M.C.Philipose vs State Of Kerala
2021 Latest Caselaw 12 Ker

                  IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                   PRESENT

               THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V

           MONDAY, THE 04TH DAY OF JANUARY 2021 / 14TH POUSHA, 1942

                          WP(C).No.29120 OF 2020(L)


PETITIONERS:

       1         M.C.PHILIPOSE
                 AGED 67 YEARS
                 S/O. P.SAMUEL, MAMPRAVILAYIL HOUSE, PALLICKAL EAST,
                 THEKKEKARA P.O., MAVELIKKARA, ALAPPUZHA-690 107

       2         SRI.CHERIAN K.C. @ CHACKO CHERIAN .K.
                 AGED 66 YEARS
                 S/O. K.C.CHACKO, KANIYATH HOUSE, MATTOM SOUTH,
                 THATTARAMBALAM P.O., MAVELIKKARA, ALAPPUZHA-690 103

                 BY ADV. SMT.GISA SUSAN THOMAS

RESPONDENTS:

       1         STATE OF KERALA
                 REPRESENTED BY THE SECRETARY, DEPARTMENT OF CO-OPERATION,
                 GOVERNMENT OF KERALA, SECRETARIAT,
                 THIRUVANANTHAPURAM-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 ANGALAMMAN COMPLEX,
                 OPP. ST ANTONY'S SCHOOL, THIRUVAMBADY, ALAPPUZHA-688 002

       4         THE ASSISTANT REGISTRAR,
                 OFFICE OF THE ASSISTANT REGISTRAR,
                 CO-OPERATIVE SOCIETY, MAVELIKKARA-690 101

       5         PRESIDENT,
                 MAVELIKKARA TALUK CO-OPERATIVE BANK LTD NO.707,
                 MAVELIKKARA P.O., ALAPPUZHA-690 101

       6         MAVELIKKARA TALUK CO-OPERATIVE BANK LTD NO.707,
                 MAVELIKKARA P.O., ALAPPUZHA-690 101
                 REP BY ITS SECRETARY.


                 R1-R4 SRI KC SANTHOSH KUMAR SC
                 R5-R6 SMT MABLE C KURIAN GOVERNMENT PLEADER

     THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 04.01.2021,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.29120 OF 2020                2




                                JUDGMENT

The petitioners are senior citizens and they are near relatives as well.

The petitioners state that being lured by the fanciful campaign and

assurances made by the respondents 5 and 6, they have deposited their hard-

earned life savings in the Mavelikkara Taluk Co-operative Bank Ltd. According

to the 1st petitioner, he had deposited a sum of Rs. One Lakh in a Cumulative

Deposit Account and a further sum of Rs.One lakh in a Fixed Deposit Account.

This fact would be evident from Exts.P1 and P1(a). In addition, a sum of

Rs.99,064/- is lying in the Saving Bank Account vide No.1237. According to

the 2nd petitioner, he has deposited a sum of Rs.6.5 Lakhs in three fixed

deposit accounts, which fact is evident from Exhibit P2 to P2 (b). A sum of

Rs.36,634/- is lying in the savings bank account vide No.1210 of the 2nd

petitioner. The petitioners state that they have approached the respondents 5

and 6 and sought for withdrawing the amount. However, their request was

rejected by the respondents on untenable grounds. It is in the afore

circumstances that the petitioners are before this Court seeking a direction to

the respondents 5 and 6 to release the amounts covered under Ext.P1, P1(a)

& P1(b) and Exts.P2, P2(a), P2(b) & P2(c) deposit receipts.

2. I have heard Smt. Gisa Susan Thomas, the learned counsel

appearing for the petitioners and Sri.K.C.Santhosh Kumar, the learned

Standing Counsel for respondents 5 and 6.

3. The learned standing counsel appearing for the bank submitted

that members of the previous managing committee with the assistance of

certain employees had committed falsification of accounts and had

misappropriated a sum of about Rs.38 Crores. He submitted that genuineness

of the fixed deposits/cumulative deposit receipts issued to the customers are

being verified. Criminal cases and vigilance enquiry are also pending against

the persons responsible. It is contended that the records have been seized by

the police and also the Vigilance and Anti-Corruption Bureau. The

genuineness of the deposit receipts relied on by the petitioners can only be

resolved by a full-fledged enquiry.

