Kerala High Court
Rajesh S vs Registrar Of Co-Operative Societies on 14 November, 2024
Author: N.Nagaresh
Bench: N.Nagaresh
2024:KER:85263
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
THURSDAY, THE 14TH DAY OF NOVEMBER 2024 / 23RD KARTHIKA, 1946
WP(C) NO. 31473 OF 2024
PETITIONERS:
1 RAJESH S
AGED 53 YEARS
S/O SIVASANKARAN NAIR,
UTHRITTATHI, PATTAZHY P.O., PATTAZHY,
KOLLAM DISTRICT, PIN - 691522
2 MANJU R
AGED 50 YEARS
W/O RADHAKRISHNAN PILLAI,
KRISHNA BHAVAN, KARAVALOOR P.O.,
KOLLAM DISTRICT, PIN - 691333
3 RASHEED
AGED 50 YEARS
S/O SYED MASOOD, MURUPPEL PUTHENVEEDU,
MALOOR P.O.,PATTAZHY, KOLLAM DISTRICT,
PIN - 689695
4 RAMSIYA N
AGED 46 YEARS
W/O RASHEED, MURUPPEL PUTHENVEEDU,
MALOOR P.O., PATTAZHY,
KOLLAM DISTRICT,
PIN - 689695
BY ADVS.
ARUN CHANDRAN
AMRITA ARUN
ASWATHY S MENON
2024:KER:85263
WP(C) No.31473 of 2024
2
RESPONDENTS:
1 REGISTRAR OF CO-OPERATIVE SOCIETIES
OFFICE OF THE REGISTRAR OF CO-OPERATIVE
SOCIETIES, JAGATHY,
THIRUVANANTHAPURAM DISTRICT, PIN - 695014
2 THE KERALA STATE CO-OPERATIVE
HOUSING FEDERATION LIMITED NO.4330 (HOUSEFED)
HEAD OFFICE BUILDING, KALOOR, KOCHI
REPRESENTED BY ITS MANAGING DIRECTOR - 682013
3 THE PATHANAPURAM BLOCK HOUSING CO-OPERATIVE
SOCIETY LIMITED NO.Q456
PUNALUR P.O., KOLLAM DISTRICT
REPRESENTED BY ITS SECRETARY, PIN - 691305
BY ADVS.
BINU MATHEW
SAHASRANAMAN PB
T.S.HARIKUMAR(K/782/1989)
SHEEJA SOMAN P.(K/1314/1995)
SMT.RESMI THOMAS, GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 14.11.2024, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
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WP(C) No.31473 of 2024
3
JUDGMENT
Dated this the 14th day of November, 2024
The petitioners are the members of the Pathanapuram
Block Housing Co-operative Society Limited. The petitioners are
aggrieved by the non-releasing and return of documents
pertaining to their property relating to their Housing Loans
availed from the 3rd respondent-Society, despite repayment of
the entire amount and repeated requests. Though the entire
liability towards the Housing Loans was cleared by the
petitioners, as is evidenced by Exts.P1 to P3 loan closure
certificates issued by the 3rd respondent-Society, the petitioners
are made to run from pillar to post by the respondents for
returning their documents.
2. The petitioners were told by the Secretary of
the 3rd respondent that the money for advancing the loan by the
3rd respondent to the petitioners was advanced by the
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2nd respondent-Apex Society and as a security for repayment of
the money advanced by the 2nd respondent to the
3rd respondent-Society, the 3rd respondent had deposited the
Title Deeds of the properties belonging to the petitioners with
the 2nd respondent. Therefore, until the 3rd respondent pays off
the amounts due from the 3rd respondent to the 2nd respondent,
the 2nd respondent is not bound to return the Title Deeds of
properties belonging to the petitioners. The petitioners had
executed Gahan in favour of the 3rd respondent alone and they
have not executed any agreement with the Apex Society. The
petitioners can be bound only by an agreement signed by them
with the 2nd respondent, which they had never executed.
3. In a similar case, this Court has ordered to
return the Title Deeds to the petitioners therein as per Ext.P4
judgment. Facts of the instant case are similar to the case
which was projected in W.P.(C) No.22167 of 2024, contended
the counsel for the petitioners.
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4. Standing Counsel entered appearance on
behalf of the 2nd respondent and resisted the writ petition. The
Standing Counsel denied all the allegations made by the
petitioners against the 2nd respondent in the writ petition. The
Standing Counsel pointed out that a Full Bench of this Court in
the judgment in K.C John and another v. Liquidator,
Wadakkancherry Housing Co-operative Society Limited and
others [2006 (1) KLT 11] has held that only when the duty
owned by the Co-operative Society is of a public nature or when
there is infringement of any statutory Rules by such a
Co-operative, a writ will lie against Co-operative Society.
5. In this case, the primary Society has pledged
the documents to the 2nd respondent and has obtained loan.
Those loans stand unpaid till date. Therefore, the
2nd respondent has a legal right to retain the documents. The
petitioners cannot seek relief of releasing of documents as long
as respondents 2 and 3 are bound by a private agreement.
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6. Heard.
7. Considering the law laid down by the Full
Bench of this Court in K.C. John and another (supra), I am of
the view that no relief as prayed for by the petitioners can be
granted in this writ petition.
