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Kerala High Court
Koshy Thankachen vs The State Of Kerala on 8 January, 2026
2026:KER:895
WP(C) NO. 1633 OF 2025 1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE GOPINATH P.
THURSDAY, THE 8TH DAY OF JANUARY 2026 / 18TH POUSHA, 1947
WP(C) NO. 1633 OF 2025
PETITIONER/S:
1 KOSHY THANKACHEN, AGED 51 YEARS
S/O. K. THANKACHEN, RESIDING AT NARAKATHINAL HOUSE,
VETTIPPURAM WEST, PATHANAMTHITTA DISTRICT, PIN - 689645
2 LIZZY KOSHY,AGED 48 YEARS
W/O. KOSHY THANKACHEN, RESIDING AT NARAKATHINAL HOUSE,
VETTIPPURAM WEST, PATHANAMTHITTA DISTRICT, PIN - 689645
3 LEELAMMA THANKACHEN,AGED 76 YEARS
W/O. K. THANKACHAN, RESIDING AT NARAKATHINAL HOUSE,
VETTIPPURAM WEST, PATHANAMTHITTA DISTRICT, PIN - 689645
BY ADVS.
SRI.SAJITH KUMAR V.
SHRI.VIVEK A.V.
RESPONDENT/S:
1 THE STATE OF KERALA
REPRESENTED BY SECRETARY TO GOVERNMENT,
DEPARTMENT OF CO-OPERATIONS, SECRETARIAT,
THIRUVANANTHAPURAM, PIN - 695001
2 THE DIRECTOR OF CO-OPERATIVE AUDIT
O/O. THE OFFICE OF THE DIRECTOR OF CO-OPERATIVE AUDIT,
5TH FLOOR, JAWAHAR SAHAKARANA BHAVAN, DPI JUNCTION,
THYCAUD P.O., THIRUVANANTHAPURAM DISTRICT, PIN - 695014
3 THE REGISTRAR OF CO-OPERATIVE SOCIETIES
O/O. THE OFFICE OF THE REGISTRAR OF CO-OPERATIVE
SOCIETIES, JAWAHAR SAHAKARANA BHAVAN, DPI JUNCTION,
THYCAUD P.O., THIRUVANANTHAPURAM DISTRICT, PIN - 695014
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WP(C) NO. 1633 OF 2025 2
4 THE ASSISTANT REGISTRAR (GENERAL)
CO-OPERATIVE SOCIETIES, KOZHENCHERRY TALUK,
PATHANAMTHITTA DISTRICT, PIN - 689645
5 THE JOINT REGISTRAR (GENERAL)
CO-OPERATIVE SOCIETIES, KOZHENCHERRY, PATHANAMTHITTA
DISTRICT, PIN - 689645
6 PATHANAMTHITTA DISTRICT PRIVATE HOSPITAL AND MEDICAL
STORE STAFF WELFARE CO-OPERATIVE SOCIETY LTD.
REPRESENTED BY ITS SECRETARY, NO PT 227.,
THEKKETHIL BUILDING, ST. PETERS JN.,
PATHANAMTHITTA P.O.,, PIN - 689645
7 THE SECRETARY
PATHANAMTHITTA DISTRICT PRIVATE HOSPITAL AND MEDICAL
STORE STAFF WELFARE CO-OPERATIVE SOCIETY LTD., NO PT
227., THEKKETHIL BUILDING, ST. PETERS JN.,
PATHANAMTHITTA P.O.,, PIN - 689645
BY ADVS.
SRI.MANU RAMACHANDRAN
SRI.M.KIRANLAL
SRI.R.RAJESH (VARKALA)
SRI.T.S.SARATH
SHRI.SAMEER M NAIR
SMT.SAILAKSHMI MENON
SMT. AASHI K. SHAJAN
SMT.MINZA FATHIMA SALIM M.
SMT.BINITHA MARIA THOMAS
SHRI.KEZIL THOTTUKADAVIL CHERIAN
SMT. C.S SHEEJA (GP)
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
08.01.2026, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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WP(C) NO. 1633 OF 2025 3
JUDGMENT
Petitioners have several Fixed Deposits with the 6 th
respondent-Society. They are aggrieved by the fact that the
amounts of deposit together with interest payable thereon have
not been repaid to them despite the fact that the deposits have
matured and there has been demand for repayment of the
amounts due under the deposits.
