Maniyappan.T.V vs T.G.Padmanabhan Nair
2021 Latest Caselaw 18972 Ker

             IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
          THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
    FRIDAY, THE 10TH DAY OF SEPTEMBER 2021 / 19TH BHADRA, 1943
                        RP NO. 240 OF 2021
 AGAINST THE ORDER/JUDGMENT IN WP(C) 22984/2019 OF HIGH COURT OF
                               KERALA


REVIEW PETITIONER/3RD PARTY:



          MANIYAPPAN.T.V.
          AGED 63 YEARS
          S/O.VASUDEVAN, THAIKOOTTATHIL, PATTANAKKAD P.O.,
          ALAPPUZHA - 688 531.
          BY ADVS.
          B.PRAMOD
          SMT.NAMITHA JYOTHISH


RESPONDENTS/PETITIONER & RESPONDENTS 1 TO 3:

    1     T.G.PADMANABHAN NAIR
          AGED 74 YEARS
          ALUNKAL PARAMB BHAVANAM, KUTHIYATHODU, WARD NO.19,
          THURAVOOR P.O., ALAPPUZHA - 688 532.
    2     THE BOARD OF DIRECTORS/MANAGING COMMITTEE
          PATTANAKKAD SERVICE CO-OPERATIVE BANK LTD.NO.1144,
          PATTANAKKAD P.O., CHERTHALA, ALAPPUZHA - 688 531, REP.
          BY ITS PRESIDENT.
    3     PATTANAKKAD SERVICE CO-OPERATIVE BANK LTD.NO.1144
          PATTANAKKAD P.O., CHERTHALA, ALAPPUZHA - 688 531, REP.
          BY ITS SECRETARY.
    4     JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES (GENERAL)
          OFFICE OF THE JOINT REGISTRAR GENERAL, ALAPPUZHA - 688
          001.
 R.P. NO. 240 OF 2021
                                   2


           SRI.ASWIN SETHUMADHAVAN (SR.GP)

     THIS REVIEW PETITION HAVING COME UP FOR ADMISSION ON 10.09.2021,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 R.P. NO. 240 OF 2021
                                    3



                             O R D E R

This review petition has been filed by Sri.Maniyappan.T.V,

who is stated to be the former Secretary of Pattanakkad Service

Co-operative Bank Ltd.

2. According to the review petitioner, the judgment

sought to be reviewed virtually finds him guilty of the allegations

recorded therein; and consequently that he is unable to now pursue

the remedies before the competent Authorities effectively.

3. The petitioner also has a case that the writ petitioner is

not as innocent as he has made himself out to be and that there

are amounts still due from him, though the Bank now takes the

stand that he is free of such debt; and consequently that said

liability is also sought to be cast upon him. The petitioner,

therefore, prays that the judgment sought to be reviewed be

recalled and the writ petitioner be heard again.

4. I have heard Sri.B.Pramod - learned counsel for the

review petitioner; Sri.Somasundaram - learned counsel appearing R.P. NO. 240 OF 2021

for the writ petitioner; Sri.T.R.Harikumar - learned counsel

appearing for the Service Co-operative Bank and the learned

Senior Government Pleader - Sri.Ashwin Sethumadhavan

appearing for the official respondents.

5. I must record upfront that the submissions made on

behalf of the review petitioner by Sri.B.Pramod are not accurate

because, nowhere in the judgment sought to be reviewed, have I

found conclusively that the review petitioner is guilty of any of the

allegations made against him. I have only recorded the

submissions of the learned Senior Government Pleader with

respect to an enquiry stated to have been conducted against the

Bank as also the review petitioner; but I did not find, in any

manner whatsoever, that he was either guilty or innocent.

6. Obviously, therefore, it is for the petitioner to prove his

innocence, untrammeled by any of my observations in the

judgment; and it is apodictic that, if he is able to prove his

innocence and to show that amounts are still due from the writ

petitioner, then necessary action for its recovery will need to be R.P. NO. 240 OF 2021

taken forward by the competent Authorities. I have not impeded

such course, in any manner, in my judgment; and am, therefore, of

the view that this Review Petition is not necessary to be

entertained by this Court.

Resultantly, this Petition is closed, with the afore

clarifications.

Sd/-

DEVAN RAMACHANDRAN JUDGE SAS/10/09/2021