Kerala High Court
Shobana T.P vs Registrar Of Co-Operative ... on 27 June, 2023
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE GOPINATH P.
TUESDAY, THE 27TH DAY OF JUNE 2023 / 6TH ASHADHA, 1945
WP(C) NO. 14804 OF 2023
PETITIONER/S:
1 AKHIL M, AGED 27 YEARS
S/O SATHEESHAN, MADAMPARAMBIL HOUSE, ALACHERY P.O.,
KANNUR-, PIN - 670650
2 C.N SURESH, AGED 53 YEARS
S/O NARAYANAN C.H., PUTHEN VEETIL, ALACHERY P.O.
KANNUR-, PIN - 670650
3 MANJULA V.K.AGED 43 YEARS
D/O RAGHAVAN, PUTHIYA KAVIL HOUSE, MALOOR P.O.,
MATTANOOR(VIA) KANNUR DISTRICT., PIN - 670702
4 MANEESH V.K. ,AGED 38 YEARS
S/O RAGHAVAN, MANEESH NIVAS, MALOOR P.O.,
MATTANOOR(VIA) KANNUR DISTRICT, PIN - 670702
BY ADVS.
EBIN MATHEW
P.J.MATHEW
AKHILA SHOJI
RESPONDENT/S:
1 REGISTRAR OF CO-OPERATIVE SOCIETIES
OFFICE OF REGISTRAR OF CO-OPERATIVE SOCIETIES, JAWAHAR
SAHAKARANA BHAVAN, DPI JUNCTION ,THYCAUD P.O.,
THIRUVANATHAPURAM-, PIN - 695014
2 JOINT REGISTRAR(GENERAL), CO-OPERATION DEPARTMENT ,
THAVAKKARA, KANNUR-, PIN - 670002
3 PERAVOOR CO-OPERATIVE HOUSE BUILDING SOCIETY LTD NO.C
1004, PERAVOOR P.O., KANNUR- PIN - 670673
REPRESENTED BY ITS SECRETARY,
4 THE SECRETARY , PERAVOOR CO-OPERATIVE HOUSE BUILDING
SOCIETY LTD NO.C 1004, PERAVOOR P.O., KANNUR-, PIN -
670673
BY ADV Leena C
SMT. RESHMI THOMAS, GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
27.06.2023, ALONG WITH WP(C).14820/2023, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
WP(C) Nos.14804 & 14820 OF 2023 2
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE GOPINATH P.
TUESDAY, THE 27TH DAY OF JUNE 2023 / 6TH ASHADHA, 1945
WP(C) NO. 14820 OF 2023
PETITIONER/S:
1 SHOBANA T.P, AGED 63 YEARS,
W/O RAMACHANDRAN, PADINJAREKARAMMAL HOUSE, ALACHERY
P.O., KANNUR-, PIN - 670650
2 MANOJ V.K., AGED 41 YEARS, S/O RAGHAVAN,
MANEESH NIVAS, MALOOR P.O.KANNUR-, PIN - 670702
3 SHEEBA K, AGED 41 YEARS, D/O GOPI, NIRANJANA HOUSE,
ALACHERY P.O., KANNUR-, PIN - 670650
4 NAMITHA NARAYANAN, AGED 17 YEARS
D/O RAGHAVAN, MANEESH NIVAS, MALOOR P.O.,
MATTANOOR(VIA) KANNUR DISTRICT . MINOR REPRESENTED BY
GUARDIAN, HER FATHER RAGHAVAN, PIN - 670702
BY ADVS.
