Kerala High Court
Ernakulam District Co-Operative ... vs The Joint Registrar (General) on 14 October, 2025
2025:KER:76515
W.P (C) No.21982/2025 -1-
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE GOPINATH P.
TUESDAY, THE 14TH DAY OF OCTOBER 2025 / 22ND ASWINA, 1947
WP(C) NO. 21982 OF 2025
PETITIONER/S:
ERNAKULAM DISTRICT CO-OPERATIVE EMPLOYEES' HOUSING CO-
OPERATIVE SOCIETY LTD. NO. E. 933,
REPRESENTED ITS SECRETARY
SITARAM COMPLEX, 1ST FLOOR,
CHITTOOR ROAD, KACHERIPADY, KOCHI, PIN - 682018
BY ADVS.
SRI.JAMES ABRAHAM (VILAYAKATTU)
SHRI,AMMU ASHOKAN
RESPONDENT/S:
1 THE JOINT REGISTRAR (GENERAL)
OFFICE OF THE CO-OPERATIVE JOINT REGISTRAR,
AKKANAD, ERNAKULAM, PIN - 682030
2 THE SECRETARY
CHENGAMANAD SERVICE CO-OPERATIVE BANK LTD NO. E 176,
PARAMBAYAM, NEDUMBASSERY P.O., ERNAKULAM, PIN - 683585
3 SUBHASH T.V
ATTENDER, CHENGAMANAD SERVICE CO-OPERATIVE BANK LTD NO.
E 176, PARAMBAYAM, NEDUMBASSERY P.O., ERNAKULAM, PIN -
683585
4 BHAGYALATHA B.P
ATTENDER, CHENGAMANAD SERVICE CO-OPERATIVE BANK LTD NO.
E 176, PARAMBAYAM, NEDUMBASSERY P.O., ERNAKULAM, PIN -
683585
5 SHEJEENA K.H
SENIOR CLERK, CHENGAMANAD SERVICE CO-OPERATIVE BANK LTD
NO. E 176, PARAMBAYAM, NEDUMBASSERY P.O., ERNAKULAM,
PIN - 683585
2025:KER:76515
W.P (C) No.21982/2025 -2-
OTHER PRESENT:
SMT. RESHMI THOMAS (GP)
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
16.06.2025, THE COURT ON 14.10.2025 DELIVERED THE FOLLOWING:
2025:KER:76515
W.P (C) No.21982/2025 -3-
JUDGMENT
This writ petition has been filed seeking the following reliefs:-
"(i) Issue a writ of mandamus or appropriate order or direction
directing the 1" respondent to direct the 2 nd respondent to deduct a
substantial amount from the salary of the respondents 3 to 5 and
direct the 2nd respondent to remit the same to the account of the
petitioner by virtue of Section 37 of the Co-operative Societies Act.
(ii) Issue a writ of mandamus or appropriate order or direction
directing the 2nd respondent to deduct or recover a substantial
amount from the salary of the respondents 3 to 5 till clear off the
due amount and direct the 2nd respondent to remit the same to the
account of the petitioner in view of Exhibit P1 to P9."
2. Though notice has been served on respondents 2 t0 5, there is no
representation for respondents 2 to 5.
3. The learned counsel for the petitioner submits that after receiving
notice of the writ petition, deductions have been made from the salary of the
3rd respondent and those amounts are being remitted towards the loan availed
by the 3rd respondent from the petitioner bank. Taking the above submission
into consideration, I am of the opinion that no further orders are necessary in
this writ petition. While disposing of the writ petition, it is made clear that the
2nd respondent will continue to comply with the provisions of Section 37 of the
Kerala Co-operative Societies Act, 1969. It is clarified that if the 3 rd
respondent retires before the entire liability is settled and if recovery from
retirement benefits is permitted, the same can also be done with notice to the
3rd respondent.
Sd/-
GOPINATH P.
JUDGE
AMG
2025:KER:76515
APPENDIX OF WP(C) 21982/2025
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE APPLICATION FORM DATED
26.3.2024
Exhibit P2 TRUE COPY OF EMPLOYMENT CERTIFICATE WITH
AGREEMENT FOR RECOVERY DATED 10.3.2024
EXECUTED BY THE 3RD RESPONDENT IN FAVOUR OF
THE PETITIONER
Exhibit P3 TRUE COPY OF EMPLOYMENT CERTIFICATE WITH
AGREEMENT FOR RECOVERY DATED 12.3.2024
EXECUTED BY THE 4TH RESPONDENT IN FAVOUR OF
THE PETITIONER
Exhibit P4 TRUE COPY OF EMPLOYMENT CERTIFICATE WITH
AGREEMENT FOR RECOVERY DATED 12.3.2024
EXECUTED BY THE 5TH RESPONDENT IN FAVOUR OF
THE PETITIONER
Exhibit P5 TRUE COPY OF THE SURETY BOND DATED 12.3.2024
EXECUTED BY THE RESPONDENTS 3 TO 5 IN FAVOUR
OF THE PETITIONER
Exhibit P6 TRUE COPY OF CONSENT LETTER ISSUED BY THE
RESPONDENTS 3 TO 5 DATED 12.3.2024 TO THE
PETITIONER
Exhibit P7 TRUE COPY OF AGREEMENT WITH THE SOCIETY DATED
26.3.2024 EXECUTED BY 3RD RESPONDENT
Exhibit P8 A TRUE COPY OF APPLICATION FORM CUM CONSENT
DATED 3.1.2022
Exhibit P9 TRUE COPIES OF THE DEMAND LIST FROM THE MONTH
OF JANUARY,2025 DATED 18.01.2025
Exhibit P9(a) TRUE COPIES OF THE DEMAND LIST FROM THE MONTH
OF FEBRUARY, 2025 DATED 17.02.2025
Exhibit P9(b) TRUE COPIES OF THE DEMAND LIST FROM THE MONTH
OF MARCH, 2025 DATED 17.03.2025
Exhibit P9(c) TRUE COPIES OF THE DEMAND LIST FROM THE MONTH
OF APRIL, 2025 DATED 17.04.2025
Exhibit P9(d) TRUE COPIES OF THE DEMAND LIST FROM THE MONTH
OF MAY, 2025 DATED 19.05.2025
Exhibit P10 TRUE COPY OF LETTER DATED 30.4.2025 SENT BY
THE PETITIONER TO 2ND RESPONDENT
Exhibit P11 TRUE COPY OF RECEIPT DATED 07.07.2025 FOR RS.
10,833/-
Exhibit P11(a) TRUE COPY OF RECEIPT DATED 7.7.2025 FOR RS.
5,000/-
Exhibit P12 TRUE COPY OF RECEIPT DATED 6.8.2025 FOR RS.
2025:KER:76515
10,833/-
Exhibit P12(a) TRUE COPY OF RECEIPT DATED 6.8.2025 FOR RS.
5,000/-
Exhibit P13 TRUE COPY OF JUDGMENT IN W.P. (C) NO.
31861/2024 DATED 5.11.2024
