Veerankutty T.M vs The Secretary To The Government
2022 Latest Caselaw 10274 Ker

             IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
              THE HONOURABLE MR. JUSTICE GOPINATH P.
    TUESDAY, THE 27TH DAY OF SEPTEMBER 2022 / 5TH ASWINA, 1944
                      WP(C) NO. 24960 OF 2020
PETITIONER/S:
           VEERANKUTTY T.M, AGED 52 YEARS
           S/O.MOIDEEN, THOPPILTHODI HOUSE, KUMBALAKKODU DESOM,
           PAZHAYANNOOR VILLAGE, THALAPPILLY TALUK, THRISSUR
           DISTRICT-680582.
           BY ADVS.
           RENJITH B.MARAR
           SMT.LAKSHMI.N.KAIMAL
           SHRI.MEERA M.
RESPONDENT/S:
     1     THE SECRETARY TO THE GOVERNMENT
           REPRESENTED BY THE SECRETARY, DEPT. OF CO-OPERATIVE
           SOCIETIES, SECRETARIAT, THIRUVANANTHAPURAM-695001.
     2     JOINT REGISTRAR,CO-OPERATIVE SOCIETIES (THRISSUR),
           COOPERATIVE BHAVAN, AYYANTHOL, THRISSUR-680003.
     3     THE GENERAL MANAGER,THRISSUR CO-OPERATIVE BANK,
           KOVILAKATHUMPADAM, THIRUVAMPADI P.O., THRISSUR-680022.
     4     THE AUTHORIZED OFFICER,THE KERALA STATE CO-OPERATIVE
           BANK, TUDA ROAD, KOVILAKATHUMPADAM, THIRUVAMPADI P.O.,
           THRISSUR-680022.
     5     DISTRICT CRIME BRANCH,
           THRISSUR RURAL, DISTRICT COLLECTOR OFFICE BUILDING,
           AYYANTHOL, THRISSUR DISTRICT-680003.
     6     SHOUKATHALI,
           S/O.MOIDU, MELEPATTVALAPPIL HOUSE, NARANIPPUZHA ROAD,
           CHANGARAMKULAM, MALAPPURAM-679575.
     7     SALIM,AGED 42 YEARS
           S/O.MOIDE, MELAPPATTUVALAPPIL HOUSE, CHALISSERY-679536.
     8     PRADEEP,BANK MANAGER, HEAD OFFICE BRANCH, THRISSUR
           DISTRICT COOPERATIVE BANK, THRISSUR-680307.
     9     ANIL PAUL,AGED 48 YEARS
           S/O.POULOSE, MANICHAYITHAN HOUSE, ANGAMALI-683572.
    10     PRASEETHA,AGED 28 YEARS, KANADY HOUSE, MALA,
            THRISSUR-680732.
           BY ADVS.
           GOVERNMENT PLEADER
          SRI.P.C.SASIDHARAN, SC, THRISSUR DISTRICT CO.OPERATIVE BANK LTD.



     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
27.09.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 24960 OF 2020                      2



                                 JUDGMENT

This writ petition has been filed by the petitioner

seeking a direction to the 2 nd respondent to adjudicate

Ext.P15 Arbitration Petition filed by the petitioner before

the 2nd respondent under the provisions of Section 69 of the

Kerala Co-operative Societies Act.

2. A perusal of Ext.P15 shows that the first prayer in

Ext.P15 is to interdict the respondent bank from proceeding

with the action under the SARFAESI Act. It is well settled

that if the petitioner is aggrieved by any proceedings

initiated by the bank under the provisions of the SARFAESI

Act, the same has to be challenged in proceedings before

the Debts Recovery Tribunal under Section 17 of the

SARFAESI Act and not by way of a petition under Section 69

of the Kerala Co-operative Societies Act, notwithstanding

the fact that the respondent bank is subject to the

jurisdiction of the 2nd respondent.

The writ petition fails and it is accordingly, dismissed.

sd/-

GOPINATH P., JUDGE ajt

APPENDIX OF WP(C) 24960/2020

PETITIONER EXHIBITS EXHIBIT P1 TRUE COPY OF THE JUDGMENT IN W.P.C NO.38424/2015.

EXHIBIT P2 TRUE COPY OF THE FIR IN CRIME NO.397/2018 OF THE THRISSUR TOWN EAST POLICE STATION. EXHIBIT P3 TRUE COPY OF THE NOTICE DATED 30.07.2018 ISSUED BY THE AUTHORIZED OFFICER. EXHIBIT P4 TRUE COPY OF THE REPLY DATED 03.12.2018 SUBMITTED BY THE PETITIONER.

EXHIBIT P5 TRUE COPY OF THE REPLY DATED 29.01.2019 BY THE AUTHORIZED OFFICER, THRISSUR DISTRICT CO- OPERATIVE BANK.

EXHIBIT P6 TRUE COPY OF THE NOTICE DATED 18.05.2019 ISSUED BY THE THRISSUR DISTRICT COOPERATIVE BANK.

EXHIBIT P7 TRUE COPY OF THE NEWSPAPER REPORT 02.07.2019. EXHIBIT P8 TRUE COPY OF THE NOTICE DATED 22.07.2019 ISSUED UNDER SECTION 13(2) OF THE SARFAESI ACT.

EXHIBIT P9 TRUE COPY OF THE REPRESENTATION PREFERRED BY THE PETITIONER, BEFORE THE AUTHORIZED OFFICER, THRISSUR DISTRICT COOPERATIVE BANK. EXHIBIT P10 TRUE COPY OF THE MEMORANDUM OF THE SUIT PREFERRED BY THE PETITIONER BEFORE THE SUB COURT, THRISSUR.

EXHIBIT P11 TRUE COPY OF THE OF INTIMATION DATED 07.10.2020 FROM THE OFFICE OF THE ASST.POLICE COMMISSIONER.

EXHIBIT P12 TRUE COPY OF THE REPLY FROM GRIEVANCE REDRESSAL IN PG PORTAL TO THE HON'BLE PRIME MINISTER OF INDIA DATED 28.09.2020. EXHIBIT P13 TRUE COPY OF THE NOTICE ISSUED TO THE PETITIONER U/S 13(4) OF THE SARFAESI ACT, FOR THE FIRST LOAN DATED 28.10.2020. EXHIBIT P14 TRUE COPY OF THE NOTICE ISSUED TO THE PETITIONER U/S 13(4) OF THE SARFAESI ACT FOR THE SECOND LOAN DATED 28.10.2020. EXHIBIT P15 TRUE COPY OF THE ARBITRATION PETITION PREFERRED BY THE PETITIONER BEFORE THE 2ND RESPONDENT.