Kerala High Court
Sam K T vs State Of Kerala on 1 October, 2024
Author: N.Nagaresh
Bench: N.Nagaresh
2024:KER:73697
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
TUESDAY, THE 1ST DAY OF OCTOBER 2024 / 9TH ASWINA, 1946
WP(C) NO. 28946 OF 2024
PETITIONER:
SIVADASAN P
AGED 68 YEARS, S/O K N PURUSHOTAMAN,
SHIVASYLAM, CHERIYANAD P.O, CHENAGNNUR,
ALAPPUZHA, PIN - 689 511.
BY ADVS.
P.VINODKUMAR
PARVATHI VENUGOPAL
RESPONDENTS:
1 STATE OF KERALA
REP BY THE SECRETARY,
DEPARTMENT OF COOPERATION,
SECRETRIATE,THIRUVANTHAPURAM,
PIN - 695 001.
2 THE REGISTRAR
DEPARTMENT OF CO-OPERATION,
OFFICE OF THE REGISTRAR OF CO-OPERATIVE
SOCIETIES JAWAHAR SAHAKARANA BHAVAN,
THYCAUD P.O, THIRUVANATHAPURAM,
PIN - 695 014.
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3 THE JOINT REGISTRAR.
CO-OPERATIVE SOCIETIES, MULLACKAL,
ALAPPUZHA, PIN - 688 011.
4 THE PULIYOOR CO-OPERATIVE BANK LTD
A109, PERISSERY P.O,CHANGANNUR ,
ALAPPUZHA , REP BY ITS SECRETARY,
PIN - 689 126.
5 THE DISTRICT CO-OPERATIVE BANK
HEAD OFFICE,P.B.NO 104
OPP MUNCIPAL TOWN HALL,CHUNGAM,
ALAPPUZHA REP BY ITS GENERAL MANAGER.,
PIN - 688 011.
BY ADVS.
P. THOMAS GEEVERGHESE
THOMAS ABRAHAM, FOR R5
TONY THOMAS (INCHIPARAMBIL)(K/810/2010)
P.P. THAJUDHEEN, SPECIAL GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD
ON 01.10.2024, ALONG WITH WP(C).29375/2024 AND CONNECTED
CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C)No.28946 of 2024
and connected cases 2024:KER:73697
:3:
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
TUESDAY, THE 1ST DAY OF OCTOBER 2024 / 9TH ASWINA, 1946
WP(C) NO. 28979 OF 2024
PETITIONER:
SAM K T
AGED 52 YEARS, S/O THANKACHAN,
KATTINTAYYATH AJIN BHAVANAM, PULIYOOR P.O,
CHENAGNNUR, ALAPPUZHA, PIN - 689 510.
BY ADVS.
P.VINODKUMAR
PARVATHI VENUGOPAL
RESPONDENTS:
1 STATE OF KERALA
REP BY THE CHIEF SECRETARY, SECRETARIAT,
THIRUVANATHAPURAM, PIN - 695 001.
2 THE REGISTRAR
DEPARTMENT OF CO-OPERATION,
OFFICE OF THE REGISTRAR OF CO- OPERATIVE
SOCIETIES JAWAHAR SAHAKARANA BHAVAN,
THYCAUD P.O, THIRUVANATHAPURAM,
PIN - 695 014.
3 THE JOINT REGISTRAR
OF CO-OPERATIVE SOCIETIES, MULLACKAL,
ALAPPUZHA, PIN - 688 011.
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4 THE PULIYOOR CO-OPERATIVE BANK LTD
A109, PERISSERY P.O,CHANGANNUR , ALAPPUZHA ,
REP BY ITS SECRETARY., PIN - 689 126.
5 THE DISTRICT CO-OPERATIVE BANK
HEAD OFFICE,P.B.NO 104 OPP MUNCIPAL TOWN HALL,
CHUNGAM,ALAPPUZHA REP BY ITS GENERAL MANAGER.,
PIN - 688 011.
BY ADVS.
