P.Rajamma vs State Of Kerala
2021 Latest Caselaw 16998 Ker

             IN THE HIGH COURT OF KERALA AT ERNAKULAM
                             PRESENT
             THE HONOURABLE MR.JUSTICE C.T.RAVIKUMAR
                                  &
          THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN
    THURSDAY, THE 12TH DAY OF AUGUST 2021 / 21ST SRAVANA, 1943
                        WA NO. 260 OF 2021
 AGAINST THE JUDGMENT IN WP(C) 22510/2020 OF HIGH COURT OF KERALA
APPELLANTs/PETITIONERS IN THE W.P.(C):

    1     P.RAJAMMA, AGED 87 YEARS
          W/O LATE P. MADHAVA KURUP OF KOCHUMADAM,
          OPPOSITE K.S.R.T.C BUS STATION,
          MAVELIKKARA P.O, ALAPPUZHA DISTRICT, PINCODE-690 101
          AND NOW RESIDING AT SINDOORAM, BEHIND THE COURT,
          MAVELIKKARA P.O.ALAPPUZHA DISTRICT, PIN CODE-690 101.

    2     SANDHYA VINAYAN, AGED 52 YEARS
          W/O VINAYAN M, OF SINDOORAM, BEHIND THE COURT,
          MAVELIKKARA P.O.ALAPPUZHA DISTRICT, PIN CODE-690 101.

          BY ADV D.GANESH KUMAR



RESPONDENT/RESPONDENTS IN THE W.P(C):

    1     STATE OF KERALA
          REPRESENTED BY THE SECRETARY,
          DEPARTMENT OF CO-OPERATION, GOVERNMENT OF KERALA,
          SECRETARIAT, THIRUVANANTHAPURAM DISTRICT,PINCOE-695
          001.

    2     THE REGISTRAR OF CO-OPERATIVE SOCIETIES,
          THIRUVANANTHAPURAM-695 001.

    3     THE JOINT REGISTRAR,
          OFFICE OF THE JOINT REGISTRAR, CO-OPERATIVE SOCIETY
          (GENERAL), TECHI ANGALMMAN COMPLEX, OPP ST ANTONYS
          SCHOOL, THIRUVAMBADI, ALAPPUZHA-688 002.

    4     PRESIDENT,
          MAVELIKKARA TALUK CO-OPERATIVE BANK LTD NO 707,
          MAVELIKKARA P.O.ALAPPUZHA-690 101.
 WA NO. 260 OF 2021         ..2..




   5    MAELIKKARA TALUK CO-OPERATIVE BANK LTD NO
        707, MAVELIKKARA P.O., ALAPPUZHA-690 101,
        REPRESENTED BY ITS SECRETARY.

        BY ADVS.
        GOVERNMENT PLEADER SRI.T.K.VIPINDAS
        SRI.B.ASHOK SHENOY
        SRI.P.S.GIREESH
        SRI.RIYAL DEVASSY
        SHRI.DR.ABHILASH O.U.



     THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON
12.08.2021, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
 WA NO. 260 OF 2021          ..3..



                     JUDGMENT

RAVIKUMAR,J.

This appeal is filed against the judgment dated

18.12.2020 in W.P.(C) No.22510 of 2020. The

petitioner therein is the appellant. The writ petition

was filed seeking a direction to the 3rd respondent to

consider Ext.P9 representation and also for further

direction to the Mavelikkara Taluk Co-operative

Bank Ltd No.707 to disburse the amount deposited

by the appellant.

2. The learned Single Judge, after hearing the

learned counsel on both sides and perusing the rival

pleadings, and took note of the fact that, availing

the provisions under Section 69 of the Kerala Co-

operative Societies Act, the petitioners therein/the

appellants herein, have already filed WA NO. 260 OF 2021 ..4..

A.R.C.No.748/2020 and it is pending. In such

circumstances, the writ petition was disposed of

directing the 3rd respondent herein, before whom

A.R.C. No.748/2020 is pending to expedite the

proceedings and to take the matter to its logical

conclusion within a period of six months from the

date of completion of service.

3. When this matter is taken up for

consideration today, it is submitted by the learned

Counsel for the appellants as also the learned

Counsel appearing for respondents 4 and 5 that

A.R.C.No.748/2020 is still pending. In such

circumstances, we do not think it proper and just to

deviate from the view taken by the learned Single

Judge in passing the impugned judgment. When a

statutory remedy is availed by the parties and it is

pending consideration before the competent forum WA NO. 260 OF 2021 ..5..

on the same subject matter, a writ petition cannot

be maintained. It is virtually the said view which

culminated in the disposal of the writ petition in the

aforesaid manner.

In such circumstances, we do not find any

illegality or perversity in the impugned judgment.

Hence, the writ appeal stands dismissed.

Sd/-

C.T.RAVIKUMAR JUDGE

Sd/-

MURALI PURUSHOTHAMAN JUDGE SB/12/08/2021

//true copy //

P.A To Judge WA NO. 260 OF 2021 ..6..

APPENDIX OF WA 260/2021

PETITIONER ANNEXURE

ANNEXURE A1 TRUE COPY OF JUDGMENT DATED 9.3.2020 IN WPC NO 25478 OF 2019 PASSED BY THE HIGH COURT OF KERALA

ANNEXURE A2 TRUE COPY OF JUDGMENT DATED 14.10.2020 IN WA NO 1248 OF 2020 PASSED BY THE HIGH COURT OF KERALA

ANNEXURE A3 ORIGINAL DEPOSIT CERTIFICATE BEARING NO.003587 HAVING CD NO.3474/2014-15 DATED 19.01.2015 FOR AN AMOUNT OF RS.9,50,000/- STANDS IN THE NAME OF P.RAJAMMA & SANDHYA VINAYAN