Kerala High Court
Kerala State Co-Operative Bank ... vs C.P. Ponnappan on 12 June, 2023
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS
&
THE HONOURABLE MR.JUSTICE C. JAYACHANDRAN
Monday, the 12th day of June 2023 / 22nd Jyaishta, 1945
WA NO. 513 OF 2023
AGAINST THE JUDGMENT DATED 16.11.2022 IN WP(C) 12725/2022 OF THIS COURT.
APPELLANT/3RD RESPONDENT IN W.P.(C):
KERALA STATE CO-OPERATIVE BANK, (ERSTWHILE ERNAKULAM DISTRICT CO-
OPERATIVE BANK), ERNAKULAM MAIN BRANCH, REPRESENTED BY THE BRANCH
MANAGER, AEC PLAZA, CHITTOOR ROAD, VALANJAMBALAM, KOCHI , PIN -
682016.
BY ADVOCATE SRI. N.RAGHURAJ
RESPONDENTS/PETITIONER & RESPONDENTS 1 & 2 IN W.P.(C):
1. C.P. PONNAPPAN, AGED 63 YEARS, S/O. PADMANABHAN, CHAKKALAKKAL
HOUSE, KUMBALANGI P.O., KOCHI , PIN - 682007
2. THE KERALA STATE DEFENCE SERVICES CO-OPERATIVE HOUSING SOCIETY LTD.
NO. 4343, REPRESENTED BY ITS SECRETARY, ANJIPARAMBIL BUILDING, ANAND
BAZAR, SOUTH RAILWAY STATION, ERNAKULAM, COCHIN, PIN - 682016
3. THE ADMINISTRATOR, OFFICE OF THE ASSISTANT REGISTRAR OF CO-OPERATIVE
SOCIETY, COCHIN-682 017. *ADDL.R4 IMPLEADED., PIN - 682017
4. ADDL.R4:THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES (GENERAL),
ERNAKULAM, *IS SUO MOTU IMPLEADED AS ADDL.R4 AS PER ORDER DATED
25/5/23 IN WA 513/23.
BY ADVOCATE SRI.T.KABIL CHANDRAN FOR R1
BY ADVOCATES M/S.M.R. NANDAKUMAR M.R., MAYIKA SUNDAR, ARJUN ANIL, ASIN
V.S. & M.R. NANDAKUMAR FOR R3
BY ADVOCATE SRI.P.P.THAJUDEEN, SPECIAL G.P (B/O) FOR ADDL. R4
Prayer for interim relief in the Writ Appeal stating that in the
circumstances stated in the appeal memorandum, the High Court be pleased
to stay the operation and implementation of the judgment dated 16.11.2022
in W.P.(C) No. 12725 of 2022, pending disposal of the Writ Petition.
This Writ Appeal again coming on for orders on 12/06/2023 upon
perusing the appeal memorandum and this Court's order dated
25/05/2023, the court on the same day passed the following:
ALEXANDER THOMAS & C. JAYACHANDRAN, JJ.
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W.A. No.513 of 2023
[arising out of the impugned judgment dated 16.11.2022 in W.P.(C) No.12725/2022]
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Dated this the 12th day of June, 2023
ORDER
Sri.N.Raghuraj, learned counsel appearing for the appellant,
submits that some more time may be granted to ensure service on R-2
(Co-operative Society) by special messenger.
2. Accordingly, it is ordered that the appellant will immediately
take out notice by special messenger to R-2, returnable within three
days. In case, there is none to receive notice on behalf of R-2 in the
abovesaid address, then notice process shall be duly completed by
affixture in the presence of witnesses, for which a separate report in that
regard shall be given to the Registry.
3. This we say so, as it is asserted by the appellant's counsel and
the learned Senior Govt. Pleader, that the address of R-2 (Co-operative
Society) as shown in this writ appeal and the W.P.(C) is a one as shown
in their records maintained by the Joint Registrar concerned.
4. Sri.K.P. Harish, learned Senior Govt. Pleader, seeks further
time to file a statement in the matter.
W.A. No.513 of 2023
5. Time granted. While filing statement, R-4 Joint Registrar
of Co-operative Societies) and R-3 Administrator will apprise this
Court as to whether R-1 herein (writ petitioner), has paid the entire
due amounts in the loan translation directly to R-2 Co-operative
Society and if so, the quantum of said amount, etc. So also R-4 Joint
Registrar will apprise this Court, in the abovesaid statement, as to
whether the amounts of R-2 Co-operative Society has been siphoned
and misappropriated by the members of the Managing Committee
and the Secretary, etc.
6. Smt.R. Anjali, learned counsel appearing for R-1 herein
(writ petitioner), submits that based of the complaint given by the
petitioner the Ernakulam Central Police Station has already
registered a crime as Crime No.1244/2021, in which one of the
accused is the incumbent holding the post of Secretary of R-2 Co-
operative Society, etc.
7. The Station House Officer (SHO) of Ernakulam Central
Police Station will immediately, furnish instructions to the learned
Senior Government Pleader as to whether such a crime as in Crime
No.1244/2021 of that station has been registered and whether it
W.A. No.513 of 2023
pertains to the allegations against the members of the Managing
Committee and the Secretary of the 2nd respondent-Kerala State
Defence Services Co-operative Housing Society Ltd., etc., and the
SHO concerned will file a statement giving the details of the said
crime.
8. We are told that a copy of the said FIR has been produced
as Ext.P4 along with the W.P.(C), in which the offences alleged are
those punishable under Secs.406 & 420 read with Sec.34 of the
Indian Penal Code (IPC), and that the first accused (A1) therein is the
Kerala State Defence Services Co-operative Housing Society Ltd., and
that the second accused (A2) therein is one Smt.Vijayakumari, who is
said to be the Secretary of the Society. The SHO will explain to this
Court as to how the Co-operative Society, in its juristic name, can be
arrayed as accused and as to whether the investigation has revealed
irregularities of siphoning and misappropriation of funds of the said
Society by the Managing Committee members and Secretary of the
said Co-operative Society and if so, as to why the members of the
Managing Committee of the said Co-operative Society has not been
arrayed as accused in the said crime.
W.A. No.513 of 2023
9. The details of the investigation so carried out in Ext.P4
crime and as to whether further reports have been filed before the
jurisdictional Magistrate Court concerned to array other accused
persons, etc., should also be apprised to this Court.
List on 26.06.2023.
Hand Over a copy of this order to both sides.
Sd/-
ALEXANDER THOMAS,
JUDGE
Sd/-
C. JAYACHANDRAN,
JUDGE
Skk//08062023
