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Kerala High Court
James vs State Of Kerala on 1 December, 2025
2025:KER:92526
WP(C) NO. 32831 OF 2025 1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE GOPINATH P.
MONDAY, THE 1ST DAY OF DECEMBER 2025 / 10TH AGRAHAYANA, 1947
WP(C) NO. 32831 OF 2025
PETITIONER/S:
JAMES
AGED 60 YEARS
S/O KURIAKOSE, PATHAPARAMBIL VEEDU,THAZHATHU
VADAKARA P.O., VELLAVOOR VILLAGE,CHANGANASSERY
TALUK, KOTTAYAM DISTRICT, PIN - 686541
BY ADVS.
SRI.R.SURAJ KUMAR
SHRI.NITHESH KUMAR A.N
SMT.N.G.SINDHU
RESPONDENT/S:
1 STATE OF KERALA
REPRESENTED BY THE SECRETARY TO GOVERNMENT OF
KERALA, DEPARTMENT OF CO-OPERATION, GOVERNMENT
SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001
2 THE REGISTRAR OF CO-OPERATIVE SOCIETIES
JAWAHAR CO-OPERATIVE BHAVAN, D.P.I.JUNCTION,
THIRUVANANTHAPURAM, PIN - 695014
3 THE ASSISTANT REGISTRAR (GENERAL) OF CO-OPERATIVE
SOCIETIES
OFFICE OF THE ASSISTANT REGISTRAR, TALUK
OFFICE,CHANGANASERY P.O. KOTTAYAM DISTRICT, PIN -
686101
4 CHANGANASSERY TALUK
CO-OPERATIVE AGRICULTURAL DEVELOPMENT BANK LTD 1119
KARUKACHAL, REPRESENTED BY ITS SECRETARY KARUKACHAL
P.O, KOTTAYAM DISTRICT, PIN - 686516
2025:KER:92526
WP(C) NO. 32831 OF 2025 2
5 THE SPECIAL SALE OFFICER
CHANGANASSERY TALUK CO-OPERATIVE AGRICULTURAL
DEVELOPMENT BANK LTD 1119 KARUKACHAL, REPRESENTED
BY ITS SECRETARY KARUKACHAL P.O, KOTTAYAM DISTRICT,
PIN - 686516
BY ADV SRI.V.N.SASIDHARAN
OTHER PRESENT:
SMT. RESMI THOMAS (GP)
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 25.11.2025 AND HAVING BEEN FINALLY HEARD ON 01.12.2025,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
2025:KER:92526
WP(C) NO. 32831 OF 2025 3
JUDGMENT
This writ petition has been filed challenging Ext.P4 dismissing
Exts.P2 and P3 petitions filed by the petitioner for adjudication of a
dispute with the 4th respondent bank under Section 69 of the Kerala Co-
operative Societies Act, 1969 (hereinafter referred to as the 1969 Act).
It is the case of the petitioner that Exts.P2 and P3 petitions are rejected
on account of the stipulations contained in circular No.12/2025 issued
by the Registrar of Co-operative Societies. It is submitted that, since
the dispute between the petitioner and the 4th respondent bank is a
monetary dispute, the same can be adjudicated in terms of the
provisions contained in Section 69 of the 1969 Act.
2. The learned Government Pleader submits that after
the issuance of circular No.12/2025, the Registrar of Co-operative
Societies has issued a communication dated 01.11.2025 clarifying that
disputes raised by borrowers can also be adjudicated in terms of the
provisions contained in Section 69 of the 1969 Act.
3. The learned counsel appearing for the 4th respondent
bank submits that three separate loans have been availed by the
petitioner and the total overdue amount as on 21.11.2025 is
Rs.37,97,682/-. It is submitted that there has been practically no
2025:KER:92526
repayment of the loan account, after the year 2021. It is submitted that
the petitioner cannot have any dispute as the amount sought to be
recovered from the petitioner is strictly in terms of the agreement
between the parties. In other words, it is the submission of the learned
counsel for the 4th respondent bank that there is no dispute capable of
being adjudicated in terms of the provisions contained in Section 69 of
the 1969 Act.
4. The learned counsel appearing for the petitioner
submits that the petitioner is disputing the interest charged on the loan
accounts and that dispute has to be adjudicated in terms of the
provisions contained in Section 69 of the 1969 Act.
5. Having heard the learned counsel appearing for the
petitioner, the learned Government Pleader appearing for the official
respondents and the learned counsel appearing for the 4 th respondent
bank, I am of the view that the learned counsel for the petitioner is right
in contending that Exts.P2 and P3 can be adjudicated in terms of the
provisions contained in Section 69 of the 1969 Act especially taking
note of the fact that Ext.P5 circular has been clarified by the
communication dated 01.11.2025 issued by the Registrar of Co-
operative Societies. It is clear from a reading of the impugned order
(Ext.P4) that Exts.P2 and P3 petitions filed by the petitioner were
2025:KER:92526
rejected mainly on the ground that such disputes cannot be entertained
in terms of the stipulations contained in Ext.P5 circular. Since Ext.P5
has subsequently been clarified by the Registrar of Co-operative
Societies by issuing communication dated 01.11.2025, I am of the
opinion that the petitioner can get his dispute adjudicated in terms of
the provisions contained in Section 69 of the 1969 Act. However, since
it is stated that the dispute of the petitioner is regarding interest and
since the principal amount in all the loans availed by the petitioner is
Rs.20,59,347/-, I am of the opinion that the petitioner must be directed
to prove bona fides by depositing a sum of Rs.10 lakh towards the loan
liabilities especially taking note of the submission of the learned
counsel for the 4th respondent bank that no amount has been remitted
towards the loan liabilities after the year 2021.
6. Accordingly, this writ petition will stand disposed of
setting aside Ext.P4 and directing the 3 rd respondent to consider and
pass orders on Ext.P2 and P3 afresh, after affording an opportunity of
hearing to the petitioner and to a representative of the 4 th respondent
bank, within a period of three months from the date of receipt of a
certified copy of this judgment, provided the petitioner pays a sum of
Rs.10 lakh towards the loan liabilities, within a period of six weeks from
today. If the petitioner pays a sum of Rs.10 lakh towards the loan
2025:KER:92526
liabilities within a period of six weeks from today, further coercive steps
against the petitioner shall also remain suspended until Ext.P2 and P3
are decided by the 3rd respondent, in accordance with the law.
The writ petition is ordered accordingly.
sd/-
GOPINATH P.
JUDGE
acd
2025:KER:92526
APPENDIX OF WP(C) NO. 32831 OF 2025
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE NOTICE OF SALE DATED
23.05.2024 ISSUED BY THE 5TH RESPONDENT
Exhibit P2 TRUE COPY OF THE PETITION DATED
18.09.2024 SUBMITTED BY THE PETITIONER
AND HIS SON BEFORE THE 3RD RESPONDENT
Exhibit P3 TRUE COPY OF THE PETITION DATED
18.09.2024 SUBMITTED BY THE PETITIONER
AND HIS SON BEFORE THE 3RD RESPONDENT
Exhibit P4 TRUE COPY OF THE LETTER NO.SSO PCARDB
311/2025 DATED 25.04.2025 ISSUED BY THE
3RD RESPONDENT TO THE PETITIONER
Exhibit P-5 TRUE COPY OF THE CIRCULAR DATED
14.03.2025 ISSUED BY THE 2ND RESPONDENT
