Priya Chandran Nair vs Deputy Registrar (Vigilance)
2023 Latest Caselaw 7514 Ker

                    IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                      PRESENT
                      THE HONOURABLE MR. JUSTICE GOPINATH P.
               FRIDAY, THE 7TH DAY OF JULY 2023 / 16TH ASHADHA, 1945
                               WP(C) NO. 22169 OF 2023
PETITIONER:

              PRIYA CHANDRAN NAIR, AGED 49 YEARS
              W/O SUNIL KUMAR; RESIDING AT: PRAYAG VILASAM, PANTHUKALAM,
              PERUMKULAM P.O., THOTTIKALLU, VARKALA,
              THIRUVANANTHAPURAM, PIN - 695102

              BY ADVS.
              R.RAJESH (VARKALA)
              M.KIRANLAL
              MANU RAMACHANDRAN
              SAMEER M NAIR
              GEETHU KRISHNAN
              SAILAKSHMI MENON


RESPONDENTS:

     1        DEPUTY REGISTRAR (VIGILANCE),
              DEPARTMENT OF COOPERATION, GOVERNMENT OF KERALA;
              OFFICE AT: OFFICE OF THE REGISTRAR OF CO-OPERATIVE SOCIETIES JAWAHAR
              SAHAKARANA BHAVAN DPI JUNCTION, THYCAUD (P.O),
              THIRUVANANTHAPURAM, PIN - 695014
     2        JOINT REGISTRAR, THIRUVANANTHAPURAM
              DEPARTMENT OF CO-OPERATION, GOVERNMENT OF KERALA;
              OFFICE AT: JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES, JAWAHAR
              SAHAKARANA BHAVAN, DPI JN., JAGATHY
              THIRUVANANTHAPURAM, PIN - 695014
     3        ASSISTANT REGISTRAR, VARKALA
              DEPARTMENT OF COOPERATION, GOVERNMENT OF KERALA;
              OFFICE AT: ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES,
              PUNNAMOODU, VARKALA, PIN - 695141
     4        MANAMBOOR SERVICE CO-OPERATIVE BANK LTD. NO. 2825
              SITUATED AT: MANAMBOOR POST, THIRUVANANTHAPURAM
              REPRESENTED BY ITS SECRETARY., PIN - 695611
     5        SECRETARY, MANAMBOOR SERVICE CO-OPERATIVE BANK LTD. NO. 2825;
              OFFICE AT: MANAMBOOR POST, THIRUVANANTHAPURAM, PIN - 695611
 W.P.(C). NO. 22169 OF 2023                 2

       6       BRANCH MANAGER, MANAMBOOR SERVICE CO-OPERATIVE BANK LTD. NO.
               2825; OFFICE AT: MANAMBOOR POST,
               THIRUVANANTHAPURAM, PIN - 695611
       7       PRESIDENT, MANAMBOOR SERVICE CO-OPERATIVE BANK LTD. NO. 2825;
               OFFICE AT: MANAMBOOR POST, THIRUVANANTHAPURAM, PIN - 695611
       8       OMBUDSMAN, KERALA COOPERATIVE DEPARTMENT,
               GOVERNMENT OF KERALA; OFFICE AT: KERALA COOPERATIVE
               OMBUDSMAN'S OFFICE, KAITHAMUKKU,
               THIRUVANANTHAPURAM, PIN - 695023
       9       STATION HOUSE OFFICER
               KALLAMBALAM POLICE STATION;
               SITUATED AT: KALLAMBALAM P.O.,
               THIRUVANANTHAPURAM, PIN - 695605

               BY SMT.C.S.SHEEJA.S-SR.GP


       THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 07.07.2023,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 W.P.(C). NO. 22169 OF 2023             3


                                  JUDGMENT

Dated this the 7th day of July, 2023.

Petitioner has approached this Court alleging that a gold

chain pledged by the petitioner for availing financial assistance

from the 4th respondent society was not returned to the

petitioner despite paying the loan amount in full and instead

the petitioner was forced to accept another gold chain of lessor

weight. According to the petitioner, this is a serious fraud

committed by the society and a detailed enquiry is to be

conducted in the matter. The petitioner has already preferred

a complaint before the 9th respondent and also before the 3rd

respondent.

3. The learned Government Pleader submits that while

the 9th respondent may be competent to investigate the matter

if he finds that any criminal offence has been committed, it

may not be possible for the authorities under the Co-operative

Societies Act to conduct any enquiry and to determine the

truth of the matter in the factual circumstances of this case.

Having heard the learned counsel for the petitioner and

the learned Senior Government Pleader, I am of the opinion

that while it may be possible for the petitioner to pursue the

complaint filed before the 9th respondent in a manner known to

law, the relief sought for in the present writ petition cannot be

granted.

This writ petition fails and and it is accordingly dismissed

in limine.

Sd/-

rps/                                      GOPINATH P., JUDGE



                             APPENDIX OF WP(C) 22169/2023

PETITIONER EXHIBITS
Exhibit P1                   A TRUE COPY OF THE RECEIPT ISSUED CLOSING THE GOLD

LOAN ISSUED BY 4TH RESPONDENT SOCIETY AS ON 10.06.2022 Exhibit P2 A TRUE COPY OF THE RECEIPT ISSUED BY THE 9TH RESPONDENT TO PETITIONER AS ON 16.06.2022 Exhibit P3 A TRUE COPY OF COMPLAINT BEFORE ATTINGAL TALUK LEGAL SERVICE COMMITTEE AS ON 16.06.2022 Exhibit P4 A TRUE COPY OF THE REPLY TO PETITIONER 16.06.2022 COMPLAINT AS ON 20.09.2022 Exhibit P5 A TRUE COPY OF THE NOTICE ISSUED UNDER SECTION 98 OF KERALA COOPERATIVE SOCIETIES ACT TO PETITIONER IN CASE NO. 27/2023 Exhibit P6 A TRUE COPY OF THE REPLY FROM VARKALA MUNICIPALITY TO STATE HUMAN RIGHTS COMMISSION IN HRC/6443/11/12/2022 TVM