Kerala High Court
Dini Satheesh vs State Of Kerala on 4 March, 2021
W.P(C)Nos.22276 & 22300/2020 1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE SUNIL THOMAS
THURSDAY, THE 04TH DAY OF MARCH 2021 / 13TH PHALGUNA, 1942
WP(C).No.22276 OF 2020(H)
PETITIONERS:
1 DINI SATHEESH
AGED 47 YEARS
W/O. LATE SATHEESH KUMAR.C., SATHEESH BHAVANAM,
MAVELIKKARA, KALLUMALA VIA, VETTIYAR VILLAGE,
THAZHAKKARA (PART), ARUNOOTTIMANGALAM, ALAPPUZHA-
690 110
2 SIDHARTH.S.,
AGED 24 YEARS
S/O. LATE SATHEESH KUMAR.C., SATHEESH BHAVANAM,
MAVELIKKARA, KALLUMALA VIA, VETTIYAR VILLAGE,
THAZHAKKARA (PART), ARUNOOTTIMANGALAM, ALAPPUZHA-
690 110
3 SEETHA SATHEESH
AGED 19 YEARS
D/O. LATE SATHEESH KUMAR.C., SATHEESH BHAVANAM,
MAVELIKKARA, KALLUMALA VIA, VETTIYAR VILLAGE,
THAZHAKKARA (PART), ARUNOOTTIMANGALAM, ALAPPUZHA-
690 110
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.ANTONYS
SCHOOL, THIRUVAMBADY, ALAPPUZHA-688 002
W.P(C)Nos.22276 & 22300/2020 2
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
R5-6 BY ADV. SRI.B.ASHOK SHENOY
R5-6 BY ADV. SRI.RIYAL DEVASSY
R5-6 BY ADV. SRI.P.S.GIREESH
R5-6 BY ADV. SHRI.ANILKUMAR C.R.
OTHER PRESENT:
SR.GP BIMAL K.NATH
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
04.03.2021, ALONG WITH WP(C).22300/2020(J), THE COURT ON THE
SAME DAY DELIVERED THE FOLLOWING:
W.P(C)Nos.22276 & 22300/2020 3
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE SUNIL THOMAS
THURSDAY, THE 04TH DAY OF MARCH 2021 / 13TH PHALGUNA, 1942
WP(C).No.22300 OF 2020(J)
PETITIONERS:
1 SUBRAMANIAN NAMBOOTHIRI S.
AGED 68 YEARS
GOWRI SADANAM, KOTTARKAVU, MAVELIKKARA, ALAPPUZHA-
690 101
2 SRI.S.KESAVAN NAMBOOTHIRI
AGED 53 YEARS
S/O. V.SUBRAMANIAN NAMBOOTHIRI, GOWRI NIVAS,
KOTTARKAVU, MAVELIKKARA, ALAPPUZHA-690 101
3 SRI.S.EASWARAN NAMBOOTHIRI
AGED 60 YEARS
S/O. V.SUBRAMANIAN NAMBOOTHIRI, GOWRI NIVAS,
KOTTARKAVU, MAVELIKKARA, ALAPPUZHA-690 101
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.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,
W.P(C)Nos.22276 & 22300/2020 4
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
R5-6 BY ADV. SRI.B.ASHOK SHENOY
R5-6 BY ADV. SRI.P.S.GIREESH
R5-6 BY ADV. SRI.RIYAL DEVASSY
R5-6 BY ADV. SHRI.ANILKUMAR C.R.
BY GOVT.PLEADER BIMAL K.NATH
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
04.03.2021, ALONG WITH WP(C).22276/2020(H), THE COURT ON THE
SAME DAY DELIVERED THE FOLLOWING:
W.P(C)Nos.22276 & 22300/2020 5
JUDGMENT
[ WP(C).22276/2020, WP(C).22300/2020 ]
Dated this the 4th day of March 2021
When the mater was taken up, it was brought to my notice that the
petitioners in both the cases have moved the arbitrator by filing ARC, which is
reported to be pending.
2. Having considered this, the writ petitioners are closed reserving the
right of the petitioners to pursue the ARC. The Assistant Registrar, Co-operative
Tribunal shall dispose of the ARC proceedings, as expeditiously as possible, at
any rate, within a period of six months from the date of receipt of a copy of this
judgment. Untrammeled by any of the contentions set up in the writ petitions.
