Gurukripa Micro Finance Self Help ... vs The District Collector, ...
2023 Latest Caselaw 1134 Ker

                  IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
                     THE HONOURABLE MR.JUSTICE V.G.ARUN
         WEDNESDAY, THE 18TH DAY OF JANUARY 2023 / 28TH POUSHA, 1944
                          WP(C) NO. 35794 OF 2022
PETITIONERS:

     1       GURUKRIPA MICRO FINANCE SELF HELP GROUP
             NO. 1827/18/W/12, BUDHANOOR P.O., CHENGANNUR TALUK,
             ALAPPUZHA DISTRICT, REPRESENTED BY CONVENER SREEDEVI AGED
             44, W/O. BIJU, RESIDING AT LEKSHMI NIVAS, BUDHANOOR P.O.,
             ENNAKKADU VILLAGE, CHENGANNUR TALUK, ALAPPUZHA DISTRICT,
             PIN- 689510.
     2       SREEDEVI
             AGED 44, W/O BIJU, RESIDING AT LEKSHMI NIVAS, BUDHANOOR
             P.O., ENNAKKADU VILLAGE, CHENGANNUR TALUK, ALAPPUZHA
             DISTRICT, PIN -689510.
     3       MINIKUMARI,
             AGED 45 YEARS, W/O SURENDREN P.R., ADARSH BHAVAN, ENNAKKADU
             VILLAGE, CHENGANNUR TALUK, ALAPPUZHA DISTRICT, PIN 689510.
             BY ADV K.N.RADHAKRISHNAN(THIRUVALLA)


RESPONDENTS:

     1       THE DISTRICT COLLECTOR, ALAPPUZHA
             COLLECTORATE, ALAPPUZHA DISTRICT -PIN-688001
     2       THE DEPUTY TAHSILDAR (R.R),
             CHENGANUR TALUK, CHENGANNUR TALUK OFFICE, CHENGANNUR,
             ALAPPUZHA DISTRICT, PIN- 689121
     3       THE BRANCH MANAGER,
             UNION BANK OF INDIA, CHENGANNUR TALUK OFFICE, CHENGANNUR,
             ALAPPUZHA DISTRICT, PIN-689121
     4       SREE NARAYANA DHARMA PARIPALANA YOGAM,
             REPRESENTED BY ITS CONVENOR, CHENGANNUR UNION,
             CHENGANNUR, ALAPPUZHA DISTRICT, PIN-689121.
     5       ANU C.SENEN,
             AGD 48 YEARS, S/O. CHANDRASENAN, KOTTAPPARAMBIL HOUSE, AALA
             P.O., ALA VILLAGE, CHENGANNUR ,ALAPUZHA DISTRICT,
             PIN-689 126
     6       K.SANTHOSH,
             AGED 50 YEARS, S/O KARUNAKARAN, VALLIYODAPARAMBIL HOUSE,
             ERAMATHOOR PO., MANNAR VILLAGE, ALAPPUZHA DISTRICT, PIN-688
             537

     7       V.SURENDREN,
             VALIYAMALAYIL HOUSE, VENMONI P.O., VENMONI VILLAGE,
             CHENGANNUR TALUK, CHENGANNUR, ALAPPUZHA DISTRICT,PIN-689509
 W.P.(C)NO.35794 OF 2022
                                          2

              BY ADVS.
              RIYAL DEVASSY, GOVERNMENT PLEADER
              ASP.KURUP
              SADCHITH.P.KURUP(K/1419/2002)
              C.P.ANIL RAJ(K/872/2007)
              SIVA SURESH(K/2688/2022)


      THIS   WRIT    PETITION   (CIVIL)   HAVING   COME   UP   FOR   ADMISSION   ON
18.01.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 W.P.(C)NO.35794 OF 2022
                                            3




                                     JUDGMENT

Dated this the 18th day of January, 2023

The 1st petitioner is a Self Help Group formed

for promoting the welfare activities of women

belonging to Ezhava community and is attached to

the Sree Narayana Dharma Paripalana Yogam

(SNDP). The 2nd petitioner is the Convenor and the

3rd petitioner, the Joint Convenor of the Self Help

Group. The 1st petitioner availed a loan of Rs.3 lakhs

from the Union Bank of India. As directed by the

SNDP Union, the loan amount was repaid to the

Union on the understanding that the amount would

be remitted by the Union to the Bank. Contrary to

the understanding, the amount paid by the 1 st

petitioner and other Self Help Groups were

embezzled and no amount was remitted to the bank.