P. THOMAS GEEVERGHESE, FOR R4
TONY THOMAS (INCHIPARAMBIL)(K/810/2010)
THOMAS ABRAHAM, FOR R5
P.P. THAJUDHEEN, SPECIAL GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD
ON 01.10.2024, ALONG WITH WP(C).29375/2024 AND CONNECTED
CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C)No.28946 of 2024
and connected cases 2024:KER:73697
:5:
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
TUESDAY, THE 1ST DAY OF OCTOBER 2024 / 9TH ASWINA, 1946
WP(C) NO. 29225 OF 2024
PETITIONERS:
1 JULI BABY
AGED 47 YEARS, W/O P T VARGHESE,
PLANTHARAYIL HOUSE, PERISSERY P.O,
CHANGANNUR , ALAPPUZHA, PIN - 689 126.
2 P T VARGHESE
AGED 54 YEARS, S/O LATE THOMAS,
PLANTHARAYIL HOUSE, PERISSERY P.O,
CHANGANNUR , ALAPPUZHA, PIN - 689 126.
3 SARAMMA THOMAS
AGED 80 YEARS, W/O LATE THOMAS.
PLANTHARAYIL HOUSE, PERISSERY P.O,
CHANGANNUR , ALAPPUZHA, PIN - 689 126.
BY ADVS.
P.VINODKUMAR
PARVATHI VENUGOPAL
RESPONDENTS:
1 STATE OF KERALA
REP BY THE CHIEF SECRETARY, SECRETARIAT,
THIRUVANATHAPURAM, PIN - 695 001.
2 THE REGISTRAR
DEPARTMENT OF CO-OPERATION, OFFICE OF THE
REGISTRAR OF CO-OPERATIVE SOCIETIES JAWAHAR
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SAHAKARANA BHAVAN, THYCAUD P.O,
THIRUVANATHAPURAM, PIN - 695 014.
3 THE JOINT REGISTRAR
CO-OPERATIVE SOCIETIES, MULLACKAL,
ALAPPUZHA, PIN - 688 011.
4 THE PULIYOOR CO-OPERATIVE BANK LTD
A109, PERISSERY P.O,CHANGANNUR , ALAPPUZHA ,
REP BY ITS SECRETARY., PIN - 689 126.
5 THE DISTRICT CO-OPERATIVE BANK
HEAD OFFICE,P.B.NO 104 OPP MUNCIPAL TOWN
HALL,CHUNGAM,ALAPPUZHA REP BY ITS
GENERAL MANAGER, PIN - 688 011.
BY ADVS.
P. THOMAS GEEVERGHESE, FOR R4
TONY THOMAS (INCHIPARAMBIL)(K/810/2010)
THOMAS ABRAHAM, FOR R5
P.P. THAJUDHEEN, SPECIAL GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD
ON 01.10.2024, ALONG WITH WP(C).29375/2024 AND CONNECTED
CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C)No.28946 of 2024
and connected cases 2024:KER:73697
:7:
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
TUESDAY, THE 1ST DAY OF OCTOBER 2024 / 9TH ASWINA, 1946
WP(C) NO. 29276 OF 2024
PETITIONERS:
1 K.C RAJANATHAN
AGED 72 YEARS, S/O CHELLAPPA KARNAVAR
KOTTAKKATTIL DHANYA BHAVAN, NEDUVARAMCODE P.O,
CHANGANNUR , ALAPPUZHA, PIN - 689 508.
2 VALSALA KUMARI S
AGED 68 YEARS, W/O K.C RAJANATHAN,
KOTTAKKATTU DHANYA BHAVAN, NEDUVARAMCODE P.O,
CHANGANNUR , ALAPPUZHA, PIN - 689 508.
3 SREERAJ
AGED 34 YEARS, S/O K.C RAJANATHAN,
KOTTAKKATTU DHANYA BHAVAN, NEDUVARAMCODE P.O,
CHANGANNUR , ALAPPUZHA, PIN - 689 508.
BY ADVS.
P.VINODKUMAR
PARVATHI VENUGOPAL
RESPONDENTS:
1 STATE OF KERALA
REP BY THE CHIEF SECRETARY, SECRETARIAT,
THIRUVANATHAPURAM, PIN - 695 001.
