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Kerala High Court

Jisha Pillai vs State Of Kerala on 15 December, 2025

                                                   2025:KER:96406

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                               PRESENT

               THE HONOURABLE MR. JUSTICE GOPINATH P.

  MONDAY, THE 15TH DAY OF DECEMBER 2025/24TH AGRAHAYANA, 1947

                        WP(C) NO. 747 OF 2025

PETITIONERS:

    1     JISHA PILLAI
          AGED 42 YEARS, W/O PRAVEENKUMAR A,
          ARACKAL HOUSE, RAMAMANGALAM, KEEZHILLOM P O,
          PATHANAMTHITTA, PIN - 683 541.

    2     LOUIS K ABRAHAM
          AGED 68 YEARS, S/O K M ABRAHAM,
          KADAMPALLATHU SIJU VILLA PANDANAD WEST,
          PANDANAD PART, ALAPUZHA, PIN - 689 506.

    3     MATHEW V M
          AGED 75 YEARS, S/O YOHANNAN,
          VENATTETHU HOUSE, PANDANADU.P.O, KEEZHVANMAZHI,
          ALAPUZHA, PIN - 689 506.

    4     NARAYANAPILLAI
          AGED 83 YEARS, S/O GOPALAPILLAIVELIYATHU, VANMAZHY,
          PANDANAD P O, CHENGANNOOR, ALAPUZHA, PIN - 689 506.

    5     RAJAMMA PILLAI
          AGED 70 YEARS, W/O GOPALAPILLAI,
          VELIYATHU, VANMAZHY, PANDANAD PO, CHENGANNOOR,
          ALAPUZHA, PIN - 689 506.

    6     SADASIVANPILLAI A K
          AGED 65 YEARS, S/O G KRISHNAPILLAI,
          ALATHIL HOUSE, VANMAZHI, VTC, PANDANAD PART, PANDANAD
          PO, CHENGANNOOR, ALAPUZHA,
          PIN - 689 506.

    7     VALSALAKUMARI
          AGED 65 YEARS, W/O CHANDRAN PILLAI,
          LIJU BHAVAN, VANMAZHY, PANDANAD P O, CHENGANNOOR,
          ALPUZHA, PIN - 689 506.

          BY ADVS.
                     SRI.FRANKLIN ARACKAL
                     SRI.I.J.AUGUSTINE
                     KUM.NEETHU SOMAN
                                                      2025:KER:96406
WP(C) NO. 747 OF 2025
                                   2


RESPONDENTS:

    1       STATE OF KERALA
            REPRESENTED BY THE SECRETARY TO GOVERNMENT DEPARTMENT
            OF CO OPERATION, SECRETARIAT, THIRUVANANTHAPURAM,
            PIN - 695 001.

    2       THE REGISTRAR OF CO OPERATIVE SOCIETIES
            JAWAHAR SHANKARANA BHAVAN, DPI JUNCTION,
            THYCAUD P O, THIRUVANANTHAPURAM, PIN - 695 014.

    3       THE JOINT REGISTRAR OF CO OPERATIVE SOCIETIES
            (GENERAL)
            PECHIANKALAMMAN COVIL TRUST BUILDING, MULLACKAL,
            ALLEPPY, PIN - 688 011.

    4       THE ASSISTANT REGISTRAR OF CO OPERATIVE SOCIETIES
            (GENERAL)
            OFFICE OF THE ASSISTANT REGISTRAR OF CO OPERATIVE
            SOCIETIES, MINI CIVIL STATION, CHENGANNOOR P O,
            ALAPPUZHA, PIN - 689 121.

    5       PANDANAD SERVICE CO OPERATIVE BANK LTD NO.A 42
            PANDANAD P O, ALAPUZHA DT,
            REPRESENTED BY IT'S SECRETARY, PIN - 689 506.