2. Learned counsel appearing for the 6 th respondent-
Society would submit that the Society is taking earnest efforts to
pay the amounts due under the deposits. It is submitted that,
out of the total deposits maintained by the petitioner, certain
amounts have been repaid to them (Rs.3,99,210/-) and that the
balance amount will also be disbursed without undue delay. It
is submitted that, the 6th respondent-Society has stocks in its
medical store amounting to Rs.28,27,647/-. It is submitted that,
the 6th respondent-Society is willing to return the amounts due
to the petitioners in instalments. It is submitted that the
interest at the rates applicable to Fixed Deposits is being
paid/credited to the account of the petitioners.
3. Having heard the learned counsel appearing for the
petitioners and the learned counsel appearing for the 6 th
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respondent-Society, the writ petition will stand disposed of
directing that the amounts due under the fixed deposits due to
the petitioners shall be disbursed to the petitioners without
undue delay by paying a sum of Rs.25,000/- each per month.
The instalments shall be paid every month till the entire
amounts due to the petitioners on account of the Fixed Deposits
made by them are repaid to them. The first instalment shall be
paid on or before 10.02.2025. The subsequent instalments shall
be paid on or before the 10 th day of succeeding months. Interest
at the rates applicable to the Fixed Deposit shall also be paid till
the entire amount is paid on reducing balance. On each
payment being made by the respondent Society, as directed
above, the petitioners shall execute necessary discharge
receipts to the extent of repayment.
Writ petition is disposed of as above.
Sd/-
GOPINATH P.
JUDGE
ajt
2026:KER:895
APPENDIX OF WP(C) NO. 1633 OF 2025
PETITIONER EXHIBITS
Exhibit P1 A TRUE COPY OF THE LETTER NO.
ARGKZY/209/20234/UI(1) DATED 18.06.2024
ISSUED BY THE 4TH RESPONDENT TO THE 6TH
RESPONDENT
Exhibit P2 A TRUE COPY OF THE FIXED RECEIPT NO. 24 DATED
23.02.2022, RECEIPT NO. 26 DATED 07.04.2022
AND RECEIPT NO. 34 DATED 09.05.2022 REMITTED
BY THE PETITIONER TO THE 6TH RESPONDENT
SOCIETY
Exhibit P3 A TRUE COPY OF THE RECEIPT NOS. 46,47 AND 48
DATED 10.08.2022, 12.08.2022 AND 16.08.2022
RESPECTIVELY FOR RS. 70,000/-, RS. 1,00,000/-
AND RS. 1,30,000/- REMITTED BY THE 2ND
PETITIONER TO THE 6TH RESPONDENT SOCIETY
Exhibit P4 A TRUE COPY OF THE FIXED DEPOSIT RECEIPT NO.
33 DATED 09.05.2022 FOR RS. 1,00,000/-
REMITTED BY THE 3RD PETITIONER TO THE 6TH
RESPONDENT SOCIETY
Exhibit P5 A TRUE COPY OF THE LETTER DATED 17.02.2024
SUBMITTED BY ONE BOARD MEMBER ALEX VARGHESE
TO THE 7TH RESPONDENT
Exhibit P6 A TRUE COPY OF THE LETTER DATED 21.02.2024
SUBMITTED BY SMT. ROSSY THOMAS TO THE 7TH
RESPONDENT
Exhibit P7 A TRUE COPY OF THE PETITION DATED 14.05.2024
SUBMITTED BY THIS PETITIONER TO THE 5TH
RESPONDENT
Exhibit P8 A TRUE COPY OF THE REPRESENTATION DATED
20.05.2024 SUBMITTED BY THE 1ST PETITIONER TO
THE ASSISTANT DIRECTOR (AUDIT)
Exhibit P9 A TRUE COPY OF THE RESIGNATION LETTER DATED
04.09.2024 SUBMITTED BY THE 1ST PETITIONER TO
THE 7TH RESPONDENT, WITH COPY TO THE 3RD AND
4TH RESPONDENTS
RESPONDENT EXHIBITS
Exhibit R7(a) The true copy of the letter dated 22.10.2025
issued by respondent no.7-Secretary to
respondent no.4
Exhibit R7(b) The true copy of details of fixed deposits
and interest paid and remaining to be paid
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WP(C) NO. 1633 OF 2025 6
Exhibit R7(c) The true copy of letter dated 28.01.202§
given by respondent no.7 to respondent no.4
