K.P.Anil Kumar vs The Registrar Of Co-Operative ...
2021 Latest Caselaw 15926 Ker

          IN THE HIGH COURT OF KERALA AT ERNAKULAM
                            PRESENT
          THE HONOURABLE MR. JUSTICE SUNIL THOMAS
  MONDAY, THE 2ND DAY OF AUGUST 2021 / 11TH SRAVANA, 1943
                    WP(C) NO. 8995 OF 2021
PETITIONER/S:

          R. GOPALAKRISHNAN
          AGED 67 YEARS
          S/O.RAMAPANICKER,PANAPETTY,
          PORUVAZHI.P.O, KOLLAM.

          BY ADV B.MOHANLAL



RESPONDENT/S:

1 THE REGISTRAR OF CO-OPERATIVE SOCIETIES GOVERNMENT OF KERALA,STATUE, PALAYAM,THIRUVANANTHAPURAM-695003.

2 THE JOINT REGISTRAR (GENERAL)OF CO-OPERATIVE SOCIETIES, COLLECTORATE,CIVIL STATION.P.O, KOLLAM-691013.

3 THE SENIOR INSPECTOR OF CO-OPERATIVE SOCIETIES/SPECIAL SALE OFFICER, THE SASTHAMCOTTAH PRIMARY CO-OPERATIVE AGRICULTURE AND RURAL DEVELOPMENT BANK LTD.NO.Q- 373,SASTHAMCOTTA.P.O,KOLLAM-690521.

4 THE SASTHAMCOTTAH PRIMARY CO-OPERATIVE AGRICULTURE AND RURAL DEVELOPMENT BANK LTD.NO.Q- 373, SASTHAMCOTTAH.P.O, KOLLAM-690521, REPRESENTED BY ITS SECRETARY.

BY ADV SINDHU SANTHALINGAM

SR.GP.V.K.SUNIL

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 02.08.2021, ALONG WITH W.P.(C)NO.8996 OF 2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) NO. 8995 OF 2021 &

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE SUNIL THOMAS MONDAY, THE 2ND DAY OF AUGUST 2021 / 11TH SRAVANA, 1943 WP(C) NO. 8996 OF 2021 PETITIONER/S:

K.P.ANIL KUMAR AGED 50 YEARS S/O. PARAMESWARAN PILLAI, KAVIL VEEDU, THURUTHIKKARA P.O., KUNNATHOOR, KOLLAM DISTRICT.

BY ADV B.MOHANLAL

RESPONDENT/S:

1 THE REGISTRAR OF CO-OPERATIVE SOCIETTIES GOVERNMENT OF KERALA, STATUE, PALAYAM, THIRUVANANTHAPURAM-695 001.

2 THE JOINT REGISTRAR (GENERAL) OF CO-OPERATIVE SOCIETIES, COLLECTORATE, CUTCHERRY P.O., KOLLAM- 691 013.

3 THE ASSISTANT REGISTRAR/VALUATION OFFICER THE SASTHAMCOTTAH PRIMARY CO-OPERATIVE AGRICULTURE AND RURAL DEVELOPMENT BANK LTD.NO.Q-373 SASTHAMCOTTA P.O., KOLLAM-690 521.

4 THE SASTHAMCOTTAH PRIMARY CO-OPERATIVE AGRICULTURE AND RURAL DEVELOPMENT BANK LTD.NO.Q-373 SASTHAMCOTTAH P.O., KOLLAM-690 521, REPRESENTED BY ITS SECRETARY.

BY ADV SINDHU SANTHALINGAM

SR.GP.SRI.BIMAL K NATH

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 02.08.2021, ALONG WITH W.P.(C)NO.8995 OF 2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) NO. 8995 OF 2021 &

COMMON JUDGMENT

The petitioners had availed loans from the

Sasthamcottah Primary Co-operative Agricultural and Rural

Development Bank Ltd. Due to the default committed, liability

has increased. Coercive steps were initiated, pursuant to

which the petitioners approached this court seeking reliefs.

2. In W.P.(C).No.8996 of 2021, an interim stay was

granted, subject to the deposit of a sum of Rs.5,00,000/-

(Rupees five lakhs only). Interim stay was granted in W.P.

(C)No.8995 of 2021, subject to deposit of Rs.2,00,000/-

(Rupees two lakhs only). Inspite of many opportunities

granted, the petitioners have not remitted the amount as

ordered in both the cases. The learned counsel for the Bank,

opposing the prayer for reliefs, submitted that the liability has

increased considerably and that this is the third round of

litigation. The petitioners have not paid any substantial

amount towards the debt.

