P.M.Thomas vs The Joint Registrar Of ...
2021 Latest Caselaw 17144 Ker

                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
                THE HONOURABLE MR. JUSTICE SUNIL THOMAS
     FRIDAY, THE 13TH DAY OF AUGUST 2021 / 22ND SRAVANA, 1943
                         WP(C) NO. 7625 OF 2021
PETITIONER/S:

    1     P.M.THOMAS
          AGED 76 YEARS
          S/O. MATHEW, PORATHOTT HOUSE, PULLADI P.O, THIRUVALLA,
          PATHANAMTHITTA DISTRICT.

    2     ELIYAMMA THOMAS
          AGED 66 YEARS
          W/O.P.M. THOMAS, PORATHOTT HOUSE, PULLADI P.O,
          THIRUVALLA.

          BY ADVS.
          K.MOHANAKANNAN
          SRI.H.PRAVEEN (KOTTARAKARA)
          SMT.T.V.NEEMA



RESPONDENT/S:

    1     THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES
          PATHANAMTHITTA - 689548.

    2     PULLAD SERVICE CO-OPERATIVE BANK LIMITED
          NO. 1375, PULLAD P.O, THIRUVALLA - 689548,

    3     ADMINISTRATIVE COMMITTEE
          PULLAD SERVICE CO-OPERATIVE BANK LIMITED, NO. 1375,
          PULLAD P.O, THIRUVALLA - 689548, REPRESENTED BY ITS
          PRESIDENT.


OTHER PRESENT:

          SR.GP V.K SUNIL




     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
13.08.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 7625 OF 2021               2



                           JUDGMENT

The petitioner had deposited a total sum of

Rs.8,00,000/- (Rupees eight lakhs only) as fixed deposit

with the respondent -Co-operative bank, evidenced by

Ext.P1 to P4 series of documents. Even after the expiry

of the period of deposit, the amount was not repaid with

interest. Accordingly, Ext.P5 lawyer notice was sent to

the second respondent. Ext.P6 is the reply dated

12.3.2021 given by the second respondent undertaking to

take an appropriate decision. Since the above

commitment was not complied with, the petitioner has

approached this court seeking appropriate relief.

2.Though notice was served on the second and third

respondents, they have not chosen to appear and to

contest the proceedings. This court had directed the first

respondent to take appropriate action to ensure that the

fixed deposit amounts due to the petitioner are released

by the second respondent. It is not evident whether any

steps were taken by R1.

3. Having considered the entire facts, I am

inclined to dispose of the Writ Petition with a direction to

the second and third respondents to pay the entire

amounts with interest covered by Exts.P1 to P4 series of

fixed deposit receipts to the petitioner within a period of

one month from the date of receipt of a copy of this

judgment. Petitioner shall surrender the fixed deposit

receipts within 10 days from the date of receipt of this

judgment. In case of failure, the first respondent shall

initiate action against the Co-operative bank in

accordance with the provisions under the Kerala Co-

operative Societies Act.

Writ Petition is allowed to the above extent.

Sd/-

SUNIL THOMAS, JUDGE R.AV

APPENDIX OF WP(C) 7625/2021

PETITIONER EXHIBITS

EXHIBIT P1 TRUE COPY OF THE FIXED DEPOSIT RECEIPT DATED 6.8.2016.

EXHIBIT P2 TRUE COPY OF THE FIXED DEPOSIT RECEIPT DATED 8.7.2017.

EXHIBIT P3 TRUE COPY OF THE FIXED DEPOSIT RECEIPT DATED 8.7.2017.

EXHIBIT P4 TRUE COPY OF THE FIXED DEPOSIT RECEIPT DATED 1.2.2020.

EXHIBIT P5 TRUE COPY OF THE LAWYER NOTICE TO THE 2ND RESPONDENT ON 9.3.2021.

EXHIBIT P6 TRUE COPY OF THE COMMUNICATION SENT BY THE 2ND RESPONDENT TO THE COUNSEL FOR THE PETITIONERS DATED 12.3.2021.