Sd/-
SUNIL THOMAS
dpk JUDGE
APPENDIX OF WP(C) 22276/2020
PETITIONER'S/S EXHIBITS:
EXHIBIT P1 COPY OF THE CUMULATIVE DEPOSIT CERTIFICATE
NO.008475 DATED 28.01.2014 FOR
RS.5,00,000/- OF THE DECEASED SATHEESH
KUMAR.C. HUSBAND OF THE 1ST PETITIONER
ISSUED BY THE 6TH RESPONDENT BANK
EXHIBIT P1A COPY OF THE FIXED DEPOSIT CERTIFICATE
NO.0042857 DATED 07.09.2016 FOR RS
1,00,000/- OF THE 1ST PETITIONER ISSUED BY
THE 6TH RESPONDENT BANK
EXHIBIT P1B COPY OF THE CUMULATIVE DEPOSIT CERTIFICATE
NO.0049786 DATED 01.11.2016 FOR RS
1,00,000/- OF THE 1ST PETITIONER ISSUED BY
MAVELIKKARA TALUK CO-OPERATIVE BANK LTD
NO.7076
EXHIBIT P1C COPY OF THE FIXED DEPOSIT CERTIFICATE
NO.0042855 DATED 07.09.21016 FOR
RS.40,00,000/- OF THE 1ST PETITIONER ISSUED
BY MAVELIKKARA TALUK CO-OPERATIVE BANK LTD
NO.707
EXHIBIT P1D COPY OF THE CUMULATIVE DEPOSIT CERTIFICATE
NO.0034896 DATED 24.11.2015 FOR RS
50,00,000/- OF THE 1ST PETITIONER ISSUED BY
THE 6TH RESPONDENT BANK
EXHIBIT P1E COPY OFT HE SAVINGS BANK ACCOUNT NO.SB 1503
FOR RS1,62,823/- OF THE 1ST PETITIONER
ISSUED BY MAVELIKKARA TALUK CO-OPERATIVE
BANK LTD NO.707
EXHIBIT P2 COPY OF THE JUDGMENT DATED 24.08.2017
PASSED BY THE HON'BLE HIGH COURT IN WPC
NO.25540/2017
EXHIBIT P3 COPY OF THE REPRESENTATION DATED 10.02.2019
SUBMITTED BY LATE SATHEESH KUMAR.C., TO THE
6TH RESPONDENT BANK
EXHIBIT P4 COPY OF THE DEATH CERTIFICATE OF THE LATE
SATHEESH KUMAR.C. DATED 04.10.2019 ISSUED
BY MAVELIKKARA MUNICIPALITY
EXHIBIT P5 COPY OF THE LEGAL HEIRSHIP CERTIFICATE
DATED 11/02/2020 ISSUED BY TALUK OFFICE,
MAVELIKKARA
EXHIBIT P6 COPY OF ARC NO.740/2020 FILED BY THE 1ST
PETITIONER BEFORE THE 4TH RESPONDENT
RESPONDENT'S/S EXHIBITS:
EXHIBIT R5(a) TRUE COPY OF THE APPLICATION FOR LOAN
SUBMITTED BY SMT. RAJAMMA.
EXHIBIT R5(b) TRUE COPY OF THE DATA NOW AVAILABLE IN THE
SYSTEM OF THE 5TH RESPONDENT SOCIETY.
APPENDIX OF WP(C) 22300/2020
PETITIONER'S/S EXHIBITS:
EXHIBIT P1 COPY OF THE CUMULATIVE DEPOSIT RECEIPT
NO.0042844 DATED 06.09.2016 FOR
RS.1,00,000/- OF THE 1ST PETITIONER ISSUED
BY MAVELIKKARA TALUK CO-OPERATIVE BANK LTD
NO.707
EXHIBIT P1A COPY OF THE CUMULATIVE DEPOSIT RECEIPT
NO.0048799 DATED 13.08.2015 FOR
RS.3,30,000/- OF THE 1ST PETITIONER ISSUED
BY MAVELIKKARA TALUK CO-OPERATIVE BANK LTD
NO.707
EXHIBIT P1B COPY OF THE CUMULATIVE DEPOSIT RECEIPT
NO.0049243 DATED 12.05.2016 FOR
RS.5,00,000/- OF THE 1ST PETITIONER ISSUED
BY MAVELIKKARA TALUK CO-OPERATIVE BANK LTD
NO.707
EXHIBIT P1C COPY OF THE CUMULATIVE DEPOSIT RECEIPT
NO.0034509 DATED 06.02.2016 FOR
RS.2,50,000/- OF THE 1ST PETITIONER ISSUED
BY MAVELIKKARA TALUK CO-OPERATIVE BANK LTD
NO.707
EXHIBIT P1D COPY OF THE CUMULATIVE DEPOSIT RECEIPT
NO.0034812 DATED 13.01.2016 FOR
RS.2,50,000/- OF THE 1ST PETITIONER ISSUED
