Kerala High Court
T.Prakash vs The Joint Registrar Of Co-Operative ... on 23 May, 2024
Author: Devan Ramachandran
Bench: Devan Ramachandran
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
THURSDAY, THE 23RD DAY OF MAY 2024 / 2ND JYAISHTA, 1946
WP(C) NO. 15712 OF 2024
PETITIONER:
T.PRAKASH, AGED 57 YEARS, S/O THANKAPPAN,
KAILASOM, KUZHIYINAL PUTHENVEEDU, MELOOD.P.O,
PERINGANADU VILLAGE, PATHANAMTHITTA DIST,
KERALA, PIN - 691554.
BY ADVS.K.K.SETHUKUMAR
NISHA MATHEW
SARITHA G.R.
SREEKRISHNADATH PANDARATHIL E.K.
R.RAHUL
MEENAKSHY V.S.
RESPONDENTS:
1 THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES
MINI CIVIL STATION, PATHANAMTHITTA,
PATHANAMTHITTA .P.O PATHANAMTHITTA DISTRICT,
PIN - 689645.
2 THE ASST. REGISTRAR OF CO-OPERATIVE SOCIETIES
REVENUE TOWER, ADOOR .P.O PATHANAMTHITTA DISTRICT,
PIN - 691523.
3 THE PAZHAKULAM SERVICE CO-OPERATIVE SOCIETY
REP.BY ITS PRESIDENT, MELOOD.P.O,
PERINGANADU VILLAGE, PATHANAMTHITTA DIST,
KERALA, PIN - 691554.
4 THE SECRETARY,
PAZHAKULAM SERVICE CO-OPERATIVE SOCIETY MELOOD.P.O,
PERINGANADU VILLAGE PATHANAMTHITTA DIST,
KERALA, PIN - 691554.
BY ADV K.SHAJ, SC
SMT.C.S.SHEEJA, SR.GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
23.05.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 15712 OF 2024
-2-
JUDGMENT
The petitioner says that he has already
tendered Ext.P3 cheque in favour of 'Pazhakulam
Service Co-operative Society' ('Society', for
short), in full and final settlement of his loan
account, under the existing One Time Settlement
Scheme. He thus prays that the respondent -
Society, be directed to accept the said cheque
and close his loan account, thus releasing the
security and title documents to him without any
further delay.
2. However, in response to the afore
submissions of Sri.K.K.Sethukumar - learned
counsel for the petitioner, the learned Standing
Counsel for the Society - Sri.K.Shaj, submitted
that Ext.P3 cheque has already been dishonoured
for lack of funds; while the One Time Settlement
offer was in force only until 31.03.2024. He
submitted that, therefore, if the petitioner
WP(C) NO. 15712 OF 2024
requires any further relief, he will have to
approach the Society again, however, with a
sincere intent, rather than on he has done now,
issuing a cheque - which he knows would be
dishonoured.
3. There is no doubt that the afore stand
of Sri.K.Shaj is the apposite in the given
circumstances because, the petitioner cannot
seek settlement of an account on the strength of
a cheque which has been dishonoured. This is
rather uncharitable and perhaps even
mischievous. I do not propose to say anything
further, taking into account the stated
financial distress projected by the petitioner.
In the afore circumstances, I dispose of
this Writ Petition, leaving liberty to the
petitioner to approach the respondent - Society,
with an appropriate offer for settlement of the
loan account dehors Ext.P3; and if this is done
WP(C) NO. 15712 OF 2024
within a period of two weeks from the date of
receipt of a copy of this judgment, the same
shall be considered by the Society; and he
communicated with the resultant
order/proceedings without any further delay
thereafter.
Until such time as the afore is done - in
the event the petitioner invokes the liberty
deserved to him above - and the resultant order
is communicated to him by the Society, all
recovery action against him will stand deferred.
Sd/-
DEVAN RAMACHANDRAN
JUDGE
akv
WP(C) NO. 15712 OF 2024
APPENDIX OF WP(C) 15712/2024
PETITIONER EXHIBITS
EXHIBIT P1 TRUE COPY OF THE RELEVANT PAGES OF THE
CIRCULAR NO. RCS/764L2023/AEL-0) DATED
31/10/2023 ISSUED BY THE REGISTRAR OF
CO-OPERATIVE SOCIETIES
EXHIBIT P2 TRUE COPY OF THE HAND WRITTEN
STATEMENT ISSUED BY THE 4TH RESPONDENT
EXHIBIT P3 TRUE COPY OF THE CHEQUE NO.76129 DATED
27/03/2024 OF SB ACCOUNT NO.2101 OF
THE 3RD RESPONDENT SOCIETY
EXHIBIT P4 TRUE COPY OF THE COMPLAINT DATED
27/03/2024 GIVEN TO THE 2ND RESPONDENT
EXHIBIT P5 TRUE COPY OF THE COMPLAINT DATED
27/03/2024 GIVEN TO THE 2ND RESPONDENT
BY SRI UDAYABHANU
