Kerala High Court
K.T.Abdul Razak vs The Chairman on 28 May, 2024
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE M.A.ABDUL HAKHIM
TUESDAY, THE 28TH DAY OF MAY 2024 / 7TH JYAISHTA, 1946
WP(C) NO. 17227 OF 2020
PETITIONER/S:
1 K.T.ABDUL RAZAK
AGED 52 YEARS
DIRECTOR, ANDATHODE SERVICE CO-OPERATIVE BANK LTD.NO.F 1249,
ERAMANGALAM P.O., MALAPPURAM DISTRICT-679 587.
2 VALANCHERY SERVICE CO-OPERATIVE BANK LTD.NO.M-728,
VALANCHERY P.O., MALAPPURAM DISTRICT-676 552, REPRESENTED BY
THE PRESIDENT OF THE MANAGING COMMITTEE.
BY ADVS.
GEORGE POONTHOTTAM (SR.)
SMT.NISHA GEORGE
SRI.VISHNU B.KURUP
RESPONDENT/S:
1 THE CHAIRMAN
NATIONAL BANK FOR AGRICULTURAL AND RURAL DEVELOPMENT, (NABARD),
CENTRAL OFFICE, BANDRA KURLA COMPLEX, BKC ROAD, BANDRA, MUMBAI-
400 051.
2 THE GENERAL MANAGER
NATIONAL BANK FOR AGRICULTURAL AND RURAL DEVELOPMENT (NABARD),
KERALA REGIONAL OFFICE, PUNNEN ROAD,
THIRUVANANTHAPURAM-695 001.
3 THE REGISTRAR OF CO-OPERATIVE SOCIETIES
O/O. REGISTRAR OF CO-OPERATIVE SOCIETIES, D.P.I. JUNCTION,
THIRUVANANTHAPURAM-695 014.
4 THE KERALA STATE CO-OPERATIVE BANK
PB NO.6515, COBANK TOWERS, PALAYAM, THIRUVANANTHAPURAM-695 033,
REPRESENTED BY ITS MANAGING DIRECTOR.
BY ADVS.
SRI.K.P.SUJESH KUMAR
SRI.GILBERT GEORGE CORREYA
OTHER PRESENT:
SRI.V.VENUGOPAL-GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
28.05.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C)No.17227 OF 2020
2
JUDGMENT
The first petitioner is a member of the Board of
Directors of a Service Co-operative Bank, coming under the
erstwhile Malappuram District Co-operative Bank. The
second petitioner is a Service Co-operative Bank.
2. With respect to the non-grant of Short-term
Refinance Special Liquid Facility (SLF) to the petitioners
and misuse of the same by the authorities, the petitioners
have submitted Ext.P5 representation dated 21.07.2020
before the respondents 1 & 3. The prayer of the petitioners is
to conduct an enquiry by both the respondents 1 & 3 acting
upon Ext.P5 representation and to take further action
against all societies which had disbursed loan contrary to the
Scheme of the respondent No.1.
3. The respective counsels for respondents 1, 2 & 4
sought time to file counter affidavit.
4. Since the writ petition is of the year 2020 and in
W.P.(C)No.17227 OF 2020
view of the limited prayer made by the Counsel for the
petitioners seeking consideration of Ext.P5 Representation, I
dispose of this writ petition directing to consider and pass
orders on Ext.P5 by the Respondent No.1 & 3 within a period
of three months from the date of receipt of a copy of this
judgment.
The writ petition is disposed of.
Sd/-
M.A.ABDUL HAKHIM
JUDGE
Shg/J.
W.P.(C)No.17227 OF 2020
APPENDIX OF WP(C) 17227/2020
PETITIONER EXHIBITS
EXHIBIT P1 TRUE COPY OF THE INTERIM ORDER ISSUED BY THIS HON'BLE
COURT IN WPC 639/2020, DATED 5.3.2020.
EXHIBIT P2 TRUE COPY OF THE PROVISION FOR SHORT TERM REFINANCE
SCHEME TO STATE CO-OPERATIVE BANKS ISSUED BY NABARD,
DATED 23.4.2020.
EXHIBIT P2(A) TRUE COPY OF THE CIRCULAR
REF.NO.NB.DOR.ST.POLICY/1255/A.1(GEN)/2019-20
(CIRCULAR NO.226/DOR-61/2019) DATED 24.7.2019 ISSUED
BY NABARD.
EXHIBIT P2(B) TRUE COPY OF THE CIRCULAR NO.NB.DOR/27/AI.GEN/2020-21
(CIRCULAR NO.103/DOR-31/2020) DATED 15.4.2020 ISSUED
BY NABARD.
EXHIBIT P2(C) TRUE COPY OF THE CIRCULAR NO.NB.DOR/35/A1/(ST-
OTHERS)/2020-21 (CIRCULAR NO.108/DOR-33/2020) DATED
16.4.2020, ISSUED BY NABARD.
EXHIBIT P3 TRUE COPY OF THE CIRCULAR NO.R.F.D/SLF/347/2020-21 ON
SHORT TERM-SPECIAL LIQUIDITY FACILITY ISSUED BY THE
KSCB, DATED 5.5.2020.
EXHIBIT P4 TRUE COPY OF THE CIRCULAR NO.RFD/SLF/347/2020-21
ISSUED BY THE KSCB DATED 6.5.2020.
EXHIBIT P4(A) TRUE COPY OF THE CIRCULAR NO.NO.RFD/SLF/347/311/2020-
21 DATED 16.5.2020 ISSUED BY THE KSCB.
EXHIBIT P4(B) TRUE COPY OF THE CIRCULAR NO.RFD/SLF/347/2020-21
DATED 03.6.2020 ISSUED BY THE KSCB.
EXHIBIT P5 TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE
PETITIONERS BEFORE THE NABARD AND THE REGISTRAR OF
CO-OPERATIVE SOCIETIES, DATED 21.7.2020.
