Binu K.G vs The Joint Registrar Of ...
2023 Latest Caselaw 9102 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
                THE HONOURABLE MR. JUSTICE GOPINATH P.
     WEDNESDAY, THE 23RD DAY OF AUGUST 2023 / 1ST BHADRA, 1945
                       WP(C) NO. 24441 OF 2023
PETITIONERS:

    1     BINU K.G,
          AGED 52 YEARS
          S/O. GOPALAKRISHNA PILLAI, KOIKKALETHU HOUSE, OMALLUR,
          VAZHAMUTTOM P.O, PATHANAMTHITTA - 689 647.
    2     RESHMI RAMACHANDRAN,
          AGED 43 YEARS
          W/O. BINU K.G, KOIKKALETHU HOUSE, OMALLUR,
          VAZHAMUTTOM P.O, PATHANAMTHITTA - 689 647.
          BY ADV S.ABDUL RAZZAK


RESPONDENTS:

    1     THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES
          (GENERAL),MINI CIVIL STATION,
          PATHANAMTHITTA DISTRICT, PIN - 689 645.
    2     THE OMALLOOR SERVICE CO-OPERATIVE BANK LTD. NO. Q 228,
          REPRESENTED BY ITS SECRETARY, OMALLOOR.P.O.,
          PATHANAMTHITTA, PIN - 689 647.

          BY ADV P.C SASIDHARAN
          SMT. C S. SHEEJA (SR GP)


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
23.08.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 24441 OF 2023
                                   2

                             JUDGMENT

The petitioners deposited certain amounts with the 2 nd

respondent Bank. On the fixed deposits attaining maturity, the

petitioners sought for release of the amounts. On the Bank refusing

to return the amounts in the fixed deposits, the petitioners initiated

proceedings under Section 69 of the Kerala Co-operative Societies

Act before the 1st respondent. The 1st respondent has by Exts.P3 and

P4 orders (both dated 06.06.2023) referred the matter to the

monitoring committee appointed by the Joint Registrar himself to

monitor the activities of the 2nd respondent Bank.

2. Adv.S.Adbul Razzak, the learned counsel appearing for

the petitioners would submit that the Joint Registrar of Co-

operative Societies has no jurisdiction to refer a petition filed before

him under Section 69 of the Kerala Co-operative Societies Act for

the consideration of a monitoring committee constituted by him in

respect of the activities of the 2nd respondent Bank. It is submitted

that this is a clear abdication of jurisdiction vested in the 1 st

respondent in terms of the provisions contained under Section 69

of the Kerala Co-operative Societies Act and therefore, Exts.P3 and

P4 orders are to be set aside and the 1 st respondent is to be directed WP(C) NO. 24441 OF 2023

to take a decision on the claim raised by the petitioners with notice

to the petitioners and to the respondent Bank, within a time frame

to be fixed by this Court.

3. Heard the learned Government Pleader and the learned

counsel appearing for the 2nd respondent Bank.

4. The learned counsel appearing for the 2 nd respondent

would submit that since the financial position of the 2 nd respondent

Bank was poor, the Joint Registrar has constituted a committee for

the purpose of ensuring timely return of deposit amounts, including

the deposit amounts of the petitioners herein. It is submitted that

the said monitoring committee is closely monitoring the affairs of

the society and they are ensuring that recovery proceedings in

respect of amounts due to the society are expedited so that the 2 nd

respondent will be in a position to clear the liability to the

depositors like the petitioners.

5. The learned counsel appearing for the petitioners in

reply would submit that several of the members of the board of

directors of the 2nd respondent are also members of the monitoring

committee and therefore, no depositor can expect any sort of justice

from the said committee.

WP(C) NO. 24441 OF 2023

Having heard the learned counsel appearing for the petitioner,

the learned Government Pleader appearing for the 1 st respondent

and the learned counsel appearing for the 2 nd respondent, I am

clearly of the view that there is considerable merit in the contention

taken by the learned counsel appearing for the petitioners that when

a petition under Section 69 of the Kerala Co-operative Societies Act

is filed before the 1st respondent, he had no jurisdiction whatsoever,

to refer the matter for consideration of the monitoring committee

constituted by him in respect of the affairs of the 2nd respondent

society. The 1st respondent was bound to consider the matter himself

and to take a decision regarding the actual amount to be paid to the

petitioners by the 2nd respondent. Instead of doing that, the 1 st

respondent has referred the matter for the consideration of the

committee constituted as above. This is clearly an abdication of the

statutory duties by the 1st respondent. Therefore, Exts.P3 and P4 are

set aside and the 1st respondent is directed to adjudicate the claim

raised by the petitioners, in accordance with the law, within a period

of three months from the date of receipt of a certified copy of this

judgment.

Sd/-

GOPINATH P.

JUDGE DK WP(C) NO. 24441 OF 2023

APPENDIX OF WP(C) 24441/2023

PETITIONER EXHIBITS ExhibitP1 PHOTOCOPY OF 1ST PETITIONER'S REFERENCE DATED 19/05/2023 OF THE MONETARY DISPUTE TO 1ST RESPONDENT ExhibitP2 PHOTOCOPY OF 2ND PETITIONER'S REFERENCE DATED 19/05/2023 FOR SIMILAR MONETARY DISPUTE TO 1ST RESPONDENT ExhibitP3 PHOTOCOPY OF 1ST RESPONDENT'S REPLY DATED 06/06/2023 ON 1ST PETITIONER'S REFERENCE ExhibitP4 PHOTOCOPY OF 1ST RESPONDENT'S REPLY DATED 06/06/2023 ON 2ND PETITIONER'S REFERENCE ExhibitP5 PHOTOCOPY OF 1ST RESPONDENT'S ORDER NO. JRGPTA/542/2023-CRP(1) DATED 09/03/2023