2 THE REGISTRAR
DEPARTMENT OF CO-OPERATION,
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OFFICE OF THE REGISTRAR OF CO-OPERATIVE
SOCIETIES JAWAHAR SAHAKARANA BHAVAN,
THYCAUD P.O, THIRUVANATHAPURAM, PIN - 695 014.
3 THE JOINT REGISTRAR
CO-OPERATIVE SOCIETIES, MULLACKAL,
ALAPPUZHA, PIN - 688 011.
4 THE PULIYOOR CO-OPERATIVE BANK LTD.
A109, PERISSERY P.O,CHANGANNUR ,
ALAPPUZHA REP BY ITS SECRETARY.,
PIN - 689 126.
5 THE DISTRICT CO-OPERATIVE BANK
HEAD OFFICE,P.B.NO 104 OPP MUNCIPAL TOWN
HALL,CHUNGAM,ALAPPUZHA REP BY ITS
GENERAL MANAGER., PIN - 688 011.
BY ADVS.
P. THOMAS GEEVERGHESE, FOR R4
TONY THOMAS (INCHIPARAMBIL)(K/810/2010)
THOMAS ABRAHAM, FOR R5
P.P. THAJUDHEEN, SPECIAL GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD
ON 01.10.2024, ALONG WITH WP(C).29375/2024 AND CONNECTED
CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C)No.28946 of 2024
and connected cases 2024:KER:73697
:9:
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
TUESDAY, THE 1ST DAY OF OCTOBER 2024 / 9TH ASWINA, 1946
WP(C) NO. 29316 OF 2024
PETITIONERS:
1 RADHA KRISHNA PILLAI
AGED 65 YEARS, S/O KISHNA PILLAI,
VATHILETHU CHITHIRA HOUSE, PULIYOOR
P.O,CHANGANNUR , ALAPPUZHA, PIN - 689 510.
2 KALA RADHAKRISHNAN
AGED 51 YEARS, W/O RADHA KRISHNA PILLAI,
VATHILETHU CHITHIRA HOUSE, PULIYOOR
P.O,CHANGANNUR , ALAPPUZHA, PIN - 689 510.
3 RESHMA KRISHNAN
AGED 30 YEARS, D/O KALA RADHAKRISHNAN.
VATHILETHU CHITHIRA HOUSE,
PULIYOOR P.O,CHANGANNUR , ALAPPUZHA,
PIN - 689 510.
BY ADVS.
P.VINODKUMAR
PARVATHI VENUGOPAL
RESPONDENTS:
1 STATE OF KERALA
REP BY THE CHIEF SECRETARY, SECRETARIAT,
THIRUVANATHAPURAM-695001, PIN - 695 001.
W.P.(C)No.28946 of 2024
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2 THE REGISTRAR
DEPARTMENT OF CO-OPERATION,
OFFICE OF THE REGISTRAR OF CO-OPERATIVE
SOCIETIES JAWAHAR SAHAKARANA BHAVAN,
THYCAUD P.O, THIRUVANATHAPURAM, PIN - 695 014.
3 THE JOINT REGISTRAR
CO-OPERATIVE SOCIETIES, MULLACKAL,
ALAPPUZHA, PIN - 688 011.
4 THE PULIYOOR CO-OPERATIVE BANK LTD
A109, PERISSERY P.O,CHANGANNUR ,
ALAPPUZHA REP BY ITS SECRETARY,
PIN - 689 126.
5 THE DISTRICT CO-OPERATIVE BANK
HEAD OFFICE,P.B.NO 104 OPP MUNCIPAL TOWN
HALL,CHUNGAM,ALAPPUZHA, REP BY ITS
GENERAL MANAGER., PIN - 688 011.
BY ADVS.
P. THOMAS GEEVERGHESE, FOR R4
TONY THOMAS (INCHIPARAMBIL)(K/810/2010)
THOMAS ABRAHAM, FOR R5
P.P. THAJUDHEEN, SPECIAL GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD
ON 01.10.2024, ALONG WITH WP(C).29375/2024 AND CONNECTED
CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C)No.28946 of 2024
and connected cases 2024:KER:73697
:11:
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
TUESDAY, THE 1ST DAY OF OCTOBER 2024 / 9TH ASWINA, 1946
WP(C) NO. 29359 OF 2024
PETITIONER:
MALLIKA BHATTATHIRI
AGED 69 YEARS, D/O ARYAN BHATTATHIRI,
PARAMPOOR, PERISSERY P.O, CHENAGNNUR,
ALAPPUZHA., PIN - 689 126.
