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Kerala High Court
K.R. Mohanan vs Assistant Registrar Of Co-Operative ... on 10 December, 2025
2025:KER:95760
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE GOPINATH P.
WEDNESDAY, THE 10TH DAY OF DECEMBER 2025 / 19TH
AGRAHAYANA, 1947
WP(C) NO. 44008 OF 2025
PETITIONERS:
1 K.R. MOHANAN
AGED 79 YEARS
KUMBALATH HOUSE, KOTTUVALLIKKAD,
MOOTHAKUNNAM P.O, ERNAKULAM DISTRICT,
PIN - 683 516.
2 SIDHARTHAN V.K.
AGED 66 YEARS, S/O.KANDARI
VILLYIL HOUSE, CHERAI P.O, ERNAKULAM DISTRICT,
PIN - 683 514.
BY ADVS.
SRI.M.M.MONAYE
SRI.M.PAUL VARGHESE
SRI.K.V.SANOSH
RESPONDENTS:
1 ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES
(GENERAL)
OFFICE OF THE ASSISTANT REGISTRAR OF
CO- OPERATIVE SOCIETIES, COCHIN, PIN - 682 001.
2 BRANCH MANAGER
KERALA STATE CO OPERATIVE BANK LTD,
KUZHUPPILLY, AYYAMPILLY.P.O,
ERNAKULAM DISTRICT, PIN - 682 501.
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WP(C) NO. 44008 OF 2025
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3 VYPIN-PARUR MOTOR TRANSPORT THOZHILALI
CO-OPERATIVE SOCIETY LTD NO. E878
REPRESENTED BY ADMINISTRATOR,
THE ASSISTANT REGISTRAR OF CO-OPERATIVE
SOCIETIES, CHERAI P.O., ERNAKULAM,
PIN - 683 514.
4 KERALA STATE CO-OPERATIVE BANK LTD
REPERESENTED BY MANAGING DIRECTOR, PALAYAM,
THIRUVANANTHAPURAM, PIN - 695 033.
BY ADVS
SMT.K.AMMINIKUTTY (FOR R2)
SMT. SILPA N.P (GP)
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 01.12.2025, THE COURT ON 10.12.2025
DELIVERED THE FOLLOWING:
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WP(C) NO. 44008 OF 2025
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JUDGMENT
The petitioners are erstwhile members of the
Managing Committee of Vypin - Parur Motor Transport
Thozhilali Co-operative Society Ltd. The petitioners
have approached this Court being aggrieved by the fact
that they have been issued with Exts.P3 and P4 notices
by the Kerala State Co-operative Bank. While Ext.P3 is a
notice issued to the 1st petitioner informing him that
revenue recovery proceedings may be initiated to
recover amounts due under Exts.P1 and P2 awards,
Ext.P4 is a notice issued to the 2nd petitioner regarding
the availability of a One Time Settlement scheme.
2. The learned counsel appearing for the
petitioners would submit that Exts.P1 and P2 awards
permit recovery only against the 3rd respondent Society.
It is submitted that the petitioners, as Board members of
the 3rd respondent-Society, have no personal liability,
and that they have not executed any bond or other
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document making them personally liable for the debts of
the 3rd respondent-Society. It is submitted that the
communications issued to the petitioners, suggesting
that they are personally liable for the debts of the
Society, cannot be sustained in law.
3. The learned counsel appearing for the State
Co-operative Bank submits that Ext.P3 notice is only a
notice informing the 1st petitioner that revenue recovery
proceedings might be initiated to recover the amounts
due in terms of Exts.P1 and P2 awards, and Ext.P4 is a
notice issued to the 2nd petitioner informing him of the
availability of the One Time Settlement Scheme. It is
submitted that if the petitioners have any objection
against the notices, it is open to them to raise such
objections before the bank, and the same will be
considered in accordance with the law. It is submitted
that the petitioners have not made out any case
presently for interference with Exts.P3 and P4.
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4. Having heard the learned counsel appearing for
the petitioners and the learned counsel appearing for
the State Co-operative Bank and having perused Exts.P1
and P2 awards, I am convinced that there is
considerable merit in the contention taken by the
learned counsel appearing for the petitioners that the
petitioners cannot be made liable for payment of the
amounts due under Exts.P1 and P2 awards. In terms of
Exts.P1 and P2 awards, the State Co-operative Bank has
been permitted to recover the amounts from the
3rd respondent Society. However, no personal liability
has been fastened on the petitioners. That apart, as
members of the erstwhile Managing Committee of the
3rd respondent Society, the petitioners have no personal
liability for the debts of the 3rd respondent Society.
Therefore, I am inclined to allow the writ petition.
5. Accordingly, this writ petition is allowed. It is
declared that the petitioners have no personal
responsibility to discharge the liability of the
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3rd respondent in terms of Exts.P1 and P2 awards. The
petitioners shall not be proceeded against personally for
recovering any amount due under Exts.P1 and P2
awards.
The writ petition is ordered accordingly.
Sd/-
GOPINATH P.
JUDGE
ats
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WP(C) NO. 44008 OF 2025
APPENDIX OF WP(C) NO. 44008 OF 2025
PETITIONERS' EXHIBITS
Exhibit P1 TRUE COPY THE AWARD IN ARC NOS.
430/2021 DATED 20.07.2022 ISSUED BY
ASST. REGISTRAR/ARBITRATOR TO KERALA
STATE CO-OPERATIVE BANK.
Exhibit P2 TRUE COPY THE AWARD IN ARC NOS.
432/2021 DATED 20.07.2022 ISSUED BY
ASST. REGISTRAR/ARBITRATOR TO KERALA
STATE CO-OPERATIVE BANK.
Exhibit P3 TRUE COPY OF THE NOTICE ISSUED BY 2ND
RESPONDENT TO THE 1ST PETITIONER
MOHANAN DATED 03.11.2025.
Exhibit P4 TRUE COPY OF THE NOTICE ISSUED BY 2ND
RESPONDENT TO THE 2ND PETITIONER
SIDDHARTHAN DATED 05.11.2025.
Exhibit P5 TRUE COPY OF THE REPRESENTATION BY 1ST
PETITIONER MOHANAN TO THE BANK DATED
17.11.2025.
Exhibit P6 TRUE COPY OF THE REPRESENTATION OF THE
2ND PETITIONER SIDDHARTHAN TO THE BANK
DATED 17.11.2025.
