Kerala High Court
Smt. Preethy Nair vs State Of Kerala on 30 July, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
FRIDAY, THE 30TH DAY OF JULY 2021 / 8TH SRAVANA, 1943
WP(C) NO. 28471 OF 2020
PETITIONER:
SMT. PREETHY NAIR
AGED 35 YEARS
W/O. MITHUN.S., HRISHIKESH, PUTHIYADAM, KAYAMKULAM 690
502.
BY ADV 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 REGISTAR 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 ANTONYS
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. REPRESENTED
BY ITS SECRETARY.
BY ADVS.
WP(C) NO. 28471 OF 2020
2
SRI.B.ASHOK SHENOY
SRI.P.S.GIREESH
SRI.RIYAL DEVASSY
SMT.SHEEJA.C.S, SR.GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 30.07.2021, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
WP(C) NO. 28471 OF 2020
3
P.V.KUNHIKRISHNAN, J.
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WP(C) No. 28471 OF 2020
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Dated this the 30th day of July 2021
JUDGMENT
The above writ petition is filed with the following
prayers;
"i) issue a writ of mandamus or other
appropriate order directing respondents to pay off
a amounts of petitioner as per Exts.P1 and P1(a)
deposit with 6th respondent.
ii) issue a writ of mandamus or other
appropriate writ or order directing 5 th and 6th
respondents to consider Ext.P3 representation in
correct perspective.
iii) issue a writ of mandamus or other
appropriate or order directing the 6th respondent
to disburse the amount deposited in Ext.P1(a) SB
Account of the petitioner."
2. When this writ petition came up for
consideration on 21.12.2020 this Court passed an order,
which is extracted hereunder;
WP(C) NO. 28471 OF 2020
" Admit.
Sri.K.C.Santhosh Kumar, the learned counsel
takes notice for respondents 5 and 6. The learned
Government Pleader takes notice for the
respondents 1 to 4.
Smt. Gisa Susan Thomas, the learned
counsel appearing for the petitioner submitted
that a sum of Rs.4,08,713/- is lying in the Savings
Bank account No.1241 in addition to a sum of
Rs.10 lakhs in a fixed deposit account. It is
submitted that the petitioner is in urgent need of
money and her request to release the amount is
not being acceded to by the
respondents.
Having considered the submissions
advanced, I find no justification on the part of the
respondents in refusing to release the amount in
the Savings Bank account of the petitioner. As an
interim measure, I direct the 6th respondent to
release a sum of Rs.2 lakhs lying in the Savings
Bank account of the petitioner within a period of
one month from today."
3. Thereafter, again the matter came up for
consideration on 13.01.2021 and on that day this Court
passed an order, which is extracted hereunder;
"The learned counsel appearing for the
petitioner submits that out of a total sum of
Rs.4,08,713/- lying in the savings bank account of
the petitioner, a sum of Rs.2 lakhs has been
released.
The respondents 5 and 6 shall release the
WP(C) NO. 28471 OF 2020
balance amount lying in the savings account of
the petitioner within a period of three weeks from
today.
Post after three weeks."
4. Subsequently, when the matter again came up
for consideration on 05.02.2021 this Court passed an
order, which is extracted hereunder;
"The learned Counsel appearing for the Bank
submitted that as directed by this Court a sum of
Rs.2 lakhs was released. However, they have not
been able to comply with the directions issued on
13.1.2021 to release the balance amount due to
the financial crunch. It is submitted that an
application seeking extension is being filed to
enable the Bank to pay out the balance amount
lying in the savings account in instalments.
Post on 15.2.2021."
5. Thereafter, when the matter came up for
consideration on 15.02.2021 this Court recalled the order
dated 13.01.2021. The order dated 15.02.2021 is
extracted hereunder;
" When the matter was taken up, the
learned counsel appearing for the respondent
Bank submitted that a counter is being filed. It is
further submitted that the records maintained in
WP(C) NO. 28471 OF 2020
the Bank reveals that the petitioner had availed a
loan of Rs.30,00,000/- on 20.10.2016 and as on
date, a sum of Rs.47,00,000/- is due. The Bank
has exercised its lien over the fixed deposit as well
as the amount of the petitioner lying in the
Savings Bank Account, contends the learned
counsel.
The learned counsel appearing for the
petitioner seeks time to get instructions.
The order dated 13.1.2021 directing the
bank to release further amounts lying in the
savings bank account is recalled.
Post along with the counter affidavit after two
weeks."
6. Now admittedly, there is a dispute between the
petitioner and bank. The bank says that there is loan
arrears from the petitioner to the tune of 47 lakhs and the
same is disputed by the petitioner. According to the
counsel for the bank, the bank exercised its lien over the
fixed deposit. The petitioner dispute the liability and the
authority to exercise lien on fixed deposit by the bank. In
such situation, this Court can not exercise the jurisdiction
under Article 226 of the Constitution of India. The
WP(C) NO. 28471 OF 2020
petitioner is free to approach the competent authority
under Section 69 of the Co-operative Societies Act. All the
contentions of the petitioner are left open.
With the above observations this writ petition is
closed.
Sd/-
P.V.KUNHIKRISHNAN
JUDGE
LU
WP(C) NO. 28471 OF 2020
APPENDIX OF WP(C) 28471/2020
PETITIONER EXHIBITS
EXHIBIT P1 COPY OF THE FIXED DEPOSIT OF
FD.5968/2016-17 DEPOSIT CERTIFICATE
NO. 0049755) FOR RS. 10,00,000/- OF
THE PETITIONER ISSUED BY MAVELIKARA
TALUK CO-OPERATIVE BANK LTD NO. 707.
EXHIBIT P1 A COPY OF THE PASS BOOK DETAILS IN
SAVING BANK DEPOSIT ACCOUNT NO. 1241
FOR RS. 4,08,713 /- OF THE PARTITIONER
ISSUED BY MAVELIKARA TALUK CO
OPERATIVE BANK LTD. NO. 707.
EXHIBIT P2 COPY OF THE PROVISIONAL DEGREE
CERTIFICATE (M.SC BIOTEHCNOLOGY0,
DATED 16/02/2008 WITH STATEMENT OF
MARKS OF THE PETITIONER.
EXHIBIT P3 COPY OF THE REPRESENTATION DATED
19/11/2020 FOR THE DISBURSEMENT OF
AMOUNT SUBMITTED BY THE PETITIONER
BEFORE THE 5TH RESPONDENT.
RESPONDENTS EXHIBITS : NIL
//TRUE COPY//
PA TO JUDGE
