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Kerala High Court
Celin Thomas vs State Of Kerala on 18 February, 2026
2026:KER:14657
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE SUSHRUT ARVIND DHARMADHIKARI
WEDNESDAY, THE 18TH DAY OF FEBRUARY 2026 / 29TH MAGHA, 1947
WP(C) NO. 27044 OF 2022
PETITIONERS:
1 CELIN THOMAS
AGED 58 YEARS
W/O THOMAS, VALLIATH HOUSE,
ETTUMANOOR P.O., KOTTAYAM DISTRICT-PIN:686631.
2 SRI. V.S. THOMAS
S/O DEVASSIA, VALLIATH HOUSE,
ETTUMANOOR P.O., KOTTAYAM DISTRICT- PIN: 686631
BY ADVS.
SHRI.ABRAHAM MATHEW (VETTOOR)
SMT.VISHNUJA P.M.
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY THE PRINCIPAL SECRETARY TO GOVERNMENT,
CO-OPERATIVE DEPARTMENT,
GOVT. SECRETARIAT, THIRUVANANTHAPURAM,
PIN: -695001.
2 THE REGISTRAR OF CO-OPERATIVE SOCIETIES
KOTTAYAM, CIVIL STATION,
COLLECTORATE P.O. KOTTAYAM - PIN: 686002
3 THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES (G)
KOTTAYAM, CIVIL STATION,
COLLECTORATE. PO, KOTTAYAM- PIN:686002.
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4 ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES
(G)
KOTTAYAM, CO-OP UNION BUILDINGS,
RAILWAY STATION ROAD, KOTTAYAM- PIN:686002.
5 THE KOTTAYAM CO-OPERATIVE MARKETING-
SOCIETY LTD. NO. K 363,
ETTUMANOOR P.O., - PIN:686631
KOTTAYAM DISTRICT
REPRESENTED BY ITS SECRETARY.
6 THE SECRETARY
THE KOTTAYAM CO-OPERATIVE MARKETTING-
SOCIETY LTD. NO. K 363,
ETTUMANOOR P.O., - PIN:686631
KOTTAYAM DISTRICT.
BY ADVS
SHRI.SUNIL CYRIAC
SRI SUNIL KUMAR KURIAKOSE GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 18.02.2026, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
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JUDGMENT
Heard the learned counsel on both sides.
2. The present writ petition under Article 226
of the Constitution of India has been filed by the petitioners
praying for the following reliefs;
"i) Issue a writ of mandamus or any other
appropriate writ, direction or order,
commanding the respondents 1 to 4 to take
immediate effective steps for sale of the 15
cents of immovable property in the name of
the 5th respondent and pay the amounts due
to the petitioners under Ext P1 to P13 fixed
deposits from the sale proceeds thereof,
within a time frame.
ii) Issue appropriate direction to the
respondents 1 to 4 to proceed personally
against the person in the office of the 6 th
respondent at the time of receiving the
respective amounts under Ext P1 to P13
from the petitioners and who is primarily
responsible for mismanagement of such
funds of the 5th respondent and recover the
required amounts from them to discharge
the liabilities due under the fixed deposits.
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iii) Issue such other and necessary orders
which this Hon'ble Court may deem fit and
proper to secure the ends of justice.
iv) Dispense with production of English
translation of the documents in vernacular
language. "
3. Learned Government Pleader informed that
similar issue has already been decided by this Court in
WP(C).No.13804 of 2021, wherein this Court vide order
dated 03.02.2022, passed the following order;
" The learned Government Pleader
has placed on record a statement by the
Joint Registrar of Co-operative Societies.
Therein it is stated that a Monitoring
Committee was constituted with regard to
the conduct of sale of the assets of the
Society to repay liabilities. It is reported
that, the meeting of the Committee held on
15/12/2021 took a decision to sell the 15
cents of immovable property belonging to
the Society. Seeking permission from the
Registrar of Co-operative Societies in the
said regard, a communication dated
20/01/2022 has been issued to the
Registrar. Orders are to be passed thereon
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by the Registrar.
There will be a direction to the
additional 5th respondent - the Registrar of
Co-operative Societies, to consider and pass
appropriate orders on the request with due
notice to the Society, as expeditiously as
possible and at any rate within a period of
one month from the date of receipt of a
copy of this judgment."
4. Learned Government Pleader pointed out
in the judgment in WP(C).No.13804 of 2021 that the
Committee has already taken a decision on 15.12.2021 to
sell the 15 cents of immovable property belonging to the
Society. The tender inviting notification was issued on
16.03.2023, in which there was a condition that the total
amount should satisfy the outstanding liability of the
Society. No one participated in the tender. The Government
is under process of issuing a fresh tender appropriately in
order to enable to receive the tenderers.
