M.G.Sidhardhan vs The Vayalar Pattikajathy ...
2023 Latest Caselaw 8493 Ker

                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
                 THE HONOURABLE MR. JUSTICE GOPINATH P.
        MONDAY, THE 7TH DAY OF AUGUST 2023 / 16TH SRAVANA, 1945
                        WP(C) NO. 21188 OF 2022
PETITIONER/S:

            M.G.SIDHARDHAN
            AGED 61 YEARS
            S/O. GOVINDAN, 'GOVINDAYALAM', P.O.VAYALAR - 688 536,
            CHERTHALA, ALAPPUZHA DISTRICT.
            BY ADVS.
            M.SASINDRAN
            S.SHYAM KUMAR


RESPONDENT/S:

    1       THE VAYALAR PATTIKAJATHY CO-OPERATIVE SOCIETY LTD
            NO.A 777, P.O.VAYALAR - 688 536, CHERTHALA, ALAPPUZHA
            DISTRICT, REPRESENTED BY ITS SECRETARY.
    2       THE ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES
            (GENERAL) ,OFFICE OF THE ASSISTANT REGISTRAR OF CO-
            OPERATIVE SOCIETIES (GENERAL) CHERTHALA - 688 030,
            ALAPPUZHA DISTRICT.
    3       THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES
            (GENERAL),OFFICE OF THE JOINT REGISTRAR OF CO-OPERATIVE
            SOCIETIES (GENERAL) ALAPPUZHA - 688 011.
    4       STATE OF KERALA,REPRESENTED BY SECRETARY TO GOVERNMENT,
            DEPARTMENT OF CO-OPERATION, SECRETARIAT,
            THIRUVANANTHAPURAM - 695 001.
            BY ADVS.
            B.PRAMOD
            GOVERNMENT PLEADER
            BIJU VIGNESWAR(KAR/171/1998)
            AYYAPPADAS V(K/001500/2018)




            SMT. RESHMI THOMAS (GP)


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
07.08.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 21188 OF 2022             2



                               JUDGMENT

Petitioner has approached this Court, being aggrieved by

the fact that certain amounts, lying in Fixed Deposits with the

1st respondent bank and certain amounts due to the petitioner

under the Monthly Deposit Scheme of the 1 st respondent

Society, has not been paid to the petitioner despite the fact

that the Fixed Deposits have matured and despite the fact that

the petitioner is also entitled to receive the amounts under the

Monthly Deposits Scheme.

2. Learned counsel appearing for the 1 st respondent

bank would submit that the 1st respondent Society is passing

through severe financial crisis and the amounts claimed by the

petitioner can be returned to the petitioner, within a period of

one year.

3. Learned counsel appearing for the petitioner would

submit that this writ petition may be disposed of, directing the

1st respondent to release the amounts due to the petitioner, in

some instalments, together with any accrued interest.

4. Having heard the learned counsel appearing for

the petitioner and the learned counsel appearing for the 1 st

respondent and having regard to the submissions made as

above, this writ petition will stand disposed of, directing the

1st respondent to release to the petitioner the amounts due to

the petitioner under the Fixed Deposits maintained by him and

also under the Monthly Deposit Scheme in four equal

quarterly instalments together with any accrued interest. The

1st instalment shall be paid on or before 31.12.2023 and the

subsequent instlaments shall be paid on or before 31.03.2024,

30.06.2024 and 30.09.2024.

The writ petition is disposed of as above.

Sd/-

GOPINATH P.

JUDGE ajt

APPENDIX OF WP(C) 21188/2022

PETITIONER EXHIBITS Exhibit P1 A TRUE COPY OF THE CUMULATIVE CASH CERTIFICATE DATED 1.11.2018 ISSUED BY THE 1ST RESPONDENT.

Exhibit P2 A TRUE COPY OF THE CUMULATIVE CASH CERTIFICATE DATED 21.01.2020 ISSUED BY THE 1ST RESPONDENT.

Exhibit P3 A TRUE COPY OF THE CUMULATIVE CASH CERTIFICATE DATED 07.12.2019 ISSUED BY THE 1ST RESPONDENT.

Exhibit P4 A TRUE COPY OF THE CUMULATIVE CASH CERTIFICATE DATED 21.01.2020 ISSUED BY THE 1ST RESPONDENT.

Exhibit P5 A TRUE COPY OF THE CUMULATIVE CASH CERTIFICATE DATED 24.01.2020 ISSUED BY THE 1ST RESPONDENT.

Exhibit P6 A TRUE COPY OF THE CUMULATIVE CASH CERTIFICATE DATED 21.01.2020 ISSUED BY THE 1ST RESPONDENT Exhibit P7 A TRUE COPY OF THE CUMULATIVE CASH CERTIFICATE DATED 7-12-20 ISSUED BY THE 1ST RESPONDENT.

Exhibit P8 A TRUE COPY OF THE COMMUNICATION DATED 21.12.2021 ISSUED BY THE 2ND RESPONDENT. Exhibit P9 A TRUE COPY OF THE JUDGMENT DATED 12.07.2021 W.P.(C).NO.9201/2021.