This single-paragraph order dismissed an original petition challenging recovery proceedings by a cooperative bank. The Court held that entitlement to investment subsidy, if any, is a matter for the Government and cannot delay recovery.
Recovery proceedings were allowed to continue; petition dismissed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT :
THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN
WEDNESDAY, THE 13TH FEBRUARY 2008 / 24TH MAGHA 1929
OP.No. 18652 of 2001(U)
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PETITIONER:
------------------V.M.NIZAR, VADAKAYL, MUTHALAKODAM, THODUPUZHA REP.BY THE POWER OF ATTORNEY HOLDER, V.V.GEORGE, ADVOCATE, CHIRAMEL HOUSE, THODUPUZHA.
BY ADV. SRI.K.RAMAKUMAR SRI.T.RAMPRASAD UNNI
RESPONDENTS:
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1. KERALA CO- OPERATIVE TRIBUNAL , TRIVANDRUM
2. IDUKKI DISTRICT CO- OPERATIVE BANK, REP.BY ITS GENERAL MANAGER.
3. KERALA STATE CO- OPERATIVE BANK, REP.BY ITS M.D.
4. STATE OF KERALA, REP.BY SECRTARY TO GOVT. INDUSTRIES DEPARTMENT, THIRUVANANTHAPURAM.
5. DISTRICT COLLECTOR, IDUKKI.
6. V.M.SHAHAVAS, VADAKKAYIL, MUTHALAKODAM, THODUPUZHA.
ADDL. R7 IMPLEADED.
7. GENERAL MANAGER, DISTRICT INDUSTRIES CENTRE, PINAV, DISTRICT , IDUKKI.
IMPLEADED AS ADDL. R7 AS PER ORDER DT. 2.7.01 IN CMP. 31446.01.
R2 BY ADV. SRI.P.C.SASIDHARAN,SC,IDUKKI DIST.CO.OP R4, R5 & R7 BY GOVERNMENT PLEADER SMT.M.K.PUSHPALATHA SRI.C.R.SYAMKUMAR
THIS ORIGINAL PETITION HAVING BEEN FINALLY HEARD ON 13/02/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
OP. 13652/2001
APPENDIX
PETITIONERS EXHIBITS
EXT.P1:- COPY OF THE JUDGMENT DT. 28.3.01 IN WA. NO.1593/2000 OF THIS HONOURABLE COURT.
EXT.P2:- COPY OF THE JUDGMENT DT. 2.5.01 OF THE KERALA CO- OPERATIVE TRIBUNAL TRIVANDRUM.
EXT.P3:- COPY OF THE ORDER OF THE ARBITRATOR (JOINT REGISTRAR OF CO- OP. SOCIETIES, IDUKKI )IN ARC. NO.3/91.
/ TRUE COPY/
P.A. TO JUDGE
tss
THOTTATHIL B. RADHAKRISHNAN, J.
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Dated this the 13th day of February, 2008
J U D G M E N T
The petitioner challenges recovery proceedings by a Cooperative Bank on the ground that he is entitled to investment subsidy. But, that is no ground to withhold recovery. If the petitioner is given investment subsidy, he can enjoy that. The question as to whether the petitioner is to be granted subsidy or not, is a decision to be taken by the Government. It is stated in the counter affidavit on behalf of the additional seventh respondent that the petitioner is not entitled to investment subsidy. At any rate, any entitlement of the petitioner to investment subsidy or not, cannot stand in the way of the recovery proceedings, which are under challenge.
This petition fails and the same is dismissed accordingly.
THOTTATHIL B.RADHAKRISHNAN, Judge
ms
THOTTATHIL B. RADHAKRISHNAN, J.
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O.P. No. 18652 of 2001-U
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J U D G M E N T
13th February, 2008
1 issue framed by the court
Whether entitlement to investment subsidy is a ground to withhold recovery proceedings by a cooperative bank.
V.M. Nizar
Kerala Co- Operative Tribunal, Trivandrum
Idukki District Co- Operative Bank
Kerala State Co- Operative Bank
State of Kerala
District Collector, Idukki
Thottathil B. Radhakrishnan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
