Kerala High Court
Chittariparamba Service ... vs State Of Kerala on 6 October, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE SATHISH NINAN
WEDNESDAY, THE 6TH DAY OF OCTOBER 2021 / 14TH ASWINA, 1943
WP(C) NO. 7799 OF 2021
PETITIONER:
CHITTARIPARAMBA SERVICE CO-OPERATIVE BANK LTD.,
NO.F.1483, CHITTARIPARAMBA P.O., KANNUR-670650, REPRESENTED
BY ITS SECRETARY K.V.RAJEEV.
BY ADVS.
A.RAJASIMHAN
SHRI. AYYAPPADAS V
KUM.VYKHARI.K.U
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY THE SECRETARY TO GOVERNMENT, DEPARTMENT OF
CO-OPERATION, SECRETARIAT, THIRUVANANTHAPURAM-695001.
2 REGISTRAR OF COOPERATIVE SOCIETIES,
JAWAHAR SAHAKARANA BHAVAN, DPI JUNCTION, THYCAUD P.O.,
THIRUVANANTHAPURAM-695014.
3 NATIONAL COOPERATIVE DEVELOPMENT CORPORATION,
4, SIRI INSTITUTIONAL AREA, HAUZ KHAS, NEW DELHI-110016,
REPRESENTED BY ITS MANAGING DIRECTOR.
BY ADV SHRI.P.VIJAYAKUMAR, ASG OF INDIA
BY SRI.BIMAL K. NATH, SR. GOVT. PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
06.10.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
SATHISH NINAN, J.
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W. P. (C) No.7799 of 2021
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Dated this the 6th day of October, 2021
J U D G M E N T
The third respondent in the writ petition is a
statutory Corporation under the Ministry of Agriculture
and Farmers Welfare. It advances loans and grants to
State Governments, for financing primary and secondary
level co-operative societies under various schemes, on
stipulated conditions. For the infrastructural
development of the petitioner Bank (construction of head
office), the petitioner made request to the third
respondent for financial assistance under the NCDC
Scheme. As per Ext.P1 communication dated 31.03.2016, a
loan of `100.71 lakhs was sanctioned by the third
respondent. As per Ext.P1, the loan period is eight
years with moratorium of one year for repayment of
principal loan amount. As per Ext.P2, the first
installment of `36.368 lakhs was released to the
W. P. (C) No.7799 of 2021
petitioner. Thereafter the remaining installments were
not disbursed. The petitioner had to proceed with the
construction by utilizing other funds. On these
averments the petitioner seeks for a direction for
disbursal of the balance loan amount.
2. Heard learned counsel for the petitioner and the
learned Senior Government Pleader.
3. The entitlement of the petitioner for loan of
`100.71 lakhs cannot be disputed in the light of Ext.P1.
As evidenced by Ext.P2, from out of the sanctioned
amount only `36.368 lakhs has been released. The
petitioner proceeded to complete the project in terms of
the original plan based on which the loan was
sanctioned. There is no audit objection raised, submits
the petitioner.
4. The learned Senior Government Pleader submits
that, though not related to the petitioner Society,
there have been various instances of diversion of such
loans for other purposes, which resulted in stalemate.
W. P. (C) No.7799 of 2021
5. On the facts as noticed above, I do not find any
reason why the balance loan amount, sanctioned under
Ext.P1, be not disbursed to the petitioner. Let the
needful be done after obtaining necessary sanctions, as
expeditiously as possible and at any rate within a
period of three months from the date of receipt of a
copy of this judgment.
Writ petition is disposed of as above.
Sd/-
SATHISH NINAN
JUDGE
kns/-
//True Copy//
P.S. to Judge
APPENDIX OF WP(C) 7799/2021
PETITIONER EXHIBITS
EXHIBIT P1 TRUE COPY OF THE LETTER NO.NCDC.5-12/2015-C,
IC&SC/336/SA50211 DATED 31.03.2016 ISSUED BY
THE 3RD RESPONDENT.
EXHIBIT P2 TRUE COPY OF G.O.(RT)NO.585/2016/CO-OP DATED
22.11.2016.
EXHIBIT P3 TRUE COPY OF THE REQUEST DATED 25.01.2021
SUBMITTED BY THE PETITIONER TO THE SECRETARY,
COOPERATIVE DEPARTMENT, GOVERNMENT OF KERALA.
EXHIBIT P4 TRUE COPY OF THE RESOLUTION OF THE PETITIONER
BANK DATED 27.02.2021.
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