Kerala High Court
Bijin Joseph vs Registrar Of Co-Operative Societies on 19 February, 2025
2025:KER:14814
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE VIJU ABRAHAM
WEDNESDAY, THE 19TH DAY OF FEBRUARY 2025 / 30TH MAGHA, 1946
WP(C) NO. 32620 OF 2022
PETITIONER:
VASANTHIYAMMA N K
AGED 70 YEARS
W/O.LATE RAJASEKHARAN NAIR, SREEVIHAR,
THOTTABHAGOM.P.O, PATHANAMTHITTA-689541.
BY ADVS.
SINDHU SANTHALINGAM
A.D.SHAJAN
RESPONDENTS:
1 THE REGISTRAR OF CO-OPERATIVE SOCIETIES
JAWAHAR SAHAKARANA BHAVAN, THYCAUD.P.O, -695014,
THIRUVANANTHAPURAM.
2 JOINT REGISTRAR,
O/O THE REGISTRAR OF CO-OPERATIVE SOCIETIES, JAWAHAR
SAHAKARANA BHAVAN, THYCAUD.P.O, -695014,
THIRUVANANTHAPURAM.
3 THE ASSISTANT REGISTRAR,
O/O THE ASSISTANT REGISTRAR OF CO-OPERATIVE BANK
(GENERAL), THIRUVALLA-689541, PATHANAMTHITTA DISTRICT.
4 KAVIYOOR SERVICE CO-OPERATIVE SOCIETIES BANK LTD.A 707,
KAVIYOOR, THOTTABHAGAM BRANCH, THIRUVALLA-689541,
REPRESENTED BY ITS BRANCH MANAGER.
GP- RIYAL DEVASSY
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
19.02.2025, ALONG WITH WP(C).32624/2022, 32646/2022, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) Nos. 32620, 32624 & 32646 of 2022 :2:
2025:KER:14814
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE VIJU ABRAHAM
WEDNESDAY, THE 19TH DAY OF FEBRUARY 2025 / 30TH MAGHA, 1946
WP(C) NO. 32624 OF 2022
PETITIONER:
BIJIN JOSEPH
AGED 32 YEARS
S/O.BIJO JOSEPH, WATTASSEERIL HOUSE, THIRUVALLA.P.O,
PATHANAMTHITTA-689105.
BY ADV SINDHU SANTHALINGAM
RESPONDENTS:
1 REGISTRAR OF CO-OPERATIVE SOCIETIES
JAWAHAR SAHAKARANA BHAVAN, THYCAUD.P.O, -695014,
THIRUVANANTHAPURAM.
2 JOINT REGISTRAR,
O/O THE REGISTRAR OF CO-OPERATIVE SOCIETIES, JAWAHAR
SAHAKARANA BHAVAN, THYCAUD.P.O,-695014,
THIRUVANANTHAPURAM.
3 THE ASSISTANT REGISTRAR,
O/O THE ASSISTANT REGISTRAR OF CO-OPERATIVE BANK
(GENERAL), THIRUVALLA-689541, PATHANAMTHITTA
DISTRICT.
4 KAVIYOOR SERVICE CO-OPERATIVE SOCIETIES BANK LTD.A
707,
KAVIYOOR, THOTTABHAGAM BRANCH, THIRUVALLA-689541,
REPRESENTED BY ITS BRANCH MANAGER.
BY GP - RIYAL DEVASSY
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
19.02.2025, ALONG WITH WP(C) Nos.32620/2022 AND 32646/2022, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) Nos. 32620, 32624 & 32646 of 2022 :3:
2025:KER:14814
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE VIJU ABRAHAM
WEDNESDAY, THE 19TH DAY OF FEBRUARY 2025 / 30TH MAGHA, 1946
WP(C) NO. 32646 OF 2022
PETITIONER:
LOVELY R NAIR
AGED 40 YEARS
W/O. AJITHKUMAR, THOTTABHAGOM P.O., THIRUVALLA,
PATHANAMTHITTA-689 541
BY ADVS.