BY ADVS.
P.VINODKUMAR
PARVATHI VENUGOPAL
RESPONDENTS:
1 STATE OF KERALA
REP BY THE CHIEF SECRETARY,
SECRETARIAT, THIRUVANATHAPURAM,
PIN - 695 001.
2 THE REGISTRAR
DEPARTMENT OF CO-OPERATION,
OFFICE OF THE REGISTRAR OF CO-OPERATIVE
SOCIETIES JAWAHAR SAHAKARANA BHAVAN,
THYCAUD P.O, THIRUVANATHAPURAM,
PIN - 695 014.
3 THE JOINT REGISTRAR
CO-OPERATIVE SOCIETIES, MULLACKAL,
ALAPPUZHA, PIN - 688 011.
W.P.(C)No.28946 of 2024
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4 THE PULIYOOR CO-OPERATIVE BANK LTD
A109, PERISSERY P.O,CHANGANNUR ,
ALAPPUZHA REP BY ITS SECRETARY,
PIN - 689 126.
5 THE DISTRICT CO-OPERATIVE BANK
HEAD OFFICE,P.B.NO 104 OPP MUNCIPAL TOWN
HALL,CHUNGAM,ALAPPUZHA REP BY ITS
GENERAL MANAGER., PIN - 688 011.
BY ADVS.
P. THOMAS GEEVERGHESE, FOR R4
TONY THOMAS (INCHIPARAMBIL)(K/810/2010)
THOMAS ABRAHAM, FOR R5
P.P. THAJUDHEEN, SPECIAL GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD
ON 01.10.2024, ALONG WITH WP(C).29375/2024 AND CONNECTED
CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C)No.28946 of 2024
and connected cases 2024:KER:73697
:13:
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
TUESDAY, THE 1ST DAY OF OCTOBER 2024 / 9TH ASWINA, 1946
WP(C) NO. 29375 OF 2024
PETITIONERS:
1 BABU S KUMAR
AGED 55 YEARS, S/O RAMAKRISHNA PILLAI,
PAZHAMPALLIL HOUSE, PULIYOOR P.O,
CHANGANNUR , ALAPPUZHA.689510, PIN - 689 510.
2 ASWATHI DEVI
AGED 45 YEARS, W/OBABU S KUMAR,
PAZHAMPALLIL HOUSE, PULIYOOR P.O,
CHANGANNUR , ALAPPUZHA, PIN - 689 510.
3 RAJAMMA
AGED 72 YEARS, W/O LATE RAMAKRISHNA PILLAI.
PAZHAMPALLIL HOUSE, PULIYOOR P.O,
CHANGANNUR , ALAPPUZHA, PIN - 689 510.
BY ADVS.
P.VINODKUMAR
PARVATHI VENUGOPAL
RESPONDENTS:
1 STATE OF KERALA
REP BY THE CHIEF SECRETARY,
SECRETARIAT, THIRUVANATHAPURAM,
PIN - 695 001.
W.P.(C)No.28946 of 2024
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2 THE REGISTRAR
DEPARTMENT OF CO-OPERATION,
OFFICE OF THE REGISTRAR OF CO-OPERATIVE
SOCIETIES JAWAHAR SAHAKARANA BHAVAN,
THYCAUD P.O, THIRUVANATHAPURAM,
PIN - 695 014.
3 THE JOINT REGISTRAR
CO-OPERATIVE SOCIETIES, MULLACKAL,
ALAPPUZHA, PIN - 688 011.
4 THE PULIYOOR CO-OPERATIVE BANK LTD
A109, PERISSERY P.O,CHANGANNUR ,
ALAPPUZHA REP BY ITS SECRETARY,
PIN - 689 126.
