Remanded

Paulose v. the Joint Registrar for Co-Operative Society(General)

Kerala HC15 Mar 2019WP(C)/1167/2019

Case brief

AI extract

What is this about?

This writ petition filed by a borrower who claimed to have paid off his loan liability sought an order directing the Assistant Registrar to instruct the Bank to provide a copy of the ledger folio for verification of account accuracy.

What did the court decide?

Directed the Assistant Registrar to complete proceedings and issue instructions to the Bank to provide the ledger extract after a hearing within one month.

Paulose Vs the Joint Registrar for… — Pension and Retirement Benefits | Kerala HC (2019)

¶1

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶2

PRESENT

¶3

THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN

¶4

FRIDAY ,THE 15TH DAY OF MARCH 2019 / 24TH PHALGUNA, 1940

¶5

WP(C).No. 1167 of 2019

¶6

PETITIONER/S:

¶7

PAULOSE

¶8

AGED 60 YEARS S/O KUNJI PAILO, KANDAMKULATHY HOUSE, KATTUGACHIRA DESOM, IRINJALAKUDA VILLAGE, MUKUNDAPURAM TALUK, THRISSUR DISTRICT. PIN 680 121.

¶9

BY ADV. SRI.RAJESH CHAKYAT

¶10

RESPONDENT/S:

¶11

1 THE JOINT REGISTRAR FOR CO-OPERATIVE SOCIETY(GENERAL) COLLECTORATE, CIVIL LINE, AYYANTHOL, THRISSUR. PIN680 003.

¶12

2 THE ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETY MUKUNDAPURAM, IRINJALAKUDA, THRISSUR DISTRICT, PIN 680 121.

¶13

3 KARUVANNUR SERVICE CO-OPERATIVE BANK LTD NO.112. KARUVANNUR P.O, THRISSUR DISTRICT. PIN 680 711, REPRESENTED BY ITS SECRETARY.

¶14

BY ADV. SRI.V.BINOY RAM

¶15

SMT.C.S.SHEEJA-SR.GP

¶16

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 15.03.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

¶17

WP(C).No. 1167 of 2019 2

¶18

JUDGMENT

¶19

The petitioner says that he was the borrower of certain amounts from the 3^rd respondent- Bank and that he has paid off the entire loan liability. He submits that consequent to the payment of the full liability, he requested them to give him a copy of the ledger folio/extract pertaining to the account, so as to verify whether the amounts demanded from him are accurate. He says that this request was, however, not acceded to by the Bank and, therefore, that he approached the Joint Registrar by filing Ext.P2 representation, which has been forwarded by the said Authority to the 2^nd respondentAssistant Registrar for enquiry. The petitioner says that the Assistant Registrar, therefore, be directed to issue necessary instructions to the Bank to accede to his request.

¶20

Smt.C.S.Sheeja, the learned Senior Government Pleader, appearing on behalf of 1^st and 2^nd respondents, submits that if Ext.P2 is still pending for orders before the 2^nd respondent, the said Authority will certainly take up the same and complete the proceedings thereon, after affording an opportunity of being heard to the petitioner as well as to the 3^rd respondent- Bank. She says that this writ petition be

¶21

WP(C).No. 1167 of 2019 3

¶22

ordered on such terms.

¶23

Sri.V.Binoy Ram, the learned Standing Counsel appearing for the 3^rd respondent, submits that since the petitioner's complaint is still pending before the 2^nd respondent-Assistant Registrar of Co-operative Societies, this Court may not enter affirmatively into the allegations made by him and leave it to the said Authority to decide all issues in terms of law.

¶24

In the afore circumstances, I order this writ petition and direct the 2^nd respondent to complete the proceedings as per Ext.P3 instructions given to him by the Joint Registrar of Co-operative Societies, after affording an opportunity of being heard to the petitioner as well as the concerned officials of the 3^rd respondentSociety, as expeditiously as is possible, but not later than one month from the date of receipt of a copy of this judgment.

¶25

Sd/-

¶26

DEVAN RAMACHANDRAN

¶27

JUDGE

¶28

¶29

WP(C).No. 1167 of 2019 4

¶30

APPENDIX

¶31

PETITIONER'S/S EXHIBITS:

¶32

EXHIBIT P1 A TRUE COPY OF THE LETTER DATED 11.07.2018 SUBMITTED TO THE 3RD RESPONDENT BANK. EXHIBIT P2 A TRUE COPY OF THE REPRESENTATION SUBMITTED BEFORE 1ST RESPONDENT DATED 14.09.2018. EXHIBIT P3 A TRUE COPY OF THE ORDER DATED 12.10.2018 BY THE 1ST RESPONDENT.

¶33

RESPONDENT'S/S EXHIBITS: NIL

¶34

//TRUE COPY// Sd/PA TO JUDGE

Paulose v. the Joint Registrar for Co-Operative Society(General)

Case brief

What is this about?

What did the court decide?

Paulose v. the Joint Registrar for Co-Operative Society(General)

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

Sivadasan Nair K, Vs the State Co-Operative Election Commission

Neelakandan K. Vs the Kerala State Co-Operative Election Commission

Rahila.a., Vs State of Kerala

Lalitha P. K. Vs the Joint Director(Audit) of Co-Operative Societies

Shalu M.P. Vs the Pantheerankavu Service Co-Operative Bank Ltd. No. 2110

Eldose Vs State of Kerala