Kerala High Court
The Secretary, Hosdurg Service ... vs Kerala Lok Ayukta on 8 September, 2021
WP(C) NO. 1624 OF 2015 1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
WEDNESDAY, THE 8TH DAY OF SEPTEMBER 2021 / 17TH BHADRA, 1943
WP(C) NO. 1624 OF 2015
PETITIONER/S:
THE SECRETARY, HOSDURG SERVICE CO-OPERATIVE BANK LTD.
AGED 57 YEARS
NO.C.1068, HEAD OFFICE BRANCH, P.O.KANHANGAD
KASARGODE-671 315
BY ADVS.
SRI.K.I.MAYANKUTTY MATHER
SRI.ARUN KUMAR.P
RESPONDENT/S:
1 KERALA LOK AYUKTA
REPRESENTED BY ITS REGISTRAR, LEGISLATIVE COMPLEX,
VIKAS BHAVAN P.O, THIRUVANANTHAPURAM- 695 033
2 UPA-LOK AYUKTA
REPRESENTED BY ITS DEPUTY REGISTRAR, LEGISLATIVE
COMPLEX, VIKAS BHAVAN P.O, THIRUVANANTHAPURAM- 695
033
3 SANTHA N.P.
W/O.LATE DR.K.P.GANGADHARAN NAMBIAR, C/O.P.PRAKASH,
NO.123, FERNS RESIDENCY, K.NARAYANAPURA, KOTHANNUR
P.O BANGALORE - 560 077
4 GEETHA K.G.
W/O.P.PRAKASH, NO.123, FERNS RESIDENCY,
K.NARAYANAPURA, KOTHANNUR P.O BANGALORE - 560 077.
5 RAJESH K.G.
RUGMINI NILAYAM, P.O.KANHANGAD SOUTH, KANHANGAD
KASARGODE - 671 531
WP(C) NO. 1624 OF 2015 2
6 ANIL K.G.
'LAKSHMI', P.O.KANHANGAD SOUTH, KANHANGAD KASARGODE -
671 531
BY ADVS.
SMT.RENU. D.P., SC, LOK AYUKTA
A.ARUNKUMAR
SRI.M.KRISHNAKUMAR
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
08.09.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 1624 OF 2015 3
P.V.KUNHIKRISHNAN, J
--------------------------------------------
W.P.(C.) No.1624 of 2015
--------------------------------------
Dated this the 8th day of September, 2021
JUDGMENT
The above writ petition is filed with following prayers :
"(a) Call for the records of the case leading to Ext. P6 and
quash the same by the issue of a writ of certiorari or other
appropriate writ or order;
(b) Issue an appropriate writ or order declaring that Ext. P5
complaint as against the petitioner is not at all maintainable
under the provisions of the Kerala Lok Ayuktha Act, 1999.
(c) Grant such other reliefs that this Hon'ble Court may deem
fit to grant under the facts and circumstances of the case.'
2. Today, when the matter came up for consideration,
both parties submitted that the entire dispute is resolved, in the
light of Ext.R3(b) judgment of the civil court. Based on Ext.R3(b)
judgment, Ext.R3(c) representation is submitted by respondents
3 to 6 before the petitioner-Bank. The counsel for the petitioner-
Bank submitted that appropriate steps in the light of Ext.R3(b)
judgment will be taken by the Bank, immediately.
Recording the submission of the petitioner, this writ
petition is closed.