5 THE DISTRICT CO-OPERATIVE BANK
HEAD OFFICE,P.B.NO 104 OPP MUNCIPAL TOWN
HALL,CHUNGAM,ALAPPUZHA REP BY ITS
GENERAL MANAGER., PIN - 688 011.
BY ADVS.
P. THOMAS GEEVERGHESE, FOR R4
TONY THOMAS (INCHIPARAMBIL)(K/810/2010)
THOMAS ABRAHAM, FOR R5
P.P. THAJUDHEEN, SPECIAL GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD
ON 01.10.2024, ALONG WITH WP(C).28946/2024, 28979/2024 AND
CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
W.P.(C)No.28946 of 2024
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JUDGMENT
Dated this the 1st day of October, 2024
[W.P.(C) Nos.28946, 28979, 29225, 29276, 29316, 29359,
29375 of 2024]
These writ petitions have been filed by the petitioners,
who have made Fixed Deposits in the respective Co-operative
Societies / Banks. Some of the petitioners have deposits in SB
Accounts also.
2. Due to various factors, the Co-operative Societies /
Banks are in financial doldrums and are not in a position to
honour Fixed Deposits on their maturity or the cheques drawn
by the petitioners to withdraw amounts from their Savings Bank
Accounts. The petitioners are therefore before this Court
seeking to direct the Societies / Banks to release the Fixed
Deposit / SB Deposit amounts to the petitioners forthwith.
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3. The counsel for the petitioners would urge that
though a statutory remedy under Section 69 of the
Co-operative Societies Act is available to the petitioners, the
said remedy is not an efficacious alternate remedy. A Division
Bench of this Court in Gandhigram Agro Based Industrial
Co-operative Society Limited v. Marangattupilly Service
Co-operative Bank Limited and others [2019 (2) KLJ 908]
has held that a writ petition is maintainable when the
Co-operative Societies / Banks refuse to repay the amounts
deposited by members of the Society.
4. The Special Government Pleader representing the
State would contend that a Division Bench of this Court has
held in the judgment in Meenachil Rubber Marketing and
Processing Co-operative Society Limited and others v. The
Choondachery Service Co-operative Bank Limited No.167
and others [2018 (2) KHC 180] that a dispute between a
Society and its member relating to any transaction connected
and connected cases 2024:KER:73697
to the Society, should be resolved through arbitral proceedings
provided under Section 69 of the Kerala Co-operative Societies
Act. A writ petition under Article 226 of the Constitution of India
is not maintainable in such commercial transactions.
5. Be that as it may, the fact remains that the hard
earned money of the petitioners deposited with the
Co-operative Societies / Banks cannot be withdrawn now in
view of the financial condition of the Societies / Banks.
6. The Government of Kerala, taking note of the
peculiar situation in the Co-operative sector, has taken
measures to offer financial assistance to the Co-operative
Societies for the purpose of reviving the Co-operative Societies
which are financially weaker or remain in dormant position due
to extraordinary situation.
7. The Government of Kerala, in exercise of the powers
conferred by Section 57E of the Kerala Co-operative Societies
Act, 1969, has framed the Kerala Co-operative Revival Fund
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Scheme, 2024. The Scheme has been notified as per
Notification GO(P) No.168/2024/Co-op dated 29.08.2024.
8. Paragraph 4 of the Kerala Co-operative Revival
Fund Scheme, 2024 reads as follows:
4. Terms and Conditions for providing financial
assistance -
(1) A Co-operative Society registered under the Act
shall be eligible to be considered for the benefits
under this Scheme.
(2) When a Society's operations has become
sluggish due to operational inefficiencies, lack of
working capital and short-term liquidity issues, it shall
formulate a revival scheme.
(3) Only those Co-operative Societies that are
weaker or remain dormant but viable and capable of
gaining strength shall be considered for revival.
(4) In addition to the financial assistance that may
be provided from the Scheme, societies facing crisis
are also eligible to utilize any reserve funds they have
accumulated, subject to conditions if any specified by
the Registrar.
(5) The amount sanctioned under the Scheme shall
be granted a moratorium on repayment for the first
two years. The repayment period ranges from five to
ten years. The State High Level Committee shall be
competent to determine the instalment structure and
interest rates from time to time.
