Sunitha Kunjumon vs The Registrar Of Co-Operative ...
2021 Latest Caselaw 3317 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                               PRESENT

               THE HONOURABLE MR. JUSTICE SUNIL THOMAS

      FRIDAY, THE 29TH DAY OF JANUARY 2021 / 9TH MAGHA, 1942

                      WP(C).No.17248 OF 2020(E)


PETITIONER:

               SUNITHA KUNJUMON
               AGED 35 YEARS
               W/O. KUNJUMON,
               KOLOLIL HOUSE,
               ORIPURAM,
               CHENNITHALA P.O.
               MAVELIKARA 690 105.

               BY ADVS.
               SRI.RINNY STEPHEN CHAMAPARAMPIL
               SMT.ASHA ELIZABETH MATHEW

RESPONDENTS:

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

      2        THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES
               (GENERAL),
               OFFICE OF THE JOINT REGISTRAR OF CO-OPERATIVE
               SOCIETIES (GENERAL), ALAPPUZHA 691 001.

      3        MAVELIKARA TALUK CO-OPERATIVE BANK LTD NO. 707,
               REP. BY ITS SECRETARY,
               OFFICE OF THE MAVELIKKARA TALUK CO-OPERATIVE BANK
               LTD, PULIMOOD JUNCTION, MAVELIKARA P.O. 690 101.

      4        THE PRESIDENT.,
               MAVELIKARA TALUK CO-OPERATIVE BANK LTD NO. 707,
               OFFICE OF THE MAVELIKKARA TALUK CO-OPERATIVE BANK
               LTD, PULIMOOD JUNCTION, MAVELIKKARA P.O. 690 101.

               R3-4 BY ADV. SRI.B.ASHOK SHENOY
               R3-4 BY ADV. SRI.RIYAL DEVASSY
               R3-4 BY ADV. SRI.P.S.GIREESH

               SR.GP BIMAL K NATH

    THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
 WP(C).No.17248 OF 2020

                               2

29.01.2021, ALONG WITH WP(C).18676/2020(H), WP(C).19434/2020(D),
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.17248 OF 2020

                                   3




                              JUDGMENT

Dated this the 29th day of January 2021

The grievance of the petitioner herein is that, the

petitioner is entitled to the amounts due from the 3rd

respondent evidenced by Ext.P7. She requested for

release of the amount. Hearing was conducted by the

managing committee on her grievance and however, no

orders have been passed, it is submitted.

2. The learned standing counsel for the Co-

operative Bank submitted that, there is a lien on the

amount due. The petitioner is the successful bidder of

two chitties bearing Nos.79/2015 and 372/2015 and has

received Rs.1,00,000/- each towards the chitty amount.

3. This claim is countered by the petitioner by

filing a reply affidavit. It is contented that, huge

amounts are not due from her. However, a hearing was

conducted by the managing committee.

4. After hearing both sides, I am inclined to

dispose of the writ petition with a direction to the

third and fourth respondent to pass order on Ext.P7. It WP(C).No.17248 OF 2020

is submitted by the learned counsel for the petitioner

that, if any amounts are due to the bank under the

chitty transactions, the above amount can be adjusted

against the money due from her. This is recorded.

The writ petition is disposed of. Pass appropriate

order within a period of four weeks from the date of

receipt of a copy of this judgment.

Sd/-

                                              SUNIL THOMAS
                                                      JUDGE

Jms                          //True Copy//   P.A to Judge
 WP(C).No.17248 OF 2020





                             APPENDIX
PETITIONER'S EXHIBITS:

EXHIBIT P1               A TRUE COPY OF THE FIXED DEPOSIT RECEIPT
                         DATED 24/10/2016.

EXHIBIT P2               A TRUE COPY OF THE SAVINGS DEPOSIT BANK

PASS BOOK OF THE PETITIONER FOR THE PERIOD FROM 10/07/2017 TO 31/12/2019 BEING MAINTAINED IN THE 3RD RESPONDENT BANK.

EXHIBIT P3 A TRUE COPY OF THE REPRESENTATION DATED 24/06/2020 SUBMITTED BY THE PETITIONER BEFORE THE 4TH RESPONDENT.

EXHIBIT P4 A TRUE COPY OF THE PASS BOOK OF MDS NO.192/2014 ISSUED BY THE THAZHAKKARA BRANCH OF THE 3RD RESPONDENT

EXHIBIT P5 A TRUE COPY OF THE PASS BOOK OF MDS NO.372/2014-15 ISSUED BY THE THAZHAKKARA BRANCH OF THE 3RD RESPONDENT

EXHIBIT P6 A TRUE COPY OF THE PASS BOOK OF MDS NO.79/2015-16 ISSUED BY THE THAZHAKKARA BRANCH OF THE 3RD RESPONDENT

EXHIBIT P7 A TRUE COPY OF THE NOTICE DATED 31.10.2020 ISSUED TO THE PETITIONER BY THE 4TH RESPONDENT

//True Copy// P.A to Judge