3. The learned counsel for the petitioners raised

contentions touching on the financial difficulties due to the WP(C) NO. 8995 OF 2021 &

spread of pandemic and relied on Ext.P14 filed along with

IA.No.1 of 2021. It was the proceedings of the Registrar of

Co-operative Societies dated 27.04.2021 addressed to the

society informing that the application submitted by the

petitioners herein dated 25.03.2021, which was enclosed

along with Ext.P14 may be considered favourably and

possible deductions and concessions may be given to the

petitioners. Having considered this, I am inclined to dispose

of the Writ Petition, with a direction to the bank to consider

the above representations and the direction in Ext.P14 and to

pass final orders on the actual amount till date with notice to

the petitioners as expeditiously as possible, at any rate,

within a period of one month from the date of receipt of a

copy of this judgment. Coercive steps if any, shall be kept

pending till the date of final order. The bank will be free to

proceed thereafter in accordance with law.

Writ Petitions are disposed of accordingly.

Sd/-

SUNIL THOMAS, JUDGE R.AV WP(C) NO. 8995 OF 2021 &

APPENDIX OF WP(C) 8995/2021

PETITIONER EXHIBITS

EXHIBIT P1 THE TRUE COPY OF THE RECEIPT DATED 31/03/2017 ISSUED BY THE 4TH RESPONDENT TO THE PETITIONER'S WIFE SMT.KAMALAM.

EXHIBIT P2 THE TRUE COPY OF THE NOTICE DATED 01/06/2018 ISSUED BY THE 4TH RESPONDENT TO THE PETITIONER AND HIS WIFE.

EXHIBIT P3 THE TRUE COPY OF THE NOTICE DATED 28/06/2018 ISSUED BY THE 3RD RESPONDENT TO THE PETITIONER AND HIS WIFE.

EXHIBIT P4 THE TRUE COPY OF THE JUDGMENT DATED 21/01/2019 IN W.P.(C)NO.23593/2018 OF THIS HON'BLE COURT.

EXHIBIT P5 THE TRUE COPY OF THE RECEIPT DATED 30/03/2019 ISSUED BY THE 4TH RESPONDENT TO THE PETITIONER AND HIS WIFE SMT.KAMALAM.

EXHIBIT P6 THE TRUE COPY OF THE APPLICATION SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT DATED 22/03/2021 AND ITS POSTAL RECEIPT DATED 27/03/20 WP(C) NO. 8995 OF 2021 &

APPENDIX OF W.P.(C).NO.8996 OF 2021

PETITIONER EXHIBITS

EXHIBIT P1 THE TRUE COPY OF THE JUDGMENT DATED 28.3.2014 IN WPC NO.8655/2014 OF THIS HON'BLE COURT.

EXHIBIT P2 THE TRUE COPY OF THE DEMAND NOTICE DATED 3.3.2015 ISSUED BY THE 4TH RESPONDENT TO THE PETITIONER.

EXHIBIT P3 THE TRUE COPY OF THE ORDER NO.CLT(4)32147/2015 DATED 16.7.2015 ISSUED BY THE IST RESPONDENT TO THE PETITIONER.

EXHIBIT P4 THE TRUE COPY OF THE ORDER NO.9/15 DATED NIL ISSUED BY THE 3RD RESPONDENT TO THE PETITIONER.

EXHIBIT P5 THE TRUE COPY OF THE APPLICATION DATED 28.12.2015 FILED BY THE PETITIONER BEFORE THE 3RD RESPONDENT.

EXHIBIT P6 THE TRUE COPY OF THE APPLICATION DATED 16.6.2016 FILED BY THE PETITIONER BEFORE THE IST RESPONDENT.

EXHIBIT P7 THE TRUE COPY OF THE JUDGMENT DATED 11.8.2016 IN WPC NO.26712/2016 OF THIS HON'BLE COURT.

EXHIBIT P8 THE TURE COPY OF THE ORDER NO.CLT(4) 32644/2016 DATED 26.10.2016 ISSUED BY THE IST RESPONDENT.

EXHIBIT P9 THE TRUE COPY OF THE APPLICATION DATED 25.2.2017 SUBMITTED BY THE PETITIONER BEFORE THE IST RESPONDENT.

EXHIBIT P10 THE TRUE COPY OF THE JUDGMENT DATED 24.3.2017 IN WPC NO.10125/2017 OF THIS HON'BLE COURT.

WP(C) NO. 8995 OF 2021 &

EXHIBIT P11 THE TRUE COPY OF THE NOTICE DATED 23.1.2021 ISSUED BY THE 3RD RESPONDENT TO THE PETITIONER.

EXHIBIT P12 THE TRUE COY OF THE INPATIENT BILL DATED 5.2.2021 ISSUED FROM SANJIVANI MULTI SPECIALTY HOSPITAL, CHEGANNUR TO THE PETITIONER.

EXHIBIT P13 THE TRUE COPY OF THE APPLICATION DATED 1.4.2021 FILED BY THE PETITIONER BEFORE THE IST RESPONDENT AND ITS POSTAL RECEIPT.