(6) Application Form for availing financial
assistance from this Scheme shall be as specified by
the Registrar.
In view of the Co-operative Revival Fund Scheme, 2024, the
Co-operative Societies / Banks concerned in these writ
and connected cases 2024:KER:73697
petitions can make appropriate application for the benefits
under the Scheme, with the aid of which the Societies / Banks
can discharge their liabilities towards the FD/SB Deposit
holders.
9. Furthermore, the Co-operative Department,
Government of Kerala has issued GO(P) No.175/2024/Co-op
dated 03.09.2024 inserting paragraph 5A in the Kerala
Co-operative Deposit Guarantee Scheme, 2018. Paragraph 5A
reads as follows:-
"5 A. Assistance to a guaranteed Society:-
(1) The Board may provide an assistance to a
guaranteed Society (not under liquidation/defunct) as
advance or loan to refund the deposits to depositors.
(2) The application for assistance shall be
recommended by the Registrar of Co-operative
Societies and shall contain a revival package duly
certified by the Registrar of Co-operative Societies.
(3) The loan shall be repaid within a period of
maximum seven years as suggested in revival
package and recommended by Registrar of Co-
operative Societies.
(4) The interest rate of such assistance shall be
1% in excess of fixed deposits maintained by Kerala
State Co-operative Bank from time to time.
(5) Securities and assets of the Society concerned
equivalent to the assistance sanctioned shall be
pledged to the Board as per the suggestion in the
revival package.
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(6) The Director Board of Kerala Co-operative
Deposit Guarantee Fund Board shall be the final
authority to sanction the assistance.
(7) The Board shall sanction the assistance
subject to the following conditions:-
(a) The Board shall sanction the assistance
only up to a maximum of 50% of the total contribution
collected during the previous financial year.
(b) Application for the assistance shall be
submitted through the Registrar of Co-operative
Societies. The application and revival package shall
be scrutinized and recommended by the District
Level Committee consisting of Joint Registrar of Co-
operative Societies (General), Joint Director of Co-
operative Societies (Audit), Assistant Registrar of Co-
operative Societies (General) concerned, and submit
it to the Registrar of Co-operative Societies and
forward the same to Kerala Co-operative Deposit
Guarantee Fund Board with proper recommendation.
(c) The application submitted by the Society
to Assistant Registrar (General) concerned shall
submit to District Level Committee within 7 days on
receipt of application. The District Level Committee
shall submit the same to the Registrar of Co-
operative Societies within 7 days. The Kerala Co-
operative Deposit Guarantee Fund Board shall
sanction the assistance within 15 days.
(d) The repayment of such advance/loan
shall begin from second year. Interest shall be paid
from 4th year. Principal amount and the interest shall
be repaid fully within the completion of 7 th year as
suggested in the revival package.
(e) The advance sanctioned by the Board
shall only be utilized for refund of deposits. The
Board shall have the power to verify that this
condition has been duly complied with.
(f) There should be a District Level
Committee consisting of Departmental officials as
suggested in clause 7(b) including a representative
of the Kerala Co-operative Deposit Guarantee Fund
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Board to evaluate the progress of revitalization
package implemented by the society once in every
three months. The review report shall also be
evaluated by the Director Board of the Board from
time to time.
(g) If the society fails to execute the revival
package the board have power to demand immediate
refund.
(h) The loan sanctioned as per the package
can be refunded fully if the society become financially
sound before the loan period.
(i) Save as otherwise provided in clause (a)
above, the Board may sanction the assistance up to
a maximum of 50% of the total fund available in the
scheme during the first year subject to other
conditions."
In view of insertion of paragraph 5A, the benefits of the Kerala
Co-operative Deposit Guarantee Scheme, 2018 can be availed
by the Co-operative Societies / Banks involved in these writ
petitions though such Societies / Banks are not under
liquidation or are not defunct.
10. In view of the Kerala Co-operative Revival Scheme,
2024 and in view of the amendment made to the Kerala
Co-operative Deposit Guarantee Scheme, 2018, I am of the
view that the Co-operative Societies / Banks concerned in
these writ petitions, can avail the benefit of the Schemes in
and connected cases 2024:KER:73697
order to discharge their liability towards the petitioners in these
writ petitions.