    6       THE BOARD OF DIRECTORS
            PANDANAD SERVICE CO OPERATIVE BANK LTD NO.A 42,
            PANDANAD P O, ALAPUZHA DT,
            REPRESENTED BY IT'S PRESIDENT, PIN - 689 506.

            BY ADVS.
                       SRI.JACOB P.ALEX   (FOR R5 & R6)
                       SRI.JOSEPH P.ALEX (FOR R5 & R6)
                       SRI.MANU SANKAR P. (FOR R5 & R6)
                       SRI.AMAL AMIR ALI (FOR R5 & R6)
                       SMT. C.S.SHEEJA (GP)



        THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
27.11.2025, THE COURT ON 15.12.2025 DELIVERED THE FOLLOWING:
                                                2025:KER:96406
WP(C) NO. 747 OF 2025
                               3


                           JUDGMENT

This writ petition has been filed being aggrieved by the

fact that fixed deposits maintained by the petitioners with

the 5th respondent bank are not being repaid despite the

fact that the deposits have already matured. It is also the

case of the petitioners that several of them have credit

balances in their savings bank accounts, and the said

amounts are also not being permitted to be withdrawn.

2. The learned counsel appearing for the

5th respondent bank submits that the bank is in dire

financial straits. It is submitted that the liability of the

5th respondent bank under fixed deposits etc. would be in

excess of Rs.10 crores, whereas the receivables on account

of loans advanced by the 5th respondent bank are only

approximately Rs.75 lakhs. It is also submitted that the

5th respondent bank is presently working with only two

employees, namely the Secretary and a clerical staff. It is

also submitted that the salary of the Secretary and the

clerical staff is not being regularly paid.

2025:KER:96406 WP(C) NO. 747 OF 2025

3. Heard the learned Government Pleader appearing

for the respondents 1 to 4 also.

4. Having heard the learned counsel appearing for

the petitioners, the learned Government Pleader appearing

for respondents 1 to 4, and the learned counsel appearing

for respondents 5 & 6, I am of the view that, in the facts

and circumstances noticed above, this is a fit case where

winding up proceedings must be initiated by the competent

authority, as no purpose will be served by permitting the

5th respondent bank to continue its operations when its

receivables are approximately Rs.75 lakhs and liabilities

are in excess of Rs.10 crores.

5. Section 71 of the Kerala Co-operative Societies,

1969 (hereinafter referred to as the 'Act'), deals with the

winding up of Societies. A reading of sub-section (2) of

Section 71 of the Act indicates that it is open to the

Registrar suo motu, by order in writing, direct the winding

up of the Society if the circumstances set out in

Section 71(2)(a), (b) or (c) are satisfied. In the fact 2025:KER:96406 WP(C) NO. 747 OF 2025

situation noticed above, it is clear that the Society has

ceased to work, and therefore, the condition specified in

Section 71(2)(b) of the Act has been satisfied.

6. Accordingly, this writ petition will stand disposed

of, directing the 2nd respondent to take a decision

regarding the winding up of the 5 th respondent Society in

accordance with the law within a period of two months

from the date of receipt of a certified copy of this

judgment. While issuing the aforesaid direction, I also take

note of the findings of this Court in the judgment dated

20.12.2021 in W.P(C) No.13474 of 2020 and the findings of

the Division Bench in the judgment in W.A.No.148 of 2022

affirming the findings of the learned Single Judge of this

Court in the judgment in W.P(C) No.13474 of 2020.

The writ petition is disposed of as above.

Sd/-

GOPINATH P. JUDGE ats 2025:KER:96406 WP(C) NO. 747 OF 2025

APPENDIX OF WP(C) NO. 747 OF 2025

PETITIONERS' EXHIBITS

Exhibit P1 A TRUE COPY OF THE FD RECEIPT NO.275 DATED 8/12/2023.

DATED 25/10/2022 FOR AN AMOUNT OF RS.1,00,000/-.

Exhibit P2(a) A TRUE COPY OF THE FD RECEIPT NO. 148 DATED 1/7/2022 FOR AN AMOUNT OF RS.1,00,000/-.

