Leelamma K.J vs The Vaikom Taluk Co-Operative
2024 Latest Caselaw 16446 Ker

Kerala High Court

Leelamma K.J vs The Vaikom Taluk Co-Operative on 11 June, 2024

                    IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                    PRESENT

                 THE HONOURABLE MR. JUSTICE M.A.ABDUL HAKHIM

          TUESDAY, THE 11TH DAY OF JUNE 2024 / 21ST JYAISHTA, 1946

                            WP(C) NO. 20335 OF 2017

PETITIONER/S:

             LEELAMMA K.J.
             AGED 64 YEARS
             W/O. LATE T.J. THOMAS,THERATHU HOUSE, CHEMMANATHUKARA P.O.,
             VAIKOM,KOTTAYAM DISTRICT - 686 606.

             BY ADVS.
             SRI.V.G.ARUN
             SRI.T.R.HARIKUMAR



RESPONDENT/S:

     1       THE VAIKOM TALUK CO-OPERATIVE
             AGRICULTURAL AND RURAL DEVELOPMENT BANK LTD. NO. K. 951,
             REPRESENTED BY ITS SECRETARY, VAIKOM,
             KOTTAYAM DISTRICT - 686 141.

     2       THE ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES (GENERAL)
             VAIKOM, KOTTAYAM DISTRICT - 686 141.

     3       THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES (GENERAL)
             KOTTAYAM, KOTTAYAM DISTRICT - 686 001.

     4       THE KERALA CO-OPERATIVE DEVELOPMENT AND WELFARE FUND BOARD
             REPRESENTED BY ITS SECRETARY, REGIONAL OFFICE, NJALIYAKUZHI,
             VAGATHANAM P.O., KOTTAYAM DISTRICT - 686 538.

     5       THE REGISTRAR OF CO-OPERATIVE SOCIETIES
             THIRUVANANTHAPURAM - 695 001.

             BY ADVS.
             SRI.LIJI.J.VADAKEDOM
             GOVERNMENT PLEADER
             SRI.P.C.SASIDHARAN, SC, KCDWFB



OTHER PRESENT:

             SRI.IMAM GRIGORIUS KARAT-GP


      THIS   WRIT   PETITION   (CIVIL)   HAVING   COME   UP   FOR   ADMISSION   ON

11.06.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 W.P.(C)NO.20335 of 2017

                                  2


                            JUDGMENT

The learned counsel on both sides submit that with regard

to the second prayer in the writ petition, as against Ext.P5 order,

an appeal was filed before the Government by the first

respondent Bank and the Government passed an order dated

16.08.2017, by which, an amount of Rs.1,7450 is directed to be

paid by the Bank to the petitioner, who is the legal heir of late

T.J. Thomas.

2. The learned counsel for the first respondent submitted

that the amount has been paid to the legal heirs of T.J. Thomas

including the petitioner.

3. The third prayer is with regard to the rejection of

application to include the defaulted loan amount in the Kerala

Risk Fund Scheme, 2008 and the counsel for the first respondent

submitted that the petitioner has settled the loan account.

In view of the aforesaid settlement of claims, the writ

petition is closed.

Sd/-

M.A.ABDUL HAKHIM JUDGE Shg W.P.(C)NO.20335 of 2017

APPENDIX OF WP(C) 20335/2017

PETITIONER EXHIBITS

EXHIBIT P1 A TRUE COPY OF THE RECEIPT DATED 27.10.2015 SHOWING THE REMITTAMCE OF RS. 17,000/-

EXHIBIT P2 A TRUE COPY OF THE RECEIPT DATED 30.10.2015, SHOWING THE REMITTANCE OF RS. 93,000/-

EXHIBIT P3 A TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT DATED 13.06.2016.

EXHIBIT P4 A TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE TH 3RD RESPONDENT DATED 14.10.2016.

EXHIBIT P5 A TRUE COPY OF THE ORDER NO. C.R.B. 4867/2016 DATED 10.11.2016 OF THE 3RD RESPONDENT.

EXHIBIT P6 A TRUE COPY OF THE COMMUNICATION DATED 16.12.2016, SEND BY THE 1ST RESPONDENT TO THE PETITIONER.

EXHIBIT P7 A TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE THE 3RD RESPONDENT DATED 03.01.2017.

EXHIBIT P8 A TRUE COPY OF THE STATEMENT SHOWING LOAN DETAILS OF THE PETITIONER'S HUSBAND T.J. THOMAS.

EXHIBIT P9 A TRUE COPY OF THE COMMUNICATION NO. 3469/16 ISSUED BY THE 5TH RESPONDENT DATED 22.03.2017.