11. These writ petitions are accordingly disposed of with
the following directions:-
(i) The Co-operative Societies / Banks in
these writ petitions are directed to prepare a
project document for revival under the Kerala
Co-operative Revival Fund Scheme, 2024 and
submit the same to the State High Level
Committee through the Registrar with a
recommendation from the District Level
Monitoring Committee. The Co-operative
Societies / Banks shall submit such Scheme
within a period of six weeks from today.
(ii) The Scheme along with the
recommendation of the District Level
Monitoring Committee should be forwarded to
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the State High Level Committee through the
Registrar within a further period of four weeks.
The State High Level Committee shall
scrutinise and process the Applications and
make necessary recommendation for
sanctioning of the amount in specified
conditions.
(iii) The Societies / Banks are further directed
to make a proposal / Scheme for availing funds
under the Kerala Co-operative Deposit
Guarantee Scheme, 2018 in accordance with
the provisions of the revised Regulations /
Scheme under G.O.(P) No.175/2024/Co-op
dated 03.09.2024. Such proposal shall be
made within a period of six weeks.
(iv) In the meanwhile, the Societies / Banks /
Administrators / Administrative Committees will
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be at liberty to recover the amounts otherwise
due to the Banks through the ordinary means
under the Kerala Co-operative Societies Act,
1969 and the Societies will be at liberty to
repay the Fixed Deposits / Savings Bank
Deposits to the petitioners as per the priorities
followed by the Societies.
Sd/-
N. NAGARESH
JUDGE
AMR
and connected cases 2024:KER:73697
APPENDIX OF WP(C) 28946/2024
PETITIONER'S EXHIBITS
Exhibit P1 TRUE COPY OF THE FIXED DEPOSIT NO 17961
DATED 24/11/2023 AND DUE ON 24/5/2024.
Exhibit 2 TRUE COPY OF THE PETITION BEFORE THE
RESPONDENTS 2 AND 3.
Exhibit P3 TRUE COPY OF THE CLAIM PETITION DATED
27/5/2024.
and connected cases 2024:KER:73697
APPENDIX OF WP(C) 28979/2024
PETITIONER'S EXHIBITS
Exhibit P1 TRUE COPY OF THE FIXED DEPOSIT RECEIPT
NO.17862.
Exhibit P2 TRUE COPY OF THE PASS BOOK.
Exhibit P3 TRUE COPY OF THE PETITION MADE BEFORE
THE 2ND AND 3RD RESPONDENTS.
Exhibit P4 TRUE COPY OF THE CLAIM PETITION DATED
27/5/2024.
and connected cases 2024:KER:73697
APPENDIX OF WP(C) 29225/2024
PETITIONERS' EXHIBITS
Exhibit P1 TRUE COPY OF THE ORIGINAL FIXED DEPOSIT
RECEIPT NO.11982 DATED 28-11-2011.
Exhibit P2 TRUE COPY OF THE ORIGINAL DEPOSIT
RECEIPT NO.16004 DATED 27-10-2016.
Exhibit P3 TRUE COPY OF THE PETITION MADE BEFORE
THE 2ND RESPONDENT.
Exhibit P4 TRUE COPY OF THE CLAIM PETITION DATED
27/5/2024.
and connected cases 2024:KER:73697
APPENDIX OF WP(C) 29276/2024
PETITIONERS' EXHIBITS
Exhibit P1 TRUE COPY OF THE ORIGINAL FIXED DEPOSIT
RECEIPT 14801 DATED 19-12-2014.
Exhibit P2 TRUE COPY OF THE ORIGINAL DEPOSIT
RECEIPT 14806 DATED19-12-2014.
Exhibit P3 TRUE COPY OF THE ORIGINAL DEPOSIT
RECEIPT NO 14808 DATED19-12-2014.
Exhibit P4 TRUE COPY OF THE ORIGINAL DEPOSIT
RECEIPT NO 14805 DATED 19-12-2014.
Exhibit P5 TRUE COPY OF THE ORIGINAL DEPOSIT
RECEIPT NO 7256 DATED 22-1-2020.