Exhibit P2(b) A TRUE COPY OF THE RELEVANT PAGES OF THE PASSBOOK SAID SB ACCOUNT OF THE PETITIONER SHOWING BALANCE AMOUNT OF RS.91,257/- AS ON 5/4/2024.

Exhibit P3 A TRUE COPY OF THE FD RECEIPT NO.

NO.21984 DATED 25/6/2021 FOR AN AMOUNT OF RS.3,00,000/-.

Exhibit P3(a) A TRUE COPY OF THE FD RECEIPT NO.

NO.21983 DATED 25/6/2021 FOR AN AMOUNT OF RS.2,00,000/-.

Exhibit P3(b) A TRUE COPY OF THE RELEVANT PAGES OF THE PASSBOOK SAID SB ACCOUNT NO.5193 OF THE PETITIONER SHOWING BALANCE.

Exhibit P4 A TRUE COPY OF THE RELEVANT PAGES OF THE PASSBOOK OF SAID SB ACCOUNT 2784 OF THE PETITIONER NO.4 & 5 SHOWING BALANCE AMOUNT OF RS.5,76,033/- AS ON 4/10/2024.

Exhibit P4(a) A TRUE COPY OF THE FD RECEIPT NO. 20259 DATED 3/10/2013 FOR AN AMOUNT OF RS.1,00,000/-.

2025:KER:96406 WP(C) NO. 747 OF 2025

Exhibit P4(b) A TRUE COPY OF THE FD RECEIPT NO. 21302 DATED 5//4/2018 FOR AN AMOUNT OF RS.3,00,000/-.

Exhibit P5 A TRUE COPY OF THE FD RECEIPT NO. 21361 DATED 26/6/2018 FOR AN AMOUNT OF RS.2,00,000/-.

Exhibit P5(a) A TRUE COPY OF THE FD RECEIPT NO. 21887 DATED 20/11/2020 FOR AN AMOUNT OF RS.2,00,000/-.


Exhibit P5(b)    A TRUE COPY OF THE FD RECEIPT NO. 70767
                 DATED   8/1/2016  FOR  AN    AMOUNT  OF
                 RS.2,00,000/-.

Exhibit P6       A TRUE COPY OF THE RELEVANT PAGES OF THE

SB ACCOUNT NO.2616 REFLECTING A DEPOSIT OF RS.2,20,495/-.

Exhibit P7 A TRUE COPY OF THE RELEVANT PAGES OF THE SAID SB ACCOUNT NO.4976 REFLECTING A DEPOSIT OF RS. RS.2,16,987/-.

Exhibit P9 A TRUE COPY OF THE RELEVANT PAGES OF THE SAID JUDGMENT DATED 11/9/2024 WP(C ) 8706/2020 & CONNECTED CASES.

Exhibit P10 A TRUE COPY OF THE JUDGMENT DATED 12/11/2024 IN WP(C ) 39952/2024.

Exhibit P11 A TRUE COPY OF THE UNDATED STATEMENT PREPARED BY THE PETITIONERS.

Exhibit P12 A TRUE COPY OF THE CHEQUE BEARING NO.48379 DATED 11/6/2024 WITH THE ENDORSEMENT OF THE 5TH RESPONDENT 2025:KER:96406 WP(C) NO. 747 OF 2025

RESPONDENT'S EXHIBITS

Exhibit R5(a) TRUE COPY OF THE LETTER DATED 22-11-2024 SUBMITTED BEFORE THE KERALA CO-OPERATIVE DEPOSIT GUARANTEE FUND BOARD SEEKING FINANCIAL ASSISTANCE.

Exhibit R5(b) TRUE COPY OF THE REPRESENTATION (WITHOUT ANNEXURES) DATED 28-11-2024 SUBMITTED BEFORE THE 4TH RESPONDENT REQUESTING TO INCLUDE THE 5TH RESPONDENT IN THE REVIVAL SCHEME.