Kerala High Court
P. Latha vs State Of Kerala on 28 January, 2025
Author: D. K. Singh
Bench: D. K. Singh
2025:KER:6623
WP(C) NOs. 31817 & 32277 OF 2024
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE D. K. SINGH
TUESDAY, THE 28TH DAY OF JANUARY 2025 / 8TH MAGHA, 1946
WP(C) NO. 31817 OF 2024
PETITIONER/S:
P. LATHA
AGED 65 YEARS
W/O SUBHASH, VILAKKUMTHARA VEEDU, THAZHAM MIDDLE,
CHATHANNOOR PO, KOLLAM DISTRICT., PIN - 691572
BY ADVS.
C.R.JAYAKUMAR
NOBEL RAJU
SANDRA SREEKUMAR
RESPONDENT/S:
1 STATE OF KERALA
REPRESENTED BY THE SECRETARY, DEPARTMENT OF CO-OPERATION,
GOVERNMENT SECRETARIATE, THIRUVANANTHAPURAM., PIN - 695001
2 THE JOINT REGISTRAR (GENERAL),
DEPARTMENT OF CO-OPERATIVE SOCIETIES, COLLECTORATE, CIVIL
STATION PO, KOLLAM DISTRICT., PIN - 691013
3 THE CHIEF EXECUTIVE OFFICER
THE KERALA STATE CO-OPERATIVE BANK, KERALA BANK BUILDING,
THIRUVANANTHAPURAM-AG PO, THIRUVANANTHAPURAM., PIN - 695001
4 THE LIQUIDATOR OF CHIRAKKARA-THAZHAM SERVICE CO-OPERATIVE
BANK LTD NO. 4286,
THE LIQUIDATION AND INSPECTOR OF CO-OPERATIVE SOCIETIES,
PARAVOOR UNIT, PARAVOOR PO, KOLLAM DISTRICT., PIN - 691301
5 THE CHIRAKKARA-THAZHAM SERVICE CO-OPERATIVE BANK LTD NO.
4286,
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WP(C) NOs. 31817 & 32277 OF 2024
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PARAVOOR PO, KOLLAM DISTRICT-691301 REPRESENTED BY THE
LIQUIDATOR, THE LIQUIDATION AND INSPECTOR OF CO-OPERATIVE
SOCIETIES, PARAVOOR UNIT, PARAVOOR PO, KOLLAM DISTRICT., PIN
- 691301
SMT. MARY BEENA JOSEPH-SR.GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
28.01.2025, ALONG WITH WP(C)32277/2024, THE COURT ON THE SAME DAY DELIVERED
THE FOLLOWING:
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WP(C) NOs. 31817 & 32277 OF 2024
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE D. K. SINGH
TUESDAY, THE 28TH DAY OF JANUARY 2025 / 8TH MAGHA, 1946
WP(C) NO. 32277 OF 2024
PETITIONER/S:
B.SUDEVAN
AGED 70 YEARS
S/O BHASKARAN, PUNNAVILA HOUSE, CHIRAKKARA-THAZHAM PO,
CHATHANNOOR, KOLLAM DISTRICT., PIN - 691572
BY ADVS.
C.R.JAYAKUMAR
NOBEL RAJU
SANDRA SREEKUMAR
RESPONDENT/S:
