Kerala High Court
Kottukal Service Co-Operative Bank ... vs G. Biju on 6 March, 2024
Author: Amit Rawal
Bench: Amit Rawal
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE AMIT RAWAL
&
THE HONOURABLE MRS. JUSTICE C.S. SUDHA
WEDNESDAY, THE 6TH DAY OF MARCH 2024 / 16TH PHALGUNA, 1945
WA NO. 341 OF 2024
AGAINST THE ORDER/JUDGMENT DATED 9.01.2024 IN WP(C) NO.17078 OF
2023 OF HIGH COURT OF KERALA
APPELLANT(S)/PETITIONER:
KOTTUKAL SERVICE CO-OPERATIVE BANK LTD. NO.T 196
AGED 48 YEARS
HEAD OFFICE, PUNNAKULAM, KOTTUKAL P.O.,
THIRUVANANTHAPURAM,
REPRESENTED BY ITS SECRETARY., PIN - 695501
BY ADVS.
S.P.ARAVINDAKSHAN PILLAY
K.N.REMYA
N.SANTHA
PETER JOSE CHRISTO
S.A.ANAND
VISHNU V.K.
V.VARGHESE
RESPONDENT(S)/RESPONDENTS:
1 [ASSISTANT EDUCATIONAL OFFICER]* CORRECTED AS..DISTRICT
EDUCATIONAL OFFICER, NEYYATTINKARA,
THIRUVANANTHAPURAM (AS PER ORDER DATED 08.06.2023 IN IA
1/2023 IN WP(C) 17078/2023)., PIN - 695121
2 HEADMISTRESS
VICTORY V.H.S.S, OLATHANNI,
NEYYATTINKARA P.O.,
THIRUVANANTHAPURAM, PIN - 695121
3 G.BIJU
UPSA, VICTORY V.H.S.S., OLATHANNI,
NEYYATTINKARA P.O.,
RESIDING AT GOPI SADANAM,
PULINKUDI, MULLOOR P.O.,
THIRUVANANTHAPURAM, PIN - 695521
WA NOs.341/2024 & 284/2024
2
4 E.S.AMBIKA
DISTRICT SCHEDULED CASTE DEVELOPMENT OFFICER,
OFFICE OF THE SCHEDULED CASTE DEVELOPMENT
DEPARTMENT, KANAKA NAGAR,
VELLAYAMBALAM, THIRUVANANTHAPURAM,
RESIDING AT GOPI SADANAM, PULINKUDI,
MULLOOR P.O., THIRUVANANTHAPURAM, PIN - 695521
SR GP SRI T K VIPINDAS
THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON
06.03.2024, ALONG WITH WA.284/2024, THE COURT ON THE SAME
DAY DELIVERED THE FOLLOWING:
WA NOs.341/2024 & 284/2024
3
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE AMIT RAWAL
&
THE HONOURABLE MRS. JUSTICE C.S. SUDHA
WEDNESDAY, THE 6TH DAY OF MARCH 2024 / 16TH PHALGUNA, 1945
WA NO. 284 OF 2024
AGAINST THE ORDER/JUDGMENT DATED 9.01.2024 IN WP(C)
NO.35694 OF 2023 OF HIGH COURT OF KERALA
APPELLANT(S)/6TH RESPONDENT:
KOTTUKAL SERVICE CO-OPERATIVE BANK LTD. NO. T 196
HEAD OFFICE, PUNNAKULAM, KOTTUKAL P.O,
THIRUVANANTHAPURAM REPRESENTED BY ITS SECRETARY.,
PIN - 695501
BY ADVS.
S.P.ARAVINDAKSHAN PILLAY
K.N.REMYA
N.SANTHA
PETER JOSE CHRISTO
PREMANATHAN VADAKUMTHANI
S.A.ANAND
VISHNU V.K.
