Thankachan G vs The Registrar Of Co-Operative ...
2023 Latest Caselaw 7802 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
                THE HONOURABLE MR. JUSTICE GOPINATH P.
     WEDNESDAY, THE 26TH DAY OF JULY 2023 / 4TH SRAVANA, 1945
                        WP(C) NO. 3570 OF 2022
PETITIONER:

          KHALID KUTTY
          AGED 65 YEARS, S/O. ALI KUNJU,
          VANIYANTAYYATHU RAJEENA MANZIL,
          PULLIYOORVANCHI NORTH, THODIYOOR VILLAGE,
          THAZHAVA P.O., KARUNAGAPPALLY TALUK, KOLLAM-690 523.

          BY ADVS.
                    K.S.HARIHARAPUTHRAN
                    S.R.PRASANTH
                    BHANU THILAK


RESPONDENTS:

    1     THE REGISTRAR OF CO-OPERATIVE SOCIETIES (GENERAL),
          THIRUVANANTHAPURAM, KERALA-695 014.

    2     THE ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES,
          SASTHAMCOTTA P.O., KOLLAM-690 521.

    3     THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES
          (GENERAL),
          OFFICE OF THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES
          (GENERAL), CIVIL STATION, KOLLAM DISTRICT-691 013.

    4     THE PORUVAZHI SERVICE CO-OPERATIVE BANK LTD. NO.1132,
          REPRESENTED BY ITS SECRETARY,
          CHATHAKULAM P.O., KOLLAM-690 520.

    5     THE ADMINISTRATOR,
          THE PORUVAZHI SERVICE CO-OPERATIVE BANK LTD. NO.1132,
          CHATHAKULAM P.O., KOLLAM-690 520.

          BY ADVS
                     S.SREEJITH
                     RESHMI THOMAS (GP)


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
26.07.2023, ALONG WITH WP(C).3606/2022, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
 WPC Nos.3570 & 3606 of 2022

                                            2

                   IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                         PRESENT
                     THE HONOURABLE MR. JUSTICE GOPINATH P.
        WEDNESDAY, THE 26TH DAY OF JULY 2023 / 4TH SRAVANA, 1945
                                 WP(C) NO. 3606 OF 2022
PETITIONER:

               THANKACHAN G
               AGED 64 YEARS, S/O. GEORGE,
               PULIVILAYIL HOUSE, PADINJATTEKIZHAKK,
               SOORANADU NORTH VILLAGE, SOORANADU P.O,
               KUNNATHOOR TALUK, KOLLAM - 690 522.

               BY ADVS.
                              K.S.HARIHARAPUTHRAN
                              S.R.PRASANTH
                              BHANU THILAK


RESPONDENTS:

       1       THE REGISTRAR OF CO-OPERATIVE SOCIETIES
               (GENERAL), THIRUVANANTHAPURAM, KERALA - 695 014.

       2       THE ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES.
               SASTHAMCOTTA P.O, KOLLAM - 690 521.

       3       THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES (GENERAL)
               OFFICE OF THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES
               (GENERAL), CIVIL STATION, KOLLAM DISTRICT - 691 013.

       4       THE PORUVAZHI SERVICE CO-OPERATIVE BANK LTD,
               NO. 1132, REPRESENTED BY ITS SECRETARY,
               CHATHAKULAM P.O, KOLLAM - 690 520.

       5       THE ADMINISTRATOR,
               THE PORUVAZHI SERVICE CO-OPERATIVE BANK LTD,
               NO. 1132, CHATHAKULAM P.O, KOLLAM - 690 520.

               BY ADVS
                              S.SREEJITH
                              RESHMI THOMAS (GP)

      THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
26.07.2023, ALONG WITH WP(C).3570/2022, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
 WPC Nos.3570 & 3606 of 2022

                                        3




                               JUDGMENT

[WP(C) Nos.3570 and 3606 of 2022]

The petitioners in these cases have approached this

Court being aggrieved by the fact that amounts of fixed

deposit made by the petitioners with the fourth respondent

bank have not been repaid, despite the fact that the fixed

deposits have matured.

2. The learned counsel appearing for the

petitioners in these cases would submit that the petitioners

are in dire need of funds and there may be a direction issued

to the fourth respondent to immediately release the amounts

deposited by the petitioners.