5. In view of the aforesaid statement, the
order passed in WP.(C). No.13804 of 2021 shall apply
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mutatis mutandis to the facts and circumstances of this
case.
With the aforesaid, this writ petition is disposed of,
leaving open all contentions to be agitated in appropriate
proceedings in accordance with law. The respondents 1 to
4 are directed to expedite the process.
Sd/-
SUSHRUT ARVIND DHARMADHIKARI
JUDGE
SPV
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WP(C) NO. 27044 OF 2022
APPENDIX OF WP(C) NO. 27044 OF 2022
PETITIONER'S EXHIBITS
EXHIBIT P1 A TRUE COPY OF THE FIXED DEPOSIT
RECEIPT NO. 97 FOR . 30,000/- ISSUED BY
THE 5 RESPONDENT TO THE 1ST PETITIONER
DATED 08-01-2001.
EXHIBIT P2 A TRUE COPY OF THE FIXED DEPOSIT
RECEIPT NO. 112 ISSUED BY THE 5TH
RESPONDENT TO THE 1ST PETITIONER DATED
09-072001.
EXHIBIT P3 A TRUE COPY OF THE FIXED DEPOSIT
RECEIPT NO.153 FOR RS.50,000/- ISSUED
BY THE 5TH RESPONDENT IN FAVOUR OF THE
1ST PETITIONER DATED 30-11-2002.
EXHIBIT P4 A TRUE COPY OF THE FIXED DEPOSIT
RECEIPT NO. 493 FOR RS.50, 000/- ISSUED
BY THE 5TH RESPONDENT TO THE 1ST
PETITIONER DATED 20-07-2010.
EXHIBIT P5 TRUE COPY OF THE FIXED DEPOSIT RECEIPT
NO. 501 FOR RS. 50,000/-.ISSUED BY THE
5TH RESPONDENT TO THE 1ST PETITIONER
DATED 07-10-2010.
EXHIBIT P6 A TRUE COPY OF THE FIXED DEPOSIT
RECEIPT NO. 526 FOR RS. 50,000/-.ISSUED
BY THE 5TH RESPONDENT TO THE 1ST
PETITIONER DATED 25-11-2010.
EXHIBIT P7 A TRUE COPY OF THE FIXED DEPOSIT
RECEIPT NO. 573 ISSUED BY THE 5TH
RESPONDENT IN FAVOUR OF THE 1ST
PETITIONER DATED 14-06-2011.
EXHIBIT P8 A TRUE COPY OF THE FIXED DEPOSIT
RECEIPT NO. 657 FOR RS. 69,000/-.ISSUED
BY THE 5TH RESPONDENT TO THE 1ST
PETITIONER DATED 11-10-2012.
EXHIBIT P9 A TRUE COPY OF THE FIXED DEPOSIT
RECEIPT NO. 735 FOR RS. 50,000/-.ISSUED
BY THE 5TH RESPONDENT TO THE 1ST
PETITIONER DATED 16-08-2014.
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EXHIBIT P10 A TRUE COPY OF THE FIXED DEPOSIT
RECEIPT NO. 517 FOR RS.50,000/- ISSUED
BY THE 5TH RESPONDENT IN FAVOUR OF THE
1ST PETITIONER DATED 26-10-2015.
EXHIBIT P11 A TRUE COPY OF THE FIXED DEPOSIT
RECEIPT NO. 19 FOR RS. 1,00,000/-
ISSUED BY THE 5TH RESPONDENT TO THE 2ND
PETITIONER DATED 25-11-1997.
EXHIBIT P12 A TRUE COPY OF THE FIXED DEPOSIT
RECEIPT NO. 165 FOR RS. 50,000/- ISSUED
BY THE 5TH RESPONDENT TO THE 2ND
PETITIONER DATED 30-01-2003.
EXHIBIT P13 A TRUE COPY OF THE SAID FIXED DEPOSIT
RECEIPT NO. 656 FOR RS. 1,00,000/-
ISSUED BY THE 5TH RESPONDENT TO THE 2ND
PETITIONER DATED 06-10-2012.
EXHIBIT P14 A TRUE COPY OF THE LAWYER NOTICE ISSUED
ON BEHALF OF THE PETITIONERS TOGETHER
WITH THE POSTAL RECEIPTS DATED 03-09-
2021.
RESPONDENTS' EXHIBITS:NIL
//TRUE COPY//
PA TO JUDGE
