Kerala High Court
Rani Joseph vs State Of Kerala on 25 August, 2023
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE GOPINATH P.
FRIDAY, THE 25TH DAY OF AUGUST 2023 / 3RD BHADRA, 1945
WP(C) NO. 28303 OF 2023
PETITIONERS:
1 RANI JOSEPH
AGED 53 YEARS, W/O. JOSEPH,
THENGOLAPARAMBIL HOUSE, MADAYIKONAM P.O., MAPRANAM,
THRISSUR DISTRICT, PIN - 680 712.
2 T.O. JOSEPH
AGED 70 YEARS, S/O. OUSEPH,
THENGOLAPARAMBIL HOUSE, MADAYIKONAM P.O., MAPRANAM,
THRISSUR DISTRICT, PIN - 680 712.
BY ADVS.
NISHA GEORGE
GEORGE POONTHOTTAM (SR.)
REGINALD VALSALAN
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY THE SECRETARY TO GOVERNMENT DEPARTMENT
OF CO-OPERATION, GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM, PIN - 695 001.
2 THE REGISTRAR OF CO-OPERATIVE SOCIETIES
JAWAHAR SAHAKARANA BHAVAN 8TH FLOOR, DPI JUNCTION,
THYCAUD P.O., THIRUVANANTHAPURAM, PIN - 695 014.
3 THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES
OFFICE OF THE JOINT REGISTRAR OF COOPERATIVE SOCIETIES
(GENERAL), AYYANTHOLE, THRISSUR DISTRICT,
PIN - 680 003.
4 THE ADMINISTRATOR
KARUVANNUR SERVICE CO-OPERATIVE BANK LTD. NO. 112,
H.O. KARUVANNUR, KARUVANNUR,
THRISSUR DISTRICT, PIN - 680 711.
W.P.(C)No.28303 of 2023 2
5 KARUVANNUR SERVICE CO-OPERATIVE BANK LTD. NO. 112
H.O. KARUVANNUR, KARUVANNUR,
THRISSUR DISTRICT, , PIN - 680 711.
REPRESENTED BY THE SECRETARY.
BY ADV. V. BINOY RAM
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
25.08.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C)No.28303 of 2023 3
JUDGMENT
Petitioners are members of the 5th respondent-Bank. They are
parents of two mentally challenged children. They had deposited
certain amounts in fixed deposits with the Karuvannur Service
Co-operative Bank Ltd. (5th respondent). Even after the maturity,
the amounts due to be paid to the petitioners in terms of the fixed
deposits have not been paid to the petitioners. The petitioners are,
therefore, before this Court seeking the following reliefs:
i. "Issue a Writ of Mandamus directing the respondents to
disburse the fixed deposit of the petitioners along with
interest;
ii. Issue a Writ or Order directing the respondents to speed up
the process of releasing petitioners' fixed deposits considering
the urgent need for the money;
iii. Dispense with the filing of English translation of vernacular
documents;
iv. Issue such other writ order or direction as this Hon'ble Court
may deem fit in the facts and circumstances of the case".
2. The learned counsel for the 5 th respondent would submit
that nearly Rs.5,60,000/- has already been returned to the
petitioners. It is submitted that the amounts due to various
depositors are being returned on the basis of a scheme evolved by
the officials of the co-operative department and any order to pay
amounts dehors the said scheme, will open floodgates and will be a
spoke in the wheel for the revival plans of the 5 th respondent-Bank.
It is submitted that in such circumstances the petitioners can be
paid the balance of the amounts due to them (which is stated to be
around Rs.5,30,000/-) in accordance with the terms of the scheme.
3. The learned Senior Counsel appearing for the petitioners
would refer to Exts.P1 and P2 disability certificates to contend that
in the peculiar facts and circumstances of this case, it may be
necessary for this Court to issue directions to pay the amounts
under fixed deposits, as otherwise the petitioners will be put to
very serious prejudice and hardship. It is submitted that there is
no question of the revival scheme being affected if this Court issues
directions to pay the balance of the amounts along with accrued
interest till the date of payment, as the order need not be treated
as a precedent applicable in other cases.
4. Having heard the learned Senior Counsel appearing for
the petitioners and the learned counsel appearing for the 5 th
respondent and having regard to the fact that the children of the
petitioners are mentally retarded and the amounts are stated to be
required for taking care of the children, I am of the view that the 5 th
respondent can be directed to release the balance of the payments
due to the petitioners under fixed deposits maintained by them with
the 5th respondent dehors the scheme prepared for repayment,
under the supervision of the co-operative department.
