Jiji Saju vs Kottappady Agricultural ...
2021 Latest Caselaw 6582 Ker

                IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                PRESENT

          THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V

  WEDNESDAY, THE 24TH DAY OF FEBRUARY 2021 / 5TH PHALGUNA, 1942

                        WP(C).No.9045 OF 2020(E)


PETITIONER/S:

                JIJI SAJU,
                AGED 44 YEARS,
                W/O. SAJU VARGHESE, CHAMAKKALA,
                KOTTAPPADY P.O., NEAR KOTHAMANGALAM,
                ERNAKULAM DISTRICT-686 692

                BY ADV. SRI.PAUL K.VARGHESE

RESPONDENT/S:

      1         KOTTAPPADY AGRICULTURAL IMPROVEMENT CO-OPERATIVE
                SOCIETY LTD., E 1245,
                KOTTAPPADY, PERUMBAVOOR, PIN-686 692,
                REPRESENTED BY ITS SECRETARY.

      2         THE SECRETARY,
                KOTTAPPADY AGRICULTURAL IMPROVEMENT CO-OPERATIVE
                SOCIETY LTD.,E1245, KOTTAPPADY,
                PERUMBAVOOOR,PIN-686 692.

                R2 BY ADV. SRI.BINU PAUL

     THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD          ON
24.02.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.9045 OF 2020               2




                               JUDGMENT

The petitioner states that she is a member of the 1st respondent

society. In the year 2014, she joined a chitty having a sala of

Rs.2,00,000/- and remitted a total sum of Rs. 47,439/- till 10.6.2015. She

is stated to have prized the chitty and according to her, she is entitled to a

sum of Rs. 1,64,600/-. Though she approached the Legal Services

Committee, Kothamangalam and later the Ombudsman, the respondents

have not paid the amount due to her. Finally, she approached the Joint

Registrar, who has passed Ext.P4 order holding that the petitioner is

entitled to receive a sum of Rs.31,419/- with interest thereon. She

contends that not even a single paise has been paid till date. It is in the

afore circumstances, the petitioner has approached this Court seeking a

direction to the respondents to disburse a sum of Rs.88,165/- with 18%

interest till date.

2. Sri.Binu Paul, the learned counsel appearing for the

respondents submitted that the respondents have no objection in paying

the sum of Rs.31,419/- together with interest as ordered by the Joint

Registrar. He contends that the said amount has been arrived at by

deducting Rs.1,33,181/- from Rs.1,64,600/-, which is the auction amount.

3. I have considered the submissions advanced. It appears from

Ext.P4 that the petitioner as well as her husband had subscribed to chits

and default was committed. The Registrar after perusing the records has

come to the conclusion that the petitioner was entitled to receive a sum

of Rs.31,419/- with interest at the rate of 4%. The said amount shall be

credited to the account of the petitioner or released to her within ten days

from the date of judgment. Insofar as the balance amount, if any, due, it

is for the petitioner to approach the jurisdictional forum and get her claim

adjudicated. It would not be proper for this Court to venture into those

issues in this writ petition.

This writ petition is disposed of.

Sd/-

RAJA VIJAYARAGHAVAN V

JUDGE sru

APPENDIX PETITIONER'S/S EXHIBITS:

EXHIBIT P1 A TRUE COPY OF THE RELEVANT PAGES OF THE PASSBOOK ISSUED BY THE RESPONDENTS TO THE PETITIONER.

EXHIBIT P2 A TRUE COPY OF THE COMPLAINT SUBMITTED BY THE PETITIONER BEFORE THE LEGAL SERVICE COMMITTEE, CHAIRPERSON, KOTHAMANGALAM DATED 17.11.2017.

EXHIBIT P3 A TRUE COPY OF THE ORDER IN COMPLAINT NO.11/2019 OF THE KERALA CO-OPERATIVE SOCIETY OMBUDSMAN,THIRUVANANTHAPURAM DATED 5.7.2019.

EXHIBIT P4 A TRUE COPY OF THE ORDER OF THE JOINT REGISTRAR (GENERAL) CO-OPERATIVE SOCIETY ERNAKULAM DATED 12.07.2018.

RESPONDENT'S/S EXHIBITS: NIL

/TRUE COPY/

P.A. TO JUDGE