Sd/-
P.V.KUNHIKRISHNAN
JUDGE
SKS
APPENDIX OF WP(C) 1624/2015
PETITIONER EXHIBITS
EXT.P1 - TRUE COPY OF THE PROTEST RECEIVED BY THE
BANK FROM THE 6TH RESPONDENT DATED 25-9-
EXT.P2 - TRUE COPY OF THE RELEVANT PAGE OF THE
MINUTES BOOK RECORDING THE BOARD DECISION
OF THE BANK DATED 25-9-2014
EXT.P3 - TRUE COPY OF THE REQUEST GIVEN BY THE 3RD
RESPONDENT TO THE PETITIONER BANK DATED 25-
9-2014
EXT.P3(A)- TRUE COPY OF THE REQUEST GIVEN BY THE 3RD
RESPONDENT TO THE PETITIONER BANK DATED 25-
9-2014
EXT.P3(B) - TRUE COPY OF THE REQUEST GIVEN BY THE 3RD
RESPONDENT TO THE PETITIONER BANK DATED 25-
9-2014
EXT.P3(C)- TRUE COPY OF THE REQUEST GIVEN BY THE 3RD
RESPONDENT TO THE PETITIONER BANK DATED 25-
9-2014
EXT.P3(D) - TRUE COPY OF THE REQUEST GIVEN BY THE 3RD
RESPONDENT TO THE PETITIONER BANK DATED 25-
9-2014
EXT.P3(E) - TRUE COPY OF THE REQUEST GIVEN BY THE 3RD
RESPONDENT TO THE PETITIONER BANK DATED 25-
9-2014
EXT.P3(F) - TRUE COPY OF THE REQUEST GIVEN BY THE 3RD
RESPONDENT TO THE PETITIONER BANK DATED 25-
9-2014
EXT.P3(G) - TRUE COPY OF THE REQUEST GIVEN BY THE 3RD
RESPONDENT TO THE PETITIONER BANK DATED 25-
9-2014
EXT.P3(H) - TRUE COPY OF THE REQUEST GIVEN BY THE 3RD
RESPONDENT TO THE PETITIONER BANK DATED 25-
9-2014
EXT.P3(I) - TRUE COPY OF THE REQUEST GIVEN BY THE 3RD
RESPONDENT TO THE PETITIONER BANK DATED 25-
9-2014
EXT.P3(J) - TRUE COPY OF THE REQUEST GIVEN BY THE 3RD
RESPONDENT TO THE PETITIONER BANK DATED 25-
9-2014
EXT.P3(K)- TRUE COPY OF THE REQUEST GIVEN BY THE 3RD
RESPONDENT TO THE PETITIONER BANK DATED 24-
9-2014
EXT.P3(L)- TRUE COPY OF THE REQUEST GIVEN BY THE 3RD
RESPONDENT TO THE PETITIONER BANK DATED 24-
9-2014
EXT.P3(M) - TRUE COPY OF THE REQUEST GIVEN BY THE 3RD
RESPONDENT TO THE PETITIONER BANK DATED 24-
9-2014
EXT.P3(N)- TRUE COPY OF THE REQUEST GIVEN BY THE 3RD
RESPONDENT TO THE PETITIONER BANK DATED 24-
9-2014
EXT.P3(O) - TRUE COPY OF THE REQUEST GIVEN BY THE 3RD
RESPONDENT TO THE PETITIONER BANK DATED 24-
9-2014
EXT.P3(P) - TRUE COPY OF THE REQUEST GIVEN BY THE 3RD
RESPONDENT TO THE PETITIONER BANK DATED 24-
9-2014
EXT.P4 - TRUE COPY OF THE SUMMONS RECEIVED BY THE
PETITIONER FROM THE 2ND RESPONDENT IN
COMPLAINT NO.1467/2014 DATED 16-12-2014
EXT.P5 - TRUE COPY OF THE COMPLAINT NO.1467/2014
FILED BEFORE THE 2ND RESPONDENT DATED 25-
11-2014
EXT.P6 - TRUE COPY OF THE ORDER OF THE 2ND
RESPONDENT IN COMPLAINT NO.1467/2014 DATED
16-11-2014
EXT.P7 - TRUE COPY OF THE PLAINT IN OS NO.14/2015 -
MUNSIFF COURT, HOSDURG DATED 1-1-2015
EXT.P7(A) - TRUE COPY OF THE IA NO.30/2015 IN OS
NO.14/2015 MUNSIFF COURT, HOSDURG DATED 1-
1-2015
EXT.P8 - TRUE COPY OF THE AFFIDAVIT FILED BY THE
PETITIONER BEFORE THE MUNSIFF COURT,
HOSDURG IN IA NO.30/2015 IN OS NO.14/2015
DATED 12-1-2015
RESPONDENT'S EXHIBITS :
EXT.R3(A) A TRUE COPY OF THE DECREE O.S.NO.14 OF 2015 DATED 28.2.2019
OF MUNSIFF COURT, HOSDURG.
EXT.R3(B) A TRUE COPY OF THE JUDGMENT O.S.NO.14 OF 2015 DATED
28.2.2019 OF MUNSIFF COURT, HOSDURG.
EXT.R3(C) A TRUE COPY OF THE REPRESENTATION DATED 5.2.2021 JOINTLY
SUBMITTED BY THE RESPONDENTS 3 TO 6 BEFORE THE PETITIONER BANK.