4. In response, Smt Gisa, the learned counsel appearing for the

petitioners, submitted that insofar as the amounts lying in the savings bank

account are concerned, there cannot be any objection. She contended that

the petitioners shall move the statutory forum for realisation of the amount

covered under the Cumulative Deposit as well as the Fixed Deposits.

5. I have considered the submissions and have perused the

records. The objection raised by the respondents concerns the amount lying

in the fixed deposit accounts. There is no claim of any lien or attachment over

the amounts covered under the Saving Bank accounts.

6. In that view of the matter this petition is disposed of directing

the respondents 5 and 6 to release the amount covered under the Saving

Bank accounts of the respective petitioners within a period of two weeks from

the date of receipt of a copy of this judgment. For realising the amounts

covered under the Fixed Deposit/Cumulative Deposit the petitioners shall

exhaust their remedies under Section 69 of the Co-operative Societies Act.

Sd/-

RAJA VIJAYARAGHAVAN V

JUDGE DSV

APPENDIX PETITIONER'S EXHIBITS:

EXHIBIT P1 COPY OF THE CUMULATIVE DEPOSIT NO.CD.4838/2015-16 (DEPOSIT CERTIFICATE NO.0034420) DATED 16.01.2016 FOR RS.1,00,000/- OF THE 1ST PETITIONER ISSUED BY MAVELIKKARA TALUK CO-OPERATIVE BANK LTD NO.707

EXHIBIT P1A COPY OF THE FIXED DEPOSIT NO.FD.2/417/2018-19) (DEPOSIT CERTIFICATE NO.60891) DATED 07.11.2018 FOR RS.1,00,000/- OF THE 1ST PETITIONER ISSUED BY MAVELIKKARA TALUK CO-OPERATIVE BANK LTD NO.707

EXHIBIT P1B COPY OF THE PASS BOOK DETAILS OF THE SAVINGS BANK DEPOSIT ACCOUNT NO.1237 FOR RS 99,064/- OF THE 1ST PETITIONER ISSUED BY MAVELIKKARA TALUK CO-OPERATIVE BANK LTD NO.707

EXHIBIT P2 COPY OF THE FIXED DEPOSIT NO.FD.1/15891/2018-19 (DEPOSIT CERTIFICATE NO.60075) DATED 14.08.2018 FOR RS.3,00,000/- OF THE 2ND PETITIONER ISSUED BY MAVELIKKARA TALUK CO-OPERATIVE BANK LTD NO.707

EXHIBIT P2A COPY OF THE FIXED DEPOSIT NO.FD.2/384/2018-19 (DEPOSIT CERTIFICATE NO.60857) DATED 14.08.2018 FOR RS.2,50,000/- OF THE 2ND PETITIONER ISSUED BY MAVELIKKARA TALUK CO-OPERATIVE BANK LTD NO.707

EXHIBIT P2B COPY OF THE FIXED DEPOSIT NO.FD.2/449/2018-19 (DEPOSIT CERTIFICATE NO.64526) FOR RS.1,00,000/- OF THE 2ND PETITIONER ISSUED BY MAVELIKKARA TALUK CO-OPERATIVE BANK LTD NO.707

EXHIBIT P2C COPY OF THE PASS BOOK DETAILS OF THE SAVINGS BANK DEPOSIT ACCOUNT NO.1210 FOR RS.36,634/- OF THE 2ND PETITIONER ISSUED

BY MAVELIKKARA TALUK CO-OPERATIVE BANK LTD NO.707

EXHIBIT P3 COPY OF THE REPRESENTATION DATED 09.12.2020 WITH POSTAL RECEIPT FOR THE DISBURSEMENT OF AMOUNT SUBMITTED BY THE 1ST PETITIONER BEFORE THE 5TH AND 6TH RESPONDENTS

EXHIBIT P4 COPY OF THE REPRESENTATION DATED 09.12.2020 WITH POSTAL RECEIPT FOR THE DISBURSEMENT OF AMOUNT SUBMITTED BY THE 2ND PETITIONER BEFORE THE 5TH AND 6TH RESPONDENTS

EXHIBIT P5 ACKNOWLEDGMENT CARD OF THE 1ST PETITIONER ACCEPTED BY THE 5TH AND 6TH RESPONDENTS

EXHIBIT P6 ACKNOWLEDGEMENT CARD OF THE 2ND PETITIONER ACCEPTED BY THE 5TH AND 6TH RESPONDENTS

RESPONDENTS EXHIBITS:NIL

//TRUE COPY//

P.A TO JUDGE