Sri. Simon P. Vargheese vs State Of Kerala
2021 Latest Caselaw 7805 Ker

                IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                PRESENT

          THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V

     FRIDAY, THE 05TH DAY OF MARCH 2021 / 14TH PHALGUNA, 1942

                       WP(C).No.28469 OF 2020(G)

PETITIONER/S:

                SRI. SIMON P. VARGHEESE,
                AGED 60 YEARS,
                S/O. S.KUNJACHAN, SHEEJA COTTAGE, ERAVANKARA,
                MAVELIKKARA, ALAPPUZHA - 690108.

                BY ADV. SMT.GISA SUSAN THOMAS

RESPONDENT/S:

      1         STATE OF KERALA
                REPRESENTED BY THE SECRETARY, DEPARTMENT OF CO-
                OPERATION, GOVERNMENT OF KERALA, SECRETARIAT,
                THIRUVANANTHAPURAM - 695001.

      2         THE REGISTRAR OF CO-OPERATIVE SOCIETIES,
                THIRUVANANTHAPURAM - 695001.

      3         THE JOINT REGISTRAR,
                OFFICE OF THE JOINT REGISTRAR, CO-OPERATIVE SOCIETY
                (GENERAL), TECHI ANGALAMMAN COMPLEX, OPP. ST ANTONY'S
                SCHOOL, THIRUVAMBADY, ALAPPUZHA - 688002.

      4         THE ASSISTANT REGISTRAR,
                OFFICE OF THE ASSISTANT REGISTRAR, CO-OPERATIVE
                SOCIETY, MAVELIKKARA - 690101.

      5         PRESIDENT,
                MAVELIKKARA TALUK CO-OPERATIVE BANK LTD NO. 707,
                MAVELIKKARA P.O, ALAPPUZHA - 690101.

      6         MAVELIKKARA TALUK CO-OPERATIVE BANK LTD NO. 707,
                MAVELIKKARA P.O, ALAPPUZHA - 690101,
                REPRESENTED BY ITS SECRETARY.

                R5 & R6 BY ADVS. SRI.B.ASHOK SHENOY
                                 SRI.P.S.GIREESH
                                 SRI.RIYAL DEVASSY

                SRI K C SANTHOSH KUMAR, GOVERNMENT PLEADER

     THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD          ON
05.03.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.28469 OF 2020(G)             2




                                JUDGMENT

The petitioner is a senior citizen. Being lured by the campaign and

assurances made by the respondents 5 and 6, he had deposited his earnings

in the 6th respondent, the Mavelikkara Taluk Co-operative Bank Ltd. A sum

of Rs.9 lakhs is lying in fixed deposit as is evident from Ext.P1. A sum of Rs.

2,37,662/- remains as balance in the savings bank deposit account No.1126

as is evident from Ext.P1(a) pass book. The petitioner contends that he has

approached the respondents 5 and 6 and sought for withdrawing the amount

lying in fixed deposit and in the savings bank account. However, his request

was turned down by the respondents on untenable grounds. It is in the afore

circumstances that the petitioner is before this Court seeking a direction to

the respondents 5 and 6 to release the amount covered under Ext.P1 & P1(a)

forthwith.

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

appearing for the petitioner and 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 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 petitioner can only be resolved by a full-

fledged enquiry.

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

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

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

the petitioner is in need of money urgently and prays that the amount lying in

the savings account be released immediately. She submitted that the

petitioner shall move the statutory forum for realisation of the amount

covered under the Fixed Deposit.

5. I have considered the submissions and have perused the

records. By order dated 10.2.2021, this Court had directed the respondents

to release the amount lying in the savings account. It is submitted that a sum

of Rs.1 lakh has been disbursed. The objection raised by the respondents

concerns the amount lying in the fixed deposit accounts alone. 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 balance amount of Rs.1,37,662/- lying

in the Savings Bank account with lawful interest within a period of four weeks

from today. 50% of the amount shall be released within a period of two

weeks and the balance amount within a further period of two weeks. For

realising the amounts covered under the Fixed Deposit the petitioner shall

exhaust his remedy under Section 69 of the Co-operative Societies Act, 1969.

SD/-

RAJA VIJAYARAGHAVAN V

JUDGE NS

APPENDIX PETITIONER'S/S EXHIBITS:

EXHIBIT P1 COPY OF THE FIXED DEPOSIT NO. FD.1/2017-

18(DEPOSIT CERTIFICATE NO.51005) DATED 19.05.2017 FOR RS.9,00,000/- OF THE PETITIONER ISSUED BY MAVELIKKARA TALUK CO-OPERATIVE BANK LTD NO. 707.

EXHIBIT P1(a) COPY OF THE SAVING BANK DEPOSIT AMOUNT NO.1126 FOR RS.2,37,662/0 OF THE PETITIONER ISSUED BY MAVELIKKARA TALUK CO-OPERATIVE BANK LTD NO.707.

EXHIBIT P2          COPY OF THE REPRESENTATION DATED
                    20.11.2020 FOR THE DISBURSEMENT OF AMOUNT
                    SUBMITTED BY THE PETITIONER BEFORE THE
                    5TH AND 6TH RESPONDENT.

RESPONDENT'S/S EXHIBITS:     NIL




                                   //TRUE COPY//   P.A.TO JUDGE