V.VARGHESE
RESPONDENT(S)/PETITIONER AND RESPONDENTS 1 TO 5 AND 7:
1 G. BIJU
AGED 57 YEARS
S/O. GOPINATHAN, GOPI SADANAM,
PULINKUDI, MULLOOR P.O,
THIRUVANANTHAPURAM, PIN - 695521
2 STATE OF KERALA
REPRESENTED BY DIRECTOR OF GENERAL EDUCATION,
OFFICE OF DIRECTOR OF GENERAL EDUCATION,
JAGATHI, THIRUVANANTHAPURAM, PIN - 695014
WA NOs.341/2024 & 284/2024
4
3 DEPUTY DIRECTOR OF EDUCATION
OFFICE OF DEPUTY DIRECTOR OF EDUCATION,
PADMAVILASAM ROAD, FORT P.O,
THIRUVANANTHAPURAM, PIN - 695014
4 DISTRICT EDUCATIONAL OFFICER
OFFICE OF DISTRICT EDUCATIONAL OFFICER
NEYYATTINKARA, THIRUVANANTHAPURAM, PIN - 695121
5 ASSISTANT EDUCATIONAL OFFICER
OFFICER OF ASSISTANT EDUCATIONAL OFFICER,
NEYYATTINKARA, THIRUVANANTHAPURAM, PIN - 695121
6 HEADMISTRESS
VICTORY V.H.S.S, OLATHANNI, NEYYATTINKARA P.O,
THIRUVANANTHAPURAM, PIN - 695133
7 THE KIDARAKUZHY SERVICE CO-OPERATIVE BANK LTD.
NO. 2516
REPRESENTED BY ITS SECRETARY IN CHARGE SMT.
GEETHA DEVI, W/O. MOHANAKUMAR, AGED 51 YEARS,
KIDARAKUZHY P.O, BALARAMAPURAM,
THIRUVANANTHAPURAM, PIN - 695523
SR GP SRI T K VIPINDAS
THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON
06.03.2024, ALONG WITH WA.341/2024, THE COURT ON THE SAME
DAY DELIVERED THE FOLLOWING:
WA NOs.341/2024 & 284/2024
5
JUDGMENT
[WA Nos.341/2024, 284/2024]
Amit Rawal, J.
1. This order shall dispose off two writ appeals.
W.A.No.341/2024 preferred against the judgment dated
09.01.2024 whereby the claim of the appellant - petitioner
in W.P.(C)No.17078/2023 seeking permission to recover
amount due from respondent No.3 from the DCRG has been
rejected and W.A.No.284/2024 against the judgment of
even date whereby the plea of the respondent No.1 thereub
restraining the appellant to recover the amount from DCRG
has been allowed.
2. Succinctly the facts in brief in both cases are that
the party respondents had, during their employment, taken
a loan from the Primary Co-operative Bank. Both of them
have retired. The question now arisen is that whether the
Co-operative Society which extended the loan facility can
recover the outstanding amount from the DCRG or not.
WA NOs.341/2024 & 284/2024
3. Rule III Part III of KSR though empowers the Co-
operative Society to recover the amount but with a rider
that if the party taking the loan had given the consent.
Concededly, in the aforementioned case, no consent was
given to recover except the surety bond. In this view of the
matter, the society can recover the amount in accordance
with the law as provided under Section 69 of the Co-
operative Societies Act but not in the manner and mode.
4. We do not find any illegality in the findings rendered
by the Single Bench dismissing the writ petition of the
appellant and allowing the writ petition of the party
respondent. No ground for interference is made out. Writ
appeals are dismissed.
Sd/-
AMIT RAWAL
JUDGE
Sd/-
C.S. SUDHA
JUDGE
nak
WA NOs.341/2024 & 284/2024
PETITIONER ANNEXURES
Annexure-I TRUE COPY OF THE NON-LIABILITY
CERTIFICATE ISSUED IN FAVOUR OF THE
PETITIONER, DATE 28.05.2018
Annexure-II TRUE COPY OF THE NON-LIABILITY
CERTIFICATE ISSUED IN FAVOUR OF THE
WIFE OF THE PETITIONER, DATED
28.03.2018
Annexure -III TRUE COPY OF THE DUPLICATE COPY OF
LETTER NO.KSCO6/2018-19 DATED
31.05.2018
Annexure IV TRUE COPY OF THE LETTER NO.KSCOI/18-19
DATED 11.04.2018
Annexure V TRUE COPY OF THE SURETY BOND IN FAVOUR
OF THE 6TH RESPONDENT BANK WAS ALSO
EXECUTED BY THE PETITIONER AND HIS
WIFE, WHO WAS THE GUARANTOR TO THE
ABOVE LOAN, DATED 27.04.2018