Following the Full Bench judgment in K.C. John and
another (supra), the writ petition is dismissed. However, this will
be without prejudice to the right of the petitioners to invoke
other statutory remedies as is available to them.
Sd/-
N.NAGARESH
JUDGE
spk
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APPENDIX OF WP(C) 31473/2024
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE CERTIFICATE ISSUED BY
THE 3RD RESPONDENT HOUSING COOPERATIVE
SOCIETY BEARING DATE 30.08.2024,
EVIDENCING FULL AND FINAL SETTLEMENT OF
Exhibit P2 TRUE COPY OF THE CERTIFICATE ISSUED BY
THE 3RD RESPONDENT HOUSING COOPERATIVE
SOCIETY BEARING DATE 30.08.2024,
EVIDENCING FULL AND FINAL SETTLEMENT OF
Exhibit P3 TRUE COPY OF THE CERTIFICATE ISSUED BY
THE 3RD RESPONDENT HOUSING COOPERATIVE
SOCIETY BEARING DATE 10.04.2023,
EVIDENCING FULL AND FINAL SETTLEMENT OF
AND 4
Exhibit P4 TRUE COPY OF THE JUDGMENT OF THIS
HONOURABLE COURT IN WRIT PETITION
[CIVIL] NO. 22167 OF 2024, DATED
31.07.2024, DIRECTING RESPONDENTS 2 AND
3 THEREIN TO RELEASE THE TITLE DEEDS IN
RESPECT OF THE PETITIONERS THEREIN
RESPONDENT EXHIBITS
EXHIBIT-R2(A) TRUE COPY OF THE BYE-LAWS OF THE KERALA
STATE CO-OPERATIVE HOUSING FEDERATION
LTD
EXHIBIT-R2(B) TRUE COPY OF THE LOAN REGULATION OF THE
KERALA STATE CO-OPERATIVE HOUSING
FEDERATION LTD., FRAMED UNDER THE BYE
LAW
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EXHIBIT-R2(C) THE TRUE COPY OF LOAN APPLICATION DATED
27-06-2009 SUBMITTED BY THE 1ST WRIT
PETITIONER-RAJESH
EXHIBIT-R2(D) THE TRUE COPY OF LOAN APPLICATION DATED
19-05-2010, SUBMITTED BY THE 2ND
PETITIONER-MANJU
EXHIBIT-R2(E) THE TRUE COPY OF LOAN APPLICATION DATED
27-07-2010, SUBMITTED BY THE 3RD AND
4TH PETITIONERS
EXHIBIT-R2(F) THE TRUE COPY OF LOAN SANCTION ORDER OF
THE 2ND RESPONDENT, DATED 26-08-2009,
FAVOURING THE 1ST PETITIONER-RAJESH
EXHIBIT-R2(G) THE TRUE COPY OF LOAN SANCTION ORDER OF
THE 2ND RESPONDENT DATED 02-08-2010,
FAVOURING THE 2ND PETITIONER-MANJU
EXHIBIT-R2(H) THE TRUE COPY OF LOAN SANCTION ORDER OF
THE 2ND RESPONDENT DATED 25-04-2011,
FAVOURING THE 3RD AND 4TH PETITIONER
EXHIBIT-R2(I) THE TRUE COPY OF THE GEHAN/MORTGAGE
DEED NO. G-1290/09 DATED 23-10-2009
EXECUTED BY THE 1ST PETITIONER, IN
FAVOUR OF THE PRIMARY SOCIETY
EXHIBIT-R2(J) THE TRUE COPY OF THE GEHAN/MORTGAGE
DEED NO. G-330 /11 DATED 24-01-2011,
EXECUTED BY THE 2ND PETITIONER, IN
FAVOUR OF THE PRIMARY SOCIETY
EXHIBIT-R2(K) THE TRUE COPY OF THE GEHAN/MORTGAGE
DEED NO. G-867/2011/I DATED 30-05-2011,
EXECUTED BY THE 3RD AND 4TH PETITIONERS
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EXHIBIT-R2(L) THE TRUE COPY OF THE MORTGAGE DEED
DATED 21-10-2009, EXECUTED BY THE 3RD
RESPONDENT IN FAVOUR OF THE 2ND
RESPONDENT RELATING TO THE 1ST
PETITIONER
EXHIBIT-R2(M) THE TRUE COPY OF THE MORTGAGE DEED
DATED 02-02-2011, EXECUTED BY THE 3RD
RESPONDENT IN FAVOUR OF THE 2ND
RESPONDENT RELATING TO THE 2ND
PETITIONER
EXHIBIT-R2(N) THE TRUE COPY OF THE MORTGAGE DEED
DATED 23-08-2011, EXECUTED BY THE 3RD
RESPONDENT IN FAVOUR OF THE 2ND
RESPONDENT RELATING TO THE 3RD AND 4TH
PETITIONERS
EXHIBIT-R2(O) THE TRUE COPY OF THE CLOSING AMOUNTS AS
ON 12-09-2024 MAINTAINED BY THE
FEDERATION
EXHIBIT-R2(P) THE TRUE COPY OF THE LOAN APPLICATION
DATED 22-03-1983 REFERRED TO IN JOHN
VS. LIQUDATOR