EBIN MATHEW
P.J.MATHEW
AKHILA SHOJI
RESPONDENT/S:
1 REGISTRAR OF CO-OPERATIVE SOCIETIES
OFFICE OF REGISTRAR OF CO-OPERATIVE SOCIETIES, JAWAHAR
SAHAKARANA BHAVAN, DPI JUNCTION ,THYCAUD P.O.,
THIRUVANATHAPURAM-, PIN - 695014
2 JOINT REGISTRAR(GENERAL),CO-OPERATION DEPARTMENT ,
THAVAKKARA,KANNUR-, PIN - 670002
3 PERAVOOR CO-OPERATIVE HOUSE BUILDING SOCIETY LTD NO.C
1004, PERAVOOR P.O., KANNUR- PIN - 670673
REPRESENTED BY ITS SECRETARY,
4 THE SECRETARY , PERAVOOR CO-OPERATIVE HOUSE BUILDING
SOCIETY LTD NO.C 1004,PERAVOOR P.O.,
KANNUR-, PIN - 670673
BY ADV Leena C
SMT. RESHMI THOMAS, GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
27.06.2023, ALONG WITH WP(C).14820/2023, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
WP(C) Nos.14804 & 14820 OF 2023 3
JUDGMENT
[WP(C) Nos.14804/2023, 14820/2023]
The petitioners in both these writ petitions (except the 3 rd
petitioner in W.P.(C.) No.14804 of 2023) have approached this
Court, being aggrieved by the fact that the amounts due under a
chitty scheme (day deposit/Group deposit and Credit Scheme)
subscribed to by the petitioners and conducted by the 3 rd
respondent Society has not been paid to the petitioners. The 3 rd
petitioner in W.P.(C.) No.14804 of 2023 claims repayment of
amounts maintained under a fixed deposit, maintained with the
3rd respondent Society.
2. Learned counsel appearing for the 3 rd respondent would
submit that the amounts were not repaid to the petitioners on
account of severe financial crisis and that the 3 rd respondent is
taking earnest efforts to pay off the amounts due to the
petitioners. It is submitted that the amounts due to the
petitioners will be paid no later than fifteen months from today.
3. Learned counsel appearing for the petitioners would
submit that all the petitioner are in urgent need of funds and
therefore, the period may be reduced to the maximum extent.
WP(C) Nos.14804 & 14820 OF 2023 4
4. Having heard the learned counsel appearing for the
petitioners and the learned counsel appearing for the 3 rd
respondent, these writ petitions will stand disposed of, directing
that all amounts due to the petitioners (except the 3 rd petitioner
in W.P.(C.) No.14804 of 2023) together with interest up to the
date of payment [as stipulated in the chitty subscription Form]
shall be released to the petitioners no later than twelve months
from today. The amounts due to the 3rd petitioner in W.P.(C.)
No.14804 of 2023 shall also be paid the amounts due under the
concerned fixed deposits along with the interest payable on
fixed deposits within twelve months from today.
Sd/-
GOPINATH P.
JUDGE
ajt
WP(C) Nos.14804 & 14820 OF 2023 5
APPENDIX OF WP(C) 14804/2023
PETITIONER EXHIBITS
Exhibit P-1 A TRUE COPY OF THE PASSBOOK OF THE 1ST
PETITIONER ISSUED BY THE 3RD RESPONDENT
Exhibit P-2 A TRUE COPY OF THE PASSBOOK OF THE 2ND
PETITIONER ISSUED BY THE 3RD RESPONDENT
