P.V. Johny vs State Of Kerala
2024 Latest Caselaw 9468 Ker

Kerala High Court

P.V. Johny vs State Of Kerala on 4 April, 2024

Author: Devan Ramachandran

Bench: Devan Ramachandran

          IN THE HIGH COURT OF KERALA AT ERNAKULAM
                           PRESENT
        THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
  THURSDAY, THE 4TH DAY OF APRIL 2024 / 15TH CHAITHRA, 1946
                   WP(C) NO. 3254 OF 2024
PETITIONER:

          P.V. JOHNY,
          AGED 58 YEARS, S/O VAREED,
          PALLIPADAN HOUSE, PEECHANIKAD,
          PULIYANAM P.O., ANGAMALY, PIN - 683572
          BY ADVS.
          DENIZEN KOMATH
          MEREENA.J.JOSEPH

RESPONDENTS:

    1     STATE OF KERALA
          REPRESENTED BY THE SECRETARY,
          DEPARTMENT OF CO-OPERATION,STATE
          SECRETARIATE, THIRUVANTHAPURAM - 695001
    2     REGISTRAR OF CO-OPERATIVE SOCIETIES,
          OFFICE OF REGISTRAR OF CO-OPERATIVE SOCIETIES,
          THIRUVANANTHAPURAM., PIN - 695014
    3     JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES,
          CIVIL STATION,KAKKANAD, ERNAKULAM
          DISTRICT, PIN - 682030
    4     KERALA CO-OPERATIVE DEPOSITE GUARANTEE
          FUND BOARD, T C 82/54221, AMBUJAVILASOM
          ROAD, G.P.O JUNCTION, PULIMOODU,
          THIRUVANANTHAPURAM, PIN - 695001
          REPRESENTED BY ITS SECRETARY.
    5     ASSISTANT REGISTRAR OF CO-OPERATIVE
          SOCIETIES, OFFICE OF THE ASSISTANT
          REGISTRAR OF CO-OPERATIVE SOCIETIES, CHOONDY,
          ALUVA, ERNAKULAM DISTRICT-, PIN - 683112
    6     ANGAMALY URBAN CO-OPERATIVE SOCIETY LTD,
          NO. E-1081, T.B.JUNCTION,
          ANGAMALY, PIN - 683572
          REPRESENTED BY ITS SECRETARY
    7     THE SECRETARY,
          ANGAMALYURBAN CO-OPERATIVE SOCIETY LTD,
          NO. E-1081, T.B.JUNCTION,
          ANGAMALY, PIN - 683572
 W.P.(C) No.3254 of 2024
                                         :2:


               BY ADVS.
               SRI.SANTHOSH KUMAR G
               SMT.C.S.SHEEJA, SR.GP



       THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON   04.04.2024,          THE   COURT   ON     THE   SAME   DAY   DELIVERED   THE
FOLLOWING:
 W.P.(C) No.3254 of 2024
                                 :3:




                            JUDGMENT

The petitioner is stated to be a depositor of a fixed deposit

with the 6th respondent Bank and seeks that it be returned to him

forthwith since its term is now over.

2. In response to the afore request of the petitioner, as made

by his learned counsel - Smt.Mereena J. Joseph, the learned

Standing Counsel for the 6th respondent - Sri.G.Santhosh Kumar,

submitted that his client is now facing enquiry at the hands of the

official respondents and that they have been asked not to deal with

amounts, contrary to their instructions. He submitted that,

therefore, it is now for the competent Authority to take a final call

on the petitioner's requests.

3. Smt.C.S.Sheeja - learned Senior Government Pleader,

confirmed that some enquiries are now pending against the 6 th

respondent, and that they have been asked not to make payments,

except with the permission of the competent Authority. She

submitted that, therefore, if this Court is so inclined, the 5 th

respondent - Assistant Registrar of Co-operative Societies, is

willing to consider the claim of the petitioner, after hearing him, as

also the 6th respondent, and then take a decision as to the return of

the fixed deposits to the former, subject to his entitlement.