BY MAVELIKKARA TALUK CO-OPERATIVE BANK LTD
NO.707
EXHIBIT P1E COPY OF THE CUMULATIVE DEPOSIT RECEIPT
NO.0049365 DATED 13.06.2016 FOR
RS.1,85,000/- OF THE 1ST PETITIONER ISSUED
BY MAVELIKKARA TALUK CO-OPERATIVE BANK LTD
NO.707
EXHIBIT P1F COPY OF THE CUMULATIVE DEPOSIT RECEIPT
NO.0048937 DATED 23.09.2015 FOR
RS.3,00,000/- OF THE 1ST PETITIONER ISSUED
BY MAVELIKKARA TALUK CO-OPERATIVE BANK LTD
NO.707
EXHIBIT P1G COPY OF THE CUMULATIVE DEPOSIT RECEIPT
NO.0049716 DATED 15.10.2016 FOR
RS.1,00,000/- OF THE 1ST PETITIONER ISSUED
BY MAVELIKKARA TALUK CO-OPERATIVE BANK LTD
NO.707
EXHIBIT P1H COPY OF THE SAVINGS BANK DEPOSIT ACCOUNT
NOSB-1598/2017 RS.1,85,702/- OF THE 1ST
PETITIONER ISSUED BY MAVELIKKARA TALUK CO-
OPERATIVE BANK LTD NO.707
EXHIBIT P2 COPY OF THE FIXED DEPOSIT CERTIFICATE
NO.51098 DATED 09.10.2017 FOR
RS.18,00,000/- OF THE 2ND PETITIONER ISSUED
BY MAVELIKKARA TALUK CO-OPERATIVE BANK LTD
NO.707
EXHIBIT P2A COPY OF THE SAVINGS BANK DEPOSIT ACCOUNT
NO.869 FOR RS.13,31,999/- OF THE 2ND
PETITIONER ISSUED BY MAVELIKKARA TALUK CO-
OPERATIVE BANK LTD NO.707
EXHIBIT P3 COPY OF THE FIXED DEPOSIT CERTIFICATE
NO.51243 DATED 26.12.2017 FOR RS.2,00,000/-
OF THE 3RD PETITIONER ISSUED BY MAVELIKKARA
TALUK CO-OPERATIVE BANK LTD NO.707
EXHIBIT P3A COPY OF THE FIXED DEPOSIT CERTIFICATE
NO.51244 DATED 26.12.2017 FOR RS.2,00,000/-
OF THE 3RD PETITIONER ISSUED BY MAVELIKKARA
TALUK CO-OPERATIVE BANK LTD NO.707
EXHIBIT P3B COPY OF THE FIXED DEPOSIT CERTIFICATE
NO.51245 DATED 26.12.2017 FOR RS.2,00,000/-
OF THE 3RD PETITIONER ISSUED BY MAVELIKKARA
TALUK CO-OPERATIVE BANK LTD NO.707
EXHIBIT P3C COPY OF THE FIXED DEPOSIT CERTIFICATE
NO.51246 DATED 26.12.2017 FOR RS.2,00,000/-
OF THE 3RD PETITIONER ISSUED BY MAVELIKKARA
TALUK CO-OPERATIVE BANK LTD NO.707
EXHIBIT P3D COPY OF THE FIXED DEPOSIT CERTIFICATE
NO.51247 DATED 26.12.2017 FOR RS.2,00,000/-
OF THE 3RD PETITIONER ISSUED BY MAVELIKKARA
TALUK CO-OPERATIVE BANK LTD NO.707
EXHIBIT P3E COPY OF THE FIXED DEPOSIT CERTIFICATE
NO.51248 DATED 26.12.2017 FOR RS.2,00,000/-
OF THE 3RD PETITIONER ISSUED BY MAVELIKKARA
TALUK CO-OPERATIVE BANK LTD NO.707
EXHIBIT P3F COPY OF THE SAVINGS BANK DEPOSIT ACCOUNT
NO.1349/16-17 FOR RS.2,00,000/- OF THE 3RD
PETITIONER ISSUED BY MAVELIKKARA TALUK CO-
OPERATIVE BANK LTD NO.707
EXHIBIT P4 COPY OF THE REPRESENTATION DATED 03.09.2020
SUBMITTED BY THE 1ST PETITIONER BEFORE THE
5TH AND 6TH RESPONDENTS
EXHIBIT P4A COPY OF THE REPRESENTATION DATED 03.09.2020
SUBMITTED BY THE 2ND PETITIONER BEFORE THE
5TH AND 6TH RESPONDENTS
EXHIBIT P4B COPY OF THE REPRESENTATION DATED 03.09.2020
SUBMITTED BY THE 3RD PETITIONER BEFORE THE
5TH AND 6TH RESPONDENTS
EXHIBIT P5 COPY OF ARC NO.745/2020 FILED BY THE
PETITIONERS BEFORE THE 4TH RESPONDENT