5. Accordingly, this writ petition will stand disposed of
directing the 5th respondent to pay the balance of the amounts due
to the petitioners in two equal monthly instalments, the first of
which shall be paid no later than one month from the date of
receipt of a certified copy of this judgment. The balance of the
amounts payable to the petitioners after making payment as above
along with accrued interest up to the date of payment shall be
disbursed no later than three months from the date on which the
first payment is made as directed above. It is made clear that this
order is issued in the peculiar facts and circumstances of this case
and shall not be treated as a precedent in any other case.
Writ petition is disposed of as above.
Sd/-
GOPINATH P.
JUDGE
ats
APPENDIX OF WP(C) 28303/2023
PETITIONERS' EXHIBITS
Exhibit P1 TRUE COPY OF THE CERTIFICATE OF DISABILITY
DATED 22.7.2014 ISSUED BY THE GOVERNMENT TO
MR.SIBIN T.J
Exhibit-P2 TRUE COPY OF DISABILITY DATED 22.7.2014
CERTIFICATE ISSUED BY THE GOVERNMENT TO
MR.ALEX T.J
Exhibit-P3 TRUE COPY OF ONLINE NEWS CLIP FROM "ON
MANORAMA" PUBLISHED ON 28.07.2022
Exhibit-P4 TRUE COPY OF THE INTERIM ORDER DATED
02.08.2022 IN W.P(C) NO. 17482 OF 2022 PASSED
BY THIS HON'BLE COURT
Exhibit-P5 TRUE COPY OF THE ORDER DATED 6.10.2022 IN W.P.
(C) NO. 17482 OF 2022 PASSED BY THIS HON'BLE
COURT
Exhibit-P6 TRUE COPY OF THE MEDICAL BILL NO.32268 DATED
22.10.2022 RAISED TO THE 1ST PETITIONER
Exhibit-P7 TRUE COPY OF THE FIXED DEPOSIT RECEIPT ISSUED
TO THE 1ST PETITIONER WITH NO. 343209 DATED
23.10.2018
Exhibit-P7(a) TRUE COPY OF THE FIXED RECEIPT ISSUED TO THE
1ST PETITIONER WITH NO.343210 DATED 23.10.2018
Exhibit-P7(b) TRUE COPY OF THE FIXED DEPOSIT RECEIPT ISSUED
TO THE 1ST PETITIONER WITH NO.379162 DATED
19.1.2019
Exhibit-P7(c) TRUE COPY OF THE FIXED DEPOSIT RECEIPT ISSUED
TO THE 1ST PETITIONER WITH NO.379163 DATED
19.1.2019
Exhibit-P7(d) TRUE COPY OF THE FIXED DEPOSIT RECEIPT ISSUED
TO THE 1ST PETITIONER WITH NO.379164 DATED
19.1.2019
Exhibit-P7(e) TRUE COPY OF THE FIXED DEPOSIT RECEIPT ISSUED
TO THE 1ST PETITIONER WITH NO.379165 DATED
19.1.2019
Exhibit-P7(f) TRUE COPY OF THE FIXED DEPOSIT RECEIPT ISSUED
TO THE 2ND PETITIONER WITH NO. 347376 DATED
12.8.2020
Exhibit-P7(g) TRUE COPY OF THE FIXED DEPOSIT RECEIPT ISSUED
TO THE 2ND PETITIONER WITH NO.347372 DATED
12.8.2020
Exhibit-P7(h) TRUE COPY OF THE FIXED DEPOSIT RECEIPT ISSUED
TO THE 2ND PETITIONER WITH NO.347373 DATED
12.8.2020
Exhibit -P7(i) TRUE COPY OF THE FIXED DEPOSIT RECEIPT ISSUED
TO THE 2ND PETITIONER WITH NO.347374 DATED
12.8.2020
Exhibit-P7(j) TRUE COPY OF THE FIXED DEPOSIT RECEIPT ISSUED
TO THE 2ND PETITIONER WITH NO.347375 DATED
12.8.2020
Exhibit-P7(k) TRUE COPY OF THE FIXED DEPOSIT RECEIPT ISSUED
TO THE 2ND PETITIONER WITH NO.448570 DATED
19.12.2019
Exhibit-P7(l) TRUE COPY OF THE FIXED DEPOSIT RECEIPT ISSUED
TO THE 2ND PETITIONER WITH NO.448571 DATED
19.12.2019
Exhibit-P7(m) TRUE COPY OF THE FIXED DEPOSIT RECEIPT ISSUED
TO THE 2ND PETITIONER WITH NO.448572 DATED
19.12.2019
Exhibit-P8 TRUE COPY OF THE REQUEST DATED 21.12.2022 OF
THE 2ND PETITIONER TO THE 4TH RESPONDENT
ADMINISTRATOR