1 STATE OF KERALA
REPRESENTED BY THE SECRETARY, DEPARTMENT OF CO-OPERATION,
GOVERNMENT SECRETARIATE, THIRUVANANTHAPURAM., PIN - 695001
2 THE JOINT REGISTRAR (GENERAL),
DEPARTMENT OF CO-OPERATIVE SOCIETIES, COLLECTORATE, CIVIL
STATION PO, KOLLAM DISTRICT., PIN - 691013
3 THE CHIEF EXECUTIVE OFFICER,
THE KERALA STATE CO-OPERATIVE BANK, KERALA BANK BUILDING,
THIRUVANANTHAPURAM-AG PO, THIRUVANANTHAPURAM., PIN - 695001
4 THE LIQUIDATOR OF CHIRAKKARA-THAZHAM SERVICE CO-OPERATIVE
BANK LTD NO. 4286
THE LIQUIDATION AND INSPECTOR OF CO-OPERATIVE SOCIETIES,
PARAVOOR UNIT, PARAVOOR PO, KOLLAM DISTRICT., PIN - 691301
5 THE CHIRAKKARA-THAZHAM SERVICE CO-OPERATIVE BANK LTD NO.
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WP(C) NOs. 31817 & 32277 OF 2024
4
4286
PARAVOOR PO, KOLLAM DISTRICT REPRESENTED BY THE LIQUIDATOR,
THE LIQUIDATION AND INSPECTOR OF CO-OPERATIVE SOCIETIES,
PARAVOOR UNIT, PARAVOOR PO, KOLLAM DISTRICT., PIN - 691301
BY ADV GILBERT GEORGE CORREYA
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
28.01.2025, ALONG WITH WP(C).31817/2024, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
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WP(C) NOs. 31817 & 32277 OF 2024
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JUDGMENT
The petitioner was an employee of 5th respondent Bank.
The respondent Bank is under liquidation and the 4th
respondent is performing the functions of the liquidator.
2.The petitioner has filed the present writ petition for writ
of mandamus directing the respondents to disburse the eligible
salary, other allowances, provident fund, leave surrender and
gratuity to the petitioner within the time frame by disposing of
the property of the Bank by the 4th respondent.
3.In compliance of the direction issued by this court, the
4th respondent has filed an affidavit stating that the liquidator
is making earnest efforts to obtain all the required documents
of the property of the Bank to complete the sale of the property
through public auction and proceed thereafter towards the
settlement of the dues of the secured/unsecured creditors.
4. The learned counsel for the respondent submits that in
the affidavit filed by the 4th respondent, it is stated that the
liquidator is making all efforts to ensure that the bank's
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WP(C) NOs. 31817 & 32277 OF 2024
property is sold within three months.
5. Considering the aforesaid fact that the officer liquidator
is making earnest efforts to dispose of the property of the Bank
to settle the dues of secured/unsecured creditors as per the
stand taken by the 4th respondent in the affidavit filed in this
writ petition, the writ petitions are disposed of, with direction
to the 4th respondent to dispose of the property of the Bank as
early as possible, preferably within a period of four months and
settle the dues of the secured/unsecured creditors, including
the petitioner from the proceeds of the sale, in accordance with
law.
Sd/-
D. K. SINGH
JUDGE
SJ
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WP(C) NOs. 31817 & 32277 OF 2024
APPENDIX OF WP(C) 32277/2024
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE JUDGMENT IN ARC NO. 25/2012
DATED 24/09/2020 ON THE FILES OF THE CO-OPERATIVE
ARBITRATION COURT, THIRUVANANTHAPURAM
Exhibit P2 TRUE COPY OF THE RECEIPT NO. JRGKLM/2758/2022-
AEL/LDIS DATED 29/08/2022 ISSUED FROM THE OFFICE
OF THE 2ND RESPONDENT
Exhibit P3 TRUE COPY OF THE REPRESENTATION DATED 17/07/2024
WITH POSTAL RECEIPT DATED 17/07/2024
Exhibit P4 TRUE COPY OF THE ACKNOWLEDGEMENT CARD SIGNED BY
OFFICE OF THE 2ND RESPONDENT DATED 18/7/2024
Exhibit P5 TRUE COPY OF THE DETAILED STATEMENT OF RECEIVABLE
RETIREMENT BENEFITS AND ARREAR SALARY WITH
INTEREST DATED 25/11/2024
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WP(C) NOs. 31817 & 32277 OF 2024
APPENDIX OF WP(C) 31817/2024
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE JUDGMENT DATED 24/09/2020 ON THE
FILES OF THE CO-OPERATIVE ARBITRATION COURT,
THIRUVANANTHAPURAM
Exhibit P2 TRUE COPY OF THE RECEIPT NO. JRGKLM/2757/2022-
AEL/LDIS DATED 29/08/2022 ISSUED FROM THE OFFICE
OF THE 2ND RESPONDENT
Exhibit P3 TRUE COPY OF THE REPRESENTATION DATED 17/07/2024
WITH POSTAL RECEIPT DATED 17/07/2024
Exhibit P4 TRUE COPY OF THE ACKNOWLEDGEMENT CARD SIGNED BY
OFFICE OF THE 2ND RESPONDENT DATED 25/7/2024
Exhibit P5 TRUE COPY OF THE DETAILED STATEMENT OF RECEIVABLE
RETIREMENT BENEFITS AND ARREAR SALARY WITH
INTEREST DATED 25/11/202
