Balaramapuram Panchayat ... vs P.Rajan
2022 Latest Caselaw 3427 Ker

         IN THE HIGH COURT OF KERALA AT ERNAKULAM
                          PRESENT
        THE HONOURABLE MR. JUSTICE P.B.SURESH KUMAR
                             &
          THE HONOURABLE MRS. JUSTICE C.S. SUDHA
 TUESDAY, THE 22ND DAY OF MARCH 2022 / 1ST CHAITHRA, 1944
                    WA NO. 336 OF 2022
    AGAINST THE JUDGMENT DATED 27.01.2022 IN WP(C)NO.
            19018/2021 OF HIGH COURT OF KERALA
APPELLANTS/RESPONDENTS 3 AND 4:

    1     BALARAMAPURAM PANCHAYAT RESIDENT WELFARE
          COOPERATIVE SOCIETY LTD.,
          BALARAMAPURAM P.O., NEYYATTINKARA,
          THIRUVANANTHAPURAM-695501, REPRESENTED BY ITS
          SECRETARY
    2     CONVENER,
          ADMINISTRATIVE COMMITTEE, BALARAMAPURAM
          PANCHAYAT RESIDENT WELFARE CO- OPERATIVE SOCIETY
          LTD., BALARAMAPURAM P.O., NEYYATTINKARA,
          THIRUVANANTHAPURAM, PIN - 695501
          BY ADV N.ANAND
RESPONDENTS/PETITIONERS/RESPONDENTS 1 AND 2, 5:

    1     P.RAJAN
          AGED 54 YEARS, S/O.PARAMESWARAN NAIR,
          THENGUMTHUNDIL, PUTHENVEEDU, MANAKKARA,
          SASTHAMKOTTA, KOLLAM DISTRICT.
    2     K.SUKUMARAN,
          AGED 60 YEARS, S/O KUTTAN PILLAI,
          EDAMANAKUZHI, ANTHIYOOR, BALARAMAPURAM P.O.,
          THIRUVANANTHAPURAM DISTRICT.
    3     MANJULESAN,
          AGED 54 YEARS, MANJIMA NIVAS, MANJULAKKAL,
          KATTAKKADA P.O., THIRUVANANTHAPURAM.
    4     JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES
          (GENERAL), THIRUVANANTHAPURAM, PIN - 695001
    5     ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES,
          NEYYATTINKARA, THIRUVANANTHAPURAM - 695121
 Writ Appeal No.336 of 2022      2



     6      THE SENIOR SUPERINTENDENT,
            KERALA STATE ELECTRICITY BOARD LTD,
            ELECTRICAL DIVISION, KATTAKKADA,
            THIRUVANANTHAPURAM DISTRICT, PIN - 695543
            SRI.LATHEESH SEBASTIAN
            SRI.RIJI RAGENDRAN SC
         THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON
22.03.2022, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
 Writ Appeal No.336 of 2022             3




              P.B.SURESH KUMAR & C.S.SUDHA, JJ.
               -----------------------------------------------
                   Writ Appeal No.336 of 2022
               -----------------------------------------------
            Dated this the 22nd day of March, 2022.


                               JUDGMENT

P.B.Suresh Kumar, J.

This writ appeal is directed against the judgment

dated 27.01.2022 in W.P.(C) No.19018 of 2021. The appellants

were respondents 3 and 4 in the writ petition. Parties are

referred to in this judgment as they appear in the writ petition.

2. The third respondent is a co-operative society

registered and functioning under the Kerala Co-operative

Societies Act, 1969 (the Act). The second petitioner is a person

from whom amounts are due to the third respondent and the

first petitioner who is not a member of the third respondent, is a

person who has a few fixed deposits in the third respondent.

The first petitioner requested the third respondent to close the

fixed deposits and adjust the proceeds of the same to settle the

liability of the second petitioner. The third respondent did not

consider the said request. The writ petition was filed in the

circumstances seeking directions to the third respondent to

make the adjustment referred to above.

3. When the matter was taken up by the learned

single judge, the fact that the first petitioner is a person who

holds fixed deposits with the third respondent was not disputed.

Nevertheless, it was contended by the third respondent that

since the first petitioner is not a member of the third

respondent, the adjustment sought for cannot be granted.

When the court required the third respondent to close the fixed

deposits of the first petitioner and return the proceeds of the

same to him so as to enable him to liquidate the liability of the

second petitioner, third respondent took the stand that they are

not in a position now to disburse the proceeds of the fixed

deposits on account of financial stringency. In the

circumstances, the learned Single Judge disposed of the writ

petition directing the third respondent to adjust the liability of

the second petitioner with the proceeds of the fixed deposits of

the first petitioner, and to pay the balance, if any, to the first

petitioner. Respondents 3 and 4 are aggrieved by the said

decision of the learned Single Judge.

4. Heard the learned counsel for the appellants.

5. The learned counsel for the appellants pointed

out that the second petitioner was a member of the Managing

Committee of the third respondent, and while holding the said

office, he committed several misleads, mostly economic in

nature and proceedings have, therefore, been initiated against

him under Section 68 of the Act. It was also pointed out by the

learned counsel that there is a mystery as to how the first

petitioner who is not a member of the third respondent would

deposit money with the third respondent, and the true nature of

the said transaction would be revealed only at the culmination

of the proceedings under Section 68 initiated against the

second petitioner. According to the learned counsel, the learned

Single Judge ought not have, in the circumstances, directed the

adjustment sought by petitioners 1 and 2.

6. On a query from the court, the learned counsel

for respondents 3 and 4 did not dispute the fact that the first

petitioner has made the fixed deposits referred to in the writ

petition. If as a matter of fact, amounts have been received by

the third respondent from the first petitioner and if the third

respondent is unable to repay the same, the learned Single

Judge cannot be found fault with for having issued the

impugned direction.

The writ appeal is, therefore, without merits and the

same is, accordingly dismissed.

Sd/-

P.B.SURESH KUMAR, JUDGE.

Sd/-

C.S.SUDHA, JUDGE.

YKB

APPENDIX PETITIONER'S/S EXHIBITS:

ANNEXURE A1 TRUE COPY OF THE REPLY AFFIDAVIT DATED 09.03.2020 FILED BY THE 2ND RESPONDENT IN W.P.(c) NO.35503 OF 2019.

ANNEXURE A2 TRUE COPY OF THE CASH RECEIPT DATED 18.09.2019.

ANNEXURE A3 TRUE COPY OF THE FIXED DEPOSIT RECEIPT.

ANNEXURE A4 TRUE COPY OF TRUE COPY OF THE CASH RECEIPT DATED 22.10.2019.

ANNEXURE A5 TRUE COPY OF THE FIXED DEPOSIT RECEIPT DATED 22.10.2019.