Taking note of the afore submissions, I allow this writ

petition, directing the 5th respondent to immediately hear the

petitioner and the Authorised Official of the 6 th respondent; thus

culminating in an appropriate order and necessary action with

respect to the claim of the former, without any avoidable delay, but

not later than two months from the date of receipt of a copy of this

judgment.

I clarify that, though, I have not entered into the merits of the

rival contentions, if the petitioner is found entitled to be returned

the money which he had deposited, then action for its disbursal

shall not be subjected to any avoidable delay.

Sd/-

DEVAN RAMACHANDRAN JUDGE anm

APPENDIX OF WP(C) 3254/2024

PETITIONER EXHIBITS Exhibit-P1 TRUE PHOTOCOPY OF THE FIXED DEPOSIT RECEIPT OF PETITIONER FOR RS. 1,00,000/- WITH ANGAMALY URBAN CO-OPERATIVE SOCIETY LTDDATED 19/10/2022 Exhibit-P2 TRUE PHOTOCOPY OF THE FIXED DEPOSIT RECEIPT OF PETITIONER FOR RS. 2,00,000/- WITH ANGAMALY URBAN CO-OPERATIVE SOCIETY LTD DATED 19/10/2022 Exhibit-P3 TRUE PHOTOCOPY OF THE RELEVANT PAGES OF THE PASSBOOK OF THE PETITIONER DATED NIL Exhibit-P3(a) TRUE PHOTOCOPY OF THE RELEVANT PAGES OF THE PASSBOOK IN THE NAME OF THE PETITIONER WIFE MEREENA DATED NIL Exhibit-P4 TRUE COPY OF THE REPRESENTATION FILED BY THE PETITIONER BEFORE THE 5TH RESPONDENT DATED NIL Exhibit-P5 TRUE COPY OF THE BANK PAYMENT RECEIPT OF THE UNION BANK OF INDIA EVIDENCING THE PAYMENT OF FEES IN FAVIOUR OF BHARAT MATA SCHOOL OF LEGAL STUDIES DATED 21/11/2023 Exhibit-P6 TRUE COPY OF THE STATEMENT OF ACCOUNTS ISSUED FROM THE LOVELY FACULTY OF TECHNOLOGY & SCIENCE IN RESPECT OF JOSHUA JOHNY DATED 20/1/2024 Exhibit-P7 TRUE COPY OF THE DEPOSIT GUARANTEE CERTIFICATE ISSUED BY THE REGISTRAR AND SECRETORY OF THE 2ND RESPONDENT DATED NIL RESPONDENTS' EXHIBITS Exhibit-R6(a) TRUE COPY OF THE ORDER DATED 29/11/2023. Exhibit-R6(b) TRUE COPY OF THE NOTICE DATED 20/12/2023 OF THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES TO THE PRESIDENT/SECRETARY OF ANGAMALY URBAN CO-OPERATIVE BANK.

Exhibit-R6(c) TRUE COPY OF THE NOTICE DATED 05/01/2024 ISSUED BY JOINT REGISTRAR (GENERAL) ERNAKULAM TO THE PRESIDENT, ANGAMALY URBAN CO-OPERATIVE BANK.

Exhibit-R6(d) TRUE COPY OF THE NOTICE DATED 06/02/2024 ISSUED BY JOINT REGISTRAR, CO-OPERATIVE SOCIETIES, ERNAKULAM TO THE

PRESIDENT/SECRETARY, ANGAMALY URBAN CO- OPERATIVE BANK.

Exhibit-R6(e) TRUE COPY OF THE THE ORDER DATED 13/02/2024 ISSUED BY THE JOINT REGISTRAR (GENERAL), ERNAKULAM DISTRICT CO-

OPERATIVE SOCIETY.