SINDHU SANTHALINGAM
A.D.SHAJAN
RESPONDENTS:
1 REGISTRAR OF COOPERATIVE SOCIETIES
JAWAHAR SAHAKARANA BHAVAN, THYVAUD P.O,.-695 014,
THIRUVANANTHAPURAM
2 JOINT REGISTRAR,
O/O. THE REGISTRAR OF CO-OPERATIVE SOCIETIES, JAWAHAR
SAHAKARANA BHAVAN, THYVAUD P.O,.-695 014,
THIRUVANANTHAPURAM
3 ASSISTANT REGISTRAR,
O/O. THE ASSISTANT REGISTRAR OF CO-OPERATIVE BANK
9GENERAL) THIRUVALLA-689 541, PATHANAMTHITTA DISTRICT.
4 KAVIYOOR SERVICE CO-OPERATIVE SOCIETIES BANK LTD.A707,
KAVIYOOR, THOTTABHAGOM BRANCH, THIRUVALLA-689 541,
REPRESENTED BY ITS BRANCH MANAGER.
BY GP - RIYAL DEVASSY
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
19.02.2025, ALONG WITH WP© Nos.32620/2022 AND 32624, THE COURT ON THE
SAME DAY DELIVERED THE FOLLOWING:
WP(C) Nos. 32620, 32624 & 32646 of 2022 :4:
2025:KER:14814
VIJU ABRAHAM , J.
===========================
WP(C) Nos. 32620, 32624 & 32646 of 2022
============================
Dated this the 19th day of February, 2025
JUDGMENT
Petitioners have approached this Court seeking to quash Ext.P1
demand notice issued by the 4 th respondent Bank. Petitioners have also
sought for payment of the amount in equal monthly instalments.
2. The learned Counsel for the petitioners submits that an interim
order was granted by this Court on condition of payment of Rs.3 lakhs,
which has been duly complied by the petitioners.
Since the only request of the petitioners is to pay the amount in equal
monthly instalments, I am inclined to dispose of the writ petition as
follows:-
Petitioners shall make necessary request in this regard before the
respondent Bank within a period of three weeks from the date of receipt of
a copy of this judgment. If such a request is received the respondent Bank
shall take a decision on the same in accordance with law, within a period of
one month thereafter, after affording an opportunity of being heard to the
petitioners. Till a decision is taken as directed above, all further proceedings
for recovery of the amount due from the petitioners shall be kept in
abeyance.
Sd/-
VIJU ABRAHAM
JUDGE
sbk/-
2025:KER:14814
APPENDIX OF WP(C) 32624/2022
PETITIONER EXHIBITS
Exhibit P1 A TRUE COPY OF THE DEMAND NOTICE
DTD.9/5/2022 ISSUED BY THE 4TH RESPONDENT
BANK.
Exhibit P2 A TRUE COPY OF THE DEMAND NOTICE
DTD.9/5/2022 ISSUED BY THE 4TH RESPONDENT
BANK.
2025:KER:14814
APPENDIX OF WP(C) 32646/2022
PETITIONER EXHIBITS
Exhibit P1 A TRUE COPY OF THE DEMAND NOTICE DTD
7.7.2022 ISSUED BY THE 4TH RESPONDENT BANK
Exhibit P2 A TRUE COPY OF THE AUCTION NOTICE DTD.
5/1/2024 ISSUED BY THE 3RD RESPONDENT TO
THE APPLICANT/PETITIONER
2025:KER:14814
APPENDIX OF WP(C) 32620/2022
PETITIONER EXHIBITS
Exhibit P1 A TRUE COPY OF THE DEMAND NOTICE
DTD.18/5/2022 ISSUED BY THE 4TH RESPONDENT
BANK.
Exhibit P2 A TRUE COPY OF THE AUCTION NOTICE DTD.
5/1/2024 ISSUED BY THE 3RD RESPONDENT TO
THE APPLICANT/PETITIONER
