Dismissed

The Tattamangalam Service Co-Operative Bank v. State of Kerala

Kerala HC3 Jun 2014WP(C)/2665/2014

Case brief

AI extract

What is this about?

The Kerala High Court dismissed the writ petition filed by a service co-operative bank challenging government directions to grant benefits to agricultural farmers. The bank refused to return title deeds to borrowers who had paid 50% of loans, citing pending government payment. The Court held the approach unsustainable.

What did the court decide?

The writ petition was dismissed; the petitioner is not entitled to seek any relief.

The Tattamangalam Service Co-Operative Bank… — Pension and Retirement Benefits | Kerala HC (2014)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT:

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THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE

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TUESDAY, THE 3RD DAY OF JUNE 2014/13TH JYAISHTA, 1936

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WP(C).No. 2665 of 2014 (G)

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PETITIONER(S):

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--------------

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THE TATTAMANGALAM SERVICE CO-OPERATIVE BANK LTD., P.502, TATTAMANGALAM, PALAKKAD DISTRICT-678102, REPRESENTED BY ITS SECRETARY.

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BY ADVS.SRI.G.HARIHARAN SRI.PRAVEEN.H.

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RESPONDENT(S):

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--------------

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1. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, DEPARTMENT OF AGRICULTURE, ROOM NO. 394, FIRST FLOOR,MAIN BLOCK, SECRETARIAT, THIRUVANANTHAPURAM-695001.

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2. THE REGISTRAR OF CO-OPERATIVE SOCIETIES,

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HOUSING BOARD THAMPANOOR RD, STATUE, THYCAUD THIRUVANANTHAPURAM-695001.

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3. KERALA STATE FARMERS DEBT RELIEF COMMISSION, VENPALAVATTOM, ANAYARA P.O., THIRUVANANTHAPURAM-695029, REPRESENTED BY ITS SECRETARY.

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4. SRI.SANKARAN, S/O.PAZHANI, KOSAVANKODE, KARIPALI.P.O., PALAKKAD DISTRICT.

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BY SENIOR GOVERNMENT PLEADER SMT.ANITHA RAVEENDRAN.

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THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 03-06-2014 ALONG WITH WP(C)2677/2014 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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rvs/

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WP(C).No. 2665 of 2014 (G)

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APPENDIX

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PETITIONER(S)' EXHIBITS :

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----------------------

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EXHIBIT P1- TRUE COPY OF THE GOVERNMENT ORDER HAVING NO. G.O.(RT)NO. 1788/2012/AD DATED 11-09-2012 PASSED BY THE AGRICULTURE DEPARTMENT. EXHIBIT P2- TRUE COPY OF THE CIRCULAR NO. 41/2012 ISSUED BY REGISTRAR OF CO-OPERATIVE SOCIETIES, THIRUVANANTHAPURAM DATED 18-10-2012. EXHIBIT P3- TRUE COPY OF THE FINAL ORDER DATED 15-03-2013 PASSED BY THE KERALA FARMERS DEBT RELIEF COMMISSION. RESPONDENT(S)' EXHIBITS ------------------------

NIL.

/TRUE COPY/

P.A.TO JUDGE

rvs/

A.M.SHAFFIQUE, J

*** * * * * * * * * * * * *** W.P.C.Nos.2665 of 2014, 2677 of 2014, 2734 of 2014, 2747 of 2014 & 2749 of 2014

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Dated this the 3^rd day of June 2014

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J U D G M E N T

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Petitioners challenge the directions issued by the District Collector granting certain benefits to the agricultural farmers who have taken loans from the petitioner bank. As per the notification, 50% of the loan amount has to be paid by the borrowers and the balance amount has to paid by the Government. Most of the borrowers have already remitted 50% of the amount and are demanding return of their title deeds. But, according to the petitioner bank, unless the Government effects payment of the balance 50% amount, they have no obligation to return the title deeds.

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The approach of the petitioner in not giving the title deeds to borrowers is not sustainable especially in view of the relief granted by the Debt Relief Commission in terms of the notification issued by the Government of Kerala. If

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W.P.C.Nos.2665/2014 & conn.cases

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there is delay on the part of the Government to pay the balance 50% amount, it shall always be open for the petitioner to seek appropriate remedy against the Government. But that does not mean that they can withhold the title deeds of the borrowers who have actually remitted 50% of the amount as directed by the Debt Relief Commission.

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In that view of the matter, petitioner is not entitled to seek any relief in this writ petition and accordingly the same is dismissed.

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(sd/-)

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(A.M.SHAFFIQUE, JUDGE)

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jsr

The Tattamangalam Service Co-Operative Bank v. State of Kerala

Case brief

What is this about?

What did the court decide?

The Tattamangalam Service Co-Operative Bank v. State of Kerala

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

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