Kerala High Court
Prathapan vs State Of Kerala on 6 June, 2024
Author: N. Nagaresh
Bench: N.Nagaresh
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
THURSDAY, THE 6TH DAY OF JUNE 2024 / 16TH JYAISHTA, 1946
RP NO. 268 OF 2024
AGAINST THE JUDGMENT DATED 12.12.2023 IN
WP(C) NO.9411 OF 2023 OF HIGH COURT OF KERALA
REVIEW PETITIONER/PETITIONER:
PRATHAPAN
AGED 67 YEARS
S/O. VASU PANICKER,
MARUTHARAVILAKATHU VEEDU, POONKODE,
BHAGAVATHYNADA.P. O.,
THIRUVANANTHAPURAM, PIN - 695501
BY ADV V.S.BABU GIREESAN
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY THE SECRETARY TO GOVERNMENT,
CO-OPERATIVE SOCIETIES, SECRETARIATE,
THIRUVANANTHAPURAM, PIN - 695001
2 THE REGISTRAR CO-OPERATIVE SOCIETIES
THIRUVANANTHAPURAM, PIN - 695001
3 PALLICHAL FAMERS CO-OPERATIVE BANK LTD. NO.
T.677
REP.BY THE MANAGING DIRECTOR,
VEDIVANCHANKOVIL P.O.,
THIRUVANANTHAPURAM, PIN - 695501
BY ADVS
SRI.C.S. MANU-R3
SRI.BINOY DAVIS, GOVERNMENT PLEADER
THIS REVIEW PETITION HAVING COME UP FOR ADMISSION
ON 06.06.2024, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
RP No.268/2024
:2:
N. NAGARESH, J.
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R.P. No.268 of 2024
in
W.P.(C) No.9411 of 2023
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Dated this the 6th day of June, 2024
ORDER
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Writ petitioner in W.P.(C) No.9411/2023 has filed
this review petition. The writ petition was filed by the
petitioner seeking to direct the 3rd respondent-Pallichal
Farmers Co-operative Bank Limited to pay back an amount
of ₹2,98,291/- to the petitioner. The petitioner stated that
when he approached the 3rd respondent for closing the loan
account, the 3rd respondent made the petitioner to pay
₹10,48,219/-. The petitioner alleged that he was made to
pay ₹2,98,291/- in excess.
2. After hearing the writ petition, this Court found that
the issue involved in the writ petition is a monetary dispute.
The petitioner has not approached any competent authority
seeking refund, before approaching this Court. This Court
also found that the petitioner being a member of the 3 rd
respondent-Co-operative Bank has an efficacious alternate
remedy under Section 89 of the Kerala Co-operative
Societies Act. The writ petition was therefore dismissed as
not maintainable.
3. In this review petition, the petitioner alleges that
there is an error apparent on the face of the records and the
judgment is liable to be reviewed. The petitioner submits that
the 3rd respondent has played a fraud in collecting money
and creating a fabricated document. The 3 rd respondent
falsely stated that there was an arbitration proceeding
culminated in quantification. This Court committed an error
in relegating the petitioner for a further litigation by the
statutory missionary.
4. I have heard the learned counsel for the review
petitioner.
5. The writ petition was disposed of finding that the
issue in the writ petition is purely a monetary dispute. There
is no demand and denial, in order to issue a writ of
Mandamus. This Court also found that the petitioner being a
member of a Co-operative Bank, has an efficacious alternate
remedy under the Kerala Co-operative Societies Act and
Rules. The petitioner has not pointed out any error in the
findings of this Court relating to maintainability of the writ
petition.
The review petition is therefore without any force
or merit and is liable to be dismissed. The review petition is
accordingly dismissed.
Sd/-
N. NAGARESH, JUDGE
aks/05.06.2024