This resulted in the bank initiating recovery

measures against the petitioners. The petitioners

allege that the title deeds given to the bank as W.P.(C)NO.35794 OF 2022

security for the loan was misused by availing

another loan. On being alerted about the fraud, the

petitioners filed Ext.P2 complaint, based on which

Crime is registered against the office bearers of the

SNDP union as well as the officers of the Union Bank

of India. This writ petition is filed, aggrieved by

continuance of the recovery measures.

2. Heard learned Counsel for the petitioners and

the learned Standing Counsel for the bank.

3. It is pointed out that, writ petitions filed by

similarly placed Self Help Groups seeking identical

reliefs were disposed of by Ext.R3 (A) judgment.

4. Having carefully gone through Ext.R3(A)

judgment, I find that the grievance highlighted by

the petitioners have been substantially dealt with

and the following directions issued;

"1. The petitioners are free to challenge the recovery proceedings against them, in accordance to law, by availing the alternative remedy. To facilitate the petitioners to avail the alternative remedy, revenue recovery proceedings initiated against the petitioners in these cases are stayed for a period of three W.P.(C)NO.35794 OF 2022

months from today. During the above period, the petitioners can do the needful to avail the alternative remedy.

2. The petitioners in these cases can approach the jurisdictional Station House Officer concerned with a complaint narrating their grievance, if no criminal case is registered in connection with their grievance. If such a complaint is received the Station House Officer concerned will do the needful, in accordance to law.

3. The petitioners can approach the State Police Chief with a representation to investigate the criminal cases registered in connection with these cases by constituting a Special Team and if such a representation is received, the State Police Chief will do the needful, in accordance to law.

4. If any of the cases registered based on the complaint of the petitioners are reached the stage of trial, the aggrieved party/prosecution witnesses in those cases can approach the jurisdictional Court with a petition for an early disposal of those cases and if such a petition is received, the jurisdictional Court will try to expedite the trial and will conclude the trial, as expeditiously as possible."

6. Learned Counsel for the petitioners

submitted that the crimes are now being W.P.(C)NO.35794 OF 2022

investigated by the Crime Branch, based on the

direction in Ext.P4 judgment. It is also submitted

that the time limit of three months granted in

Ext.R3(A) judgment will not be sufficient for

instituting a civil suit.

The writ petition is accordingly disposed of, with

the following directions;

i. The petitioners are free to challenge the

recovery proceedings against them, in

accordance to law, by availing the alternative

remedy. To facilitate the petitioners to avail

the alternative remedy, the revenue recovery

proceedings initiated at the instance of the

Bank is stayed for a period of six months

from today.

ii. The petitioners can approach the

jurisdictional Station House Officer or the

Crime Branch officer in charge of the

investigation for expediting the investigation.

The needful shall thereupon be done by the W.P.(C)NO.35794 OF 2022

officer concerned.

iii. If the case registered based on the

complaint of the petitioners have reached the

stage of trial, the aggrieved party/prosecution

witnesses in the case can approach the

jurisdictional Court with a petition for early

disposal of the case. If such a petition is

received, the jurisdictional Court shall try to

expedite the trial and dispose the case, as

expeditiously as possible.

Sd/-

V.G.ARUN JUDGE NB/18-1 W.P.(C)NO.35794 OF 2022

APPENDIX OF WP(C) 35794/2022

PETITIONERS' EXHIBITS EXHIBIT P1 A TRUE COPY OF THE RELEVANT PAGES OF THE PASS BOOK ISSUED BY THE 4TH RESPONDENT UNION EXHIBIT P2 THE TRUE COPY OF COMPLAINT SUBMITTED BY THE PETITIONER TO STATE POLICE CHIEF DATED 14.07.2018 EXHIBIT P3 A TRUE COPY OF THE DEMAND NOTICE DATED 11.01.2021 ISSUED TO ALL MEMBERS OF FIRST PETITIONER MICROFINANCE UNIT, BY THE 2ND RESPONDENT EXHIBIT P4 THE COPY OF JUDGEMENT IN WPC NO.31710/2014 DATED 15.01.2016 EXHIBIT P5 A TRUE COPY OF THE INTERIM ORDER DATED 11.10.2022 IN WP(C) NO. 32156 OF 2022

RESPONDENTS' EXHIBITS

EXHIBIT R3A COPY OF JUDGMENT DATED 16.2.2022 PASSED IN WPC NO. 2335/2019 EXHIBIT R3B COPY OF JUDGMENT DATED 22.8.2022 PASSED IN WPC NO. 26695/2022

TRUE COPY P.A. TO JUDGE