M.Habusa Beevi vs The Administrator
2021 Latest Caselaw 44 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.29071 OF 2019(H)


PETITIONERS:

      1        M.HABUSA BEEVI
               HOUSE NO. 12, VRINDAVAN NAGAR,
               KADAPPAKKADA P.O, KOLLAM
               PIN-691 008

      2        K.S RAJENDRA BABU,
               NANDANAM, KUNTHALLOOR, CHIRAYANKEEZHU P.O,
               THIRUVANANTHAPURAM
               PIN 695 304

               BY ADV. SRI.M.R.SASITH

RESPONDENTS:

      1        THE ADMINISTRATOR
               KOLLAM FOOD CORPORATION OF INDIA,
               EMPLOYEES CO-OPERATIVE SOCIETY LTD, NO. Q 879
               PIN-682 018

      2        THE ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES
               (GENERAL)
               KOLLAM, WEST OF COLLECTORATE, KACHERI P.O,
               KOLLAM, PIN-691 013

      3        THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES,
               CIVIL STATION, KACHERI P.O,
               KOLLAM-691 013




               SMT SHEEJA CS SR 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.29071 OF 2019              2




                                JUDGMENT

The petitioners herein are the members of the Kollam Food

Corporation of India Employees Co-operative Society Ltd., a Credit Society

formed with the object of providing financial assistance to its members using

the income derived from the funds deposited by its members. They state

that by Exts.P1 to P3 fixed deposit receipts, amounts have been deposited

by the petitioners. When they requested the Society to disburse the amount

after it had attained maturity, their request was turned down. The

petitioners state that they are in urgent need of funds and in the said

circumstances, they have approached the respondents and had submitted

Exts.P4 to P7 representations. When their request did not yield any result,

they have invoked the statutory remedy and have instituted arbitration

proceedings. However, as the term of the Administrator has expired in the

meanwhile, the Arbitrator has refused to proceed with the case. It is in the

above background that the petitioners have approached this Court seeking

directions to the 1st respondent to release the amounts to the petitioners

within a time frame.

2. The learned Government Pleader was directed to obtain specific

instructions in this regard. It is submitted that all formalities have been

completed to release the amounts due to the petitioners and it is being

delayed as the term of the administrator had expired on 15.12.2020. An

application for extending the term is pending before the Government and as

and when the same is allowed, the amounts shall be disbursed. It is further

submitted that the society will have to forward the KYC and other details for

expediting the proceedings.

3. In view of the submissions made by the learned Government

Pleader, this writ petition is disposed of with a direction to disburse the

amounts due to the petitioners covered under Exts.P1 to P3 receipts within a

period of two months from the date on which the 1st respondent takes

charge of the functioning of the society. The Society shall forward the

necessary records including the KYC to the concerned respondent to

expedite the proceedings.

Sd/-

RAJA VIJAYARAGHAVAN V

JUDGE NS

APPENDIX PETITIONER'S/S EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE FIXED DEPOSIT RECEIPT AMOUNTING RS.1,00,000/- BELONGING TO THE 1ST PETITIONER DATED 28-06-2016

EXHIBIT P2 TRUE COPY OF THE FIXED DEPOSIT RECEIPT AMOUNTING TO RS.1,27,000/- BELONGING TO 2ND PETITIONER DATED 06-01-2016

EXHIBIT P3 TRUE COPY OF THE FIXED DEPOSIT RECEIPT AMOUNTING TO RS.87,000/- BELONGING TO THE 2ND PETITIONER DATED 09-06-2017

EXHIBIT P4 TRUE COPY OF THE REPRESENTATION SENT BY THE 1ST PETITIONER TO THE 1ST RESPONDENT DATED 10-07-2018

EXHIBIT P5 TRUE COPY OF THE REPRESENTATION SENT BY THE PETITIONER TO THE 3RD RESPONDENT DATED 15-08-2018

EXHIBIT P6 TRUE COPY OF THE REPRESENTATION SENT BY THE PETITIONER TO THE 1ST RESPONDENT DATED 13-06-2018

EXHIBIT P7 TRUE COPY OF THE REPRESENTATION SENT BY THE PETITIONER TO THE 3RD RESPONDENT DATED 25-09-2018

EXHIBIT P8 TRUE COPY OF THE PETITION FILED BY THE 1ST PETITIONER AS ARC NO. 1/2019 DATED 06-02-2019 FILED BEFORE THE 2ND RESPONDENT

EXHIBIT P9 TRUE COPY OF THE PETITION FILED BY THE 2ND PETITIONER AS ARC NO.2/2019 DATED 06-02-2019 FILED BEFORE THE 2ND RESPONDENT

RESPONDENTS' EXHIBITS:

NIL