Exhibit P-3 A TRUE COPY OF THE FIXED DEPOSIT RECEIPT
DATED 07/08/2021 ISSUED TO THE 3RD PETITIONER
BY THE 3RD RESPONDENT
Exhibit P-4 A TRUE COPY OF THE REPRESENTATION DATED
15/02/2023 GIVEN BY THE 1ST PETITIONER TO THE
4TH RESPONDENT ALONG WITH THE ACKNOWLEDGMENT
RECEIPT
Exhibit P-5 A TRUE COPY OF THE REPRESENTATION DATED
20/03/2023 BY THE 2ND PETITIONER TO THE 4TH
RESPONDENT ALONG WITH THE ACKNOWLEDGMENT
RECEIPT
Exhibit P-6 A TRUE COPY OF THE REPRESENTATION DATED
08/04/2023 BY THE 3RD PETITIONER TO THE 4TH
RESPONDENT
Exhibit P-7 A TRUE COPY OF THE REPRESENTATION DATED
08/04/2023 BY THE 4TH PETITIONER TO THE 4TH
RESPONDENT ALONG WITH THE ACKNOWLEDGMENT
RECEIPT
Exhibit P-8 A TRUE COPY OF REPRESENTATION SUBMITTED BY
THE 1ST PETITIONER BEFORE THE 2ND RESPONDENT
DATED 15/02/2023
Exhibit P-9 A TRUE COPY OF REPRESENTATION SUBMITTED BY
THE 2ND PETITIONER BEFORE THE 2ND RESPONDENT
ALONG WITH ACKNOWLEDGEMENT CARD
Exhibit P-10 A TRUE COPY OF REPRESENTATION SUBMITTED BY
THE 3RD PETITIONER DATED 08/04/2023 BEFORE
THE 2ND RESPONDENT ALONG WITH ACKNOWLEDGEMENT
CARD
Exhibit P-11 A TRUE COPY OF REPRESENTATION SUBMITTED BY
THE 4TH PETITIONER DATED 08/04/2023 BEFORE
THE 2ND RESPONDENT ALONG WITH ACKNOWLEDGEMENT
CARD
Exhibit P-12 A TRUE COPY OF THE JUDGMENT OF THIS HON'BLE
COURT IN WP(C) NO. 28803 OF 2017 DATED
10/10/2017
WP(C) Nos.14804 & 14820 OF 2023 6
APPENDIX OF WP(C) 14820/2023
PETITIONER EXHIBITS
Exhibit P-1 A TRUE COPY OF THE PASSBOOK OF THE 1ST PETITIONER
ISSUED BY THE 3RD RESPONDENT
ExhibitP-2 A TRUE COPY OF PASSBOOK OF THE 3RD PETITIONER
ISSUED BY THE 3RD RESPONDENT IS PRODUCED HEREWITH
AND MARKED AS EXHIBIT P-2.
Exhibit P-3 A TRUE COPY OF THE REPRESENTATION DATED 04/04/2023
GIVEN BY THE 1ST PETITIONER TO THE 4TH RESPONDENT
ALONG WITH THE ACKNOWLEDGMENT RECEIPT
Exhibit P-4 A TRUE COPY OF THE REPRESENTATION DATED 08/04/2023
BY THE 2ND PETITIONER TO THE 4TH RESPONDENT ALONG
WITH THE ACKNOWLEDGMENT RECEIPT
Exhibit P-5 A TRUE COPY OF THE REPRESENTATION DATED 20/03/2023
BY THE 3RD PETITIONER TO THE 4TH RESPONDENT ALONG
WITH THE ACKNOWLEDGMENT RECEIPT
Exhibit P-6 A TRUE COPY OF THE REPRESENTATION DATED 19/03/2023
BY THE 4TH PETITIONER TO THE 4TH RESPONDENT ALONG
WITH THE ACKNOWLEDGMENT RECEIPT
Exhibit P-7 A TRUE COPY OF REPRESENTATION SUBMITTED BY THE 1ST
PETITIONER BEFORE THE 2ND RESPONDENT DATED
04/04/2023 ALONG WITH ACKNOWLEDGMENT CARD
ExhibitP-8 A TRUE COPY OF REPRESENTATION SUBMITTED BY THE 2ND
PETITIONER BEFORE THE 2ND RESPONDENTDATED
08/04/2023 ALONG WITH ACKNOWLEDGEMENT CARD
Exhibit P-9 A TRUE COPY OF REPRESENTATION SUBMITTED BY THE 3RD
PETITIONER DATED 20/03/2023 BEFORE THE 2ND
RESPONDENT ALONG WITH ACKNOWLEDGEMENT CARD
Exhibit P-10 A TRUE COPY OF REPRESENTATION SUBMITTED BY THE 4TH
PETITIONER BEFORE THE 2ND RESPONDENT DATED
19/03/2023 ALONG WITH ACKNOWLEDGEMENT CARD
Exhibit P-11 A TRUE COPY OF THE JUDGMENT OF THIS HON'BLE COURT
INWP(C) NO. 28803 OF 2017 DATED 10/10/2017