Exhibit P6 TRUE COPY OF THE ORIGINAL DEPOSIT
RECEIPT 14149 DATED 22-02-2014.
Exhibit P7 TRUE COPY OF THE ORIGINAL DEPOSIT 14343
RECEIPT DATED 21-05-2014.
Exhibit P8 TRUE COPY OF THE ORIGINAL DEPOSIT
RECEIPT NO 14473 DATED 19-07-2014.
Exhibit P9 TRUE COPY OF THE ORIGINAL DEPOSIT
RECEIPT NO 14484 DATED 23-07-2014.
Exhibit P10 TRUE COPY OF THE ORIGINAL DEPOSIT
RECEIPT NO 17246 DATED 9-01-2020
Exhibit P11 TRUE COPY OF THE ORIGINAL DEPOSIT
RECEIPT NO 17415 DATED 9-09-2020.
Exhibit P12 TRUE COPY OF THE ORIGINAL DEPOSIT
RECEIPT NO 17456 DATED 15-10-2020.
and connected cases 2024:KER:73697
Exhibit P13 TRUE COPY OF THE ORIGINAL DEPOSIT
RECEIPT N 14275 DATED 23-04-2014.
Exhibit P14 TRUE COPY OF THE ORIGINAL DEPOSIT
RECEIPT NO 14812 DATED 19-12-2014.
Exhibit P15 TRUE COPY OF THE ORIGINAL DEPOSIT
RECEIPT NO 15300 DATED 04-09-2015.
Exhibit P16 TRUE COPY OF THE ORIGINAL DEPOSIT
RECEIPT NO 15301 DATED 04-09-2015.
Exhibit P17 TRUE COPY OF THE ORIGINAL DEPOSIT
RECEIPT NO 15500 DATED 05-01-2016.
Exhibit P18 TRUE COPY OF THE ORIGINAL DEPOSIT
RECEIPT NO 17899 DATED 22-07-2022.
Exhibit P19 TRUE COPY OF THE PETITION MADE BEFORE
THE 2ND RESPONDENT.
Exhibit P20 TRUE COPY OF THE CLAIM PETITION DATED
27/5/2024.
and connected cases 2024:KER:73697
APPENDIX OF WP(C) 29316/2024
PETITIONERS' EXHIBITS
Exhibit P1 TRUE COPY OF THE ORIGINAL FIXED DEPOSIT
RECEIPT NO 17933 DATED 24-08-2023.
Exhibit P2 TRUE COPY OF THE ORIGINAL FIXED DEPOSIT
RECEIPT NO 17934 DATED 24-08-2023.
Exhibit P3 TRUE COPY OF THE PETITION BEFORE THE
2ND RESPONDENT.
Exhibit P4 TRUE COPY OF THE CLAIM PETITION DATED
27/5/2024.
and connected cases 2024:KER:73697
APPENDIX OF WP(C) 29359/2024
PETITIONER'S EXHIBITS
Exhibit P1 TRUE COPY OF THE FIXED DEPOSIT RECEIPT
NO 16861.
Exhibit P2 TRUE COPY OF THE PETITION BEFORE THE
2ND & 3RD RESPONDENT.
Exhibit P3 TRUE COPY OF THE CLAIM PETITION DATED
27/5/2024.
and connected cases 2024:KER:73697
APPENDIX OF WP(C) 29375/2024
PETITIONERS' EXHIBITS
Exhibit P1 TRUE COPY OF THE ORIGINAL FIXED DEPOSIT
RECEIPTNO 16224 DATED 27-05-2017.
Exhibit P2 TRUE COPY OF THE ORIGINAL FIXED DEPOSIT
RECEIPT NO 17477 DATED 28-10-2020.
Exhibit P3 TRUE COPY OF THE ORIGINAL DEPOSIT
RECEIPT NO 17959 DATED 13-11-2023.
Exhibit P4 TRUE COPY OF THE PETITION MADE BEFORE
THE 2ND AND 3RD RESPONDENT.
Exhibit P5 TRUE COPY OF THE CLAIM PETITION DATED
27/5/2024.
