESPONDENT.
Exhibit P4 TRUE COPY OF THE CLAIM PETITION DATED 27/5/2024.
W.P.(C)No.28946 of 2024and connected cases 2024:KER:73697 :28: APPENDIX OF WP(C) 29276/2024 PETITIONERS' EXHIBITS Exhibit P1 TRUE COPY OF THE ORIGINAL FIXED DEPOSIT RECEIPT 14801 DATED 19-12-2014.
Exhibit P2 TRUE COPY OF THE ORIGINAL DEPOSIT RECEIPT 14806 DATED19-12-2014.
Exhibit P3 TRUE COPY OF THE ORIGINAL DEPOSIT RECEIPT NO 14808 DATED19-12-2014. Exhibit P4 TRUE COPY OF THE ORIGINAL DEPOSIT RECEIPT NO 14805 DATED 19-12-2014. Exhibit P5 TRUE COPY OF THE ORIGINAL DEPOSIT RECEIPT NO 7256 DATED 22-1-2020.
Exhibit P6 TRUE COPY OF THE ORIGINAL DEPOSIT RECEIPT 14149 DATED 22-02-2014.
Exhibit P7 TRUE COPY OF THE ORIGINAL DEPOSIT 14343 RECEIPT DATED 21-05-2014.
Exhibit P8 TRUE COPY OF THE ORIGINAL DEPOSIT RECEIPT NO 14473 DATED 19-07-2014. Exhibit P9 TRUE COPY OF THE ORIGINAL DEPOSIT RECEIPT NO 14484 DATED 23-07-2014. Exhibit P10 TRUE COPY OF THE ORIGINAL DEPOSIT RECEIPT NO 17246 DATED 9-01-2020 Exhibit P11 TRUE COPY OF THE ORIGINAL DEPOSIT RECEIPT NO 17415 DATED 9-09-2020. Exhibit P12 TRUE COPY OF THE ORIGINAL DEPOSIT RECEIPT NO 17456 DATED 15-10-2020. W.P.(C)No.28946 of 2024 and connected cases 2024:KER:73697 :29: Exhibit P13 TRUE COPY OF THE ORIGINAL DEPOSIT RECEIPT N 14275 DATED 23-04-2014. Exhibit P14 TRUE COPY OF THE ORIGINAL DEPOSIT RECEIPT NO 14812 DATED 19-12-2014. Exhibit P15 TRUE COPY OF THE ORIGINAL DEPOSIT RECEIPT NO 15300 DATED 04-09-2015. Exhibit P16 TRUE COPY OF THE ORIGINAL DEPOSIT RECEIPT NO 15301 DATED 04-09-2015. Exhibit P17 TRUE COPY OF THE ORIGINAL DEPOSIT RECEIPT NO 15500 DATED 05-01-2016. Exhibit P18 TRUE COPY OF THE ORIGINAL DEPOSIT RECEIPT NO 17899 DATED 22-07-2022. Exhibit P19 TRUE COPY OF THE PETITION MADE BEFORE THE 2ND RESPONDENT.
Exhibit P20 TRUE COPY OF THE CLAIM PETITION DATED 27/5/2024.
W.P.(C)No.28946 of 2024and connected cases 2024:KER:73697 :30: APPENDIX OF WP(C) 29316/2024 PETITIONERS' EXHIBITS Exhibit P1 TRUE COPY OF THE ORIGINAL FIXED DEPOSIT RECEIPT NO 17933 DATED 24-08-2023. Exhibit P2 TRUE COPY OF THE ORIGINAL FIXED DEPOSIT RECEIPT NO 17934 DATED 24-08-2023. Exhibit P3 TRUE COPY OF THE PETITION BEFORE THE 2ND RESPONDENT.
Exhibit P4 TRUE COPY OF THE CLAIM PETITION DATED 27/5/2024.
W.P.(C)No.28946 of 2024and connected cases 2024:KER:73697 :31: APPENDIX OF WP(C) 29359/2024 PETITIONER'S EXHIBITS Exhibit P1 TRUE COPY OF THE FIXED DEPOSIT RECEIPT NO 16861.
Exhibit P2 TRUE COPY OF THE PETITION BEFORE THE 2ND & 3RD RESPONDENT.
Exhibit P3 TRUE COPY OF THE CLAIM PETITION DATED 27/5/2024.
W.P.(C)No.28946 of 2024and connected cases 2024:KER:73697 :32: APPENDIX OF WP(C) 29375/2024 PETITIONERS' EXHIBITS Exhibit P1 TRUE COPY OF THE ORIGINAL FIXED DEPOSIT RECEIPTNO 16224 DATED 27-05-2017. Exhibit P2 TRUE COPY OF THE ORIGINAL FIXED DEPOSIT RECEIPT NO 17477 DATED 28-10-2020. Exhibit P3 TRUE COPY OF THE ORIGINAL DEPOSIT RECEIPT NO 17959 DATED 13-11-2023. Exhibit P4 TRUE COPY OF THE PETITION MADE BEFORE THE 2ND AND 3RD RESPONDENT.
Exhibit P5 TRUE COPY OF THE CLAIM PETITION DATED 27/5/2024.