3. The learned counsel appearing for the

respondent bank would submit that the bank is in severe

financial crisis owing to misappropriation by certain former

employees etc. It is submitted that the bank is taking earnest

efforts to recover the amounts due to it from the employees in

question as also from other borrowers who have taken loans

from the respondent bank. It is submitted that the WPC Nos.3570 & 3606 of 2022

respondent bank is taking earnest efforts to return the

amounts of deposit to various depositors including the

petitioners herein and that if the petitioners approach the

bank, the bank will issue a token and on the basis of the

priority of the token, the amounts can be disbursed to the

petitioners.

4. The learned counsel appearing for the

petitioners would submit that for the present, the petitioners

will be satisfied with a direction being issued to the fourth

respondent bank to issue a token as above to the petitioners

to enable them to receive the amounts on the basis of the

priority of the token.

Having regard to the submissions made by the

learned counsel for the petitioners and the learned counsel

appearing for the respondent bank, these writ petitions will

stand disposed of directing that the petitioners in these cases

shall mark appearance before the Secretary of the respondent

bank at 11.00 a.m. on 31.07.2023. The Secretary of the

respondent bank will issue necessary tokens signifying the

priority assigned to the petitioners for release of the amounts WPC Nos.3570 & 3606 of 2022

due under the fixed deposits. The respondent bank shall,

thereafter, take steps to disburse the amounts in accordance

with the priority without further delay. The liberty of the

petitioners to approach this Court at a later stage, if

necessary, is left open.

Writ petitions are disposed of as above.

Sd/-

GOPINATH P., JUDGE rkj WPC Nos.3570 & 3606 of 2022

APPENDIX OF WP(C) 3606/2022

PETITIONER'S EXHIBITS Exhibit P1 TRUE COPY OF THE JUDGMENT DATED 26.03.2019 IN WP(C) 6646/2019 OF THIS HON'BLE COURT.

Exhibit P2 TRUE COY OF THE ARC NO. 57/2020 FILED BEFORE THE 2ND RESPONDENT DATED NIL.

Exhibit P3 TRUE COPY OF THE ORDER DATED 14.10.2020 IN ARC 57/2020 PASSED BY THE 2ND RESPONDENT.

Exhibit P4 TRUE COPY OF THE E.P NO. 55/2021 IN ARC NO.

57/2020 FILED BEFORE THE 2ND RESPONDENT DATED 28.01.2021.

Exhibit P5 TRUE COPY OF THE ORDER IN E.P NO. 55/2021 IN ARC NO. 57/2020 DATED 06.10.2021.

RESPONDENT'S EXHIBITS

Exhibit R4 (a) TRUE COPY OF THE INTERIM ORDER DATED 13.12.2019 IN WPC NO.26495/2019 BEFORE THE HONOURABLE HIGH COURT OF KERALA.

Exhibit R4 (b) TRUE COPY OF THE INTERIM ORDER DATED 29.11.2019 IN WPC NO.26495/2019 BEFORE THE HONOURABLE HIGH COURT OF KERALA.

WPC Nos.3570 & 3606 of 2022

APPENDIX OF WP(C) 3570/2022

PETITIONER'S EXHIBITS Exhibit P1 TRUE COPY OF THE JUDGMENT DATED 26.3.2019 IN WP(C) 6575/2019 OF THIS HON'BLE COURT.

Exhibit P2 TRUE COPY OF THE ARC NO.58/2020 FILED BEFORE THE 2ND RESPONDENT DATED NIL.

Exhibit P3 TRUE COPY OF THE ORDER DATED 14.10.2020 IN ARC. 58/2020 PASSED BY THE 2ND RESPONDENT.

Exhibit P4 TRUE COPY OF THE E.P.NO.56/2020 IN ARC.NO.58/2020 FILED BEFORE THE 2ND RESPONDENT DATED 28.1.2021.

Exhibit P5 TRUE COPY OF THE ORDER IN E.P.NO.56/2020 IN ARC. NO.58/2020 DATED 6.10.2021.

RESPONDENT'S EXHIBITS

Exhibit R4(a) TRUE COPY OF THE INTERIM ORDER DATED 13/12/2019 IN WPC.NO.26495/2019 BEFORE THE HONOURABLE HIGH COURT OF KERALA.

Exhibit R4(b) TRUE COPY OF THE INTERIM ORDER DATED 29/11/2019 IN WPC.NO.26495/2019 BEFORE THE HONOURABLE HIGH COURT OF KERALA.