Dismissed

P.Rajamma v. State of Kerala

Kerala HC18 Dec 2020WP(C)/22510/2020

Case brief

AI extract

What is this about?

Petitioners sought a writ direction to release fixed deposit amounts from a Co-operative Bank where records were seized in a criminal/vigilance case. The Court held that genuineness verification was pending before the Arbitrator and dismissed the request for direct order, instead directing expedited arbitration proceedings.

What did the court decide?

Petition dismissed; order for arrest of the Arbitrator within 6 months.

P.Rajamma Vs State of Kerala — Writ and Judicial Review | Kerala HC (2020)

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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 RAJA VIJAYARAGHAVAN V

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FRIDAY, THE 18TH DAY OF DECEMBER 2020 / 27TH AGRAHAYANA, 1942

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WP(C).No.22510 OF 2020(K)

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PETITIONER/S:

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1 P.RAJAMMA, AGED 87 YEARS, W/O. LATE P. MADHAVA KURUP OF KOCHUMADAM, OPPOSITE K.S.R.T.C.BUS STATION, MAVELIKKARA P.O, ALAPPUZHA DISTRICT, PIN CODE-690 101 AND NOW RESIDING AT SINDOORAM, BEHIND COURT, MAVELIKKARA P.O, ALAPPUZHA DISTRICT, PIN CODE-690101

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2 SANDHYA VINAYAN, AGED 52 YEARS, W/O. VINAYAN M. OF SINDOORAM,BEHIND THE COURT, MAVELIKKARA P.O., ALAPPUZHA DISTRICT, PINCODE-690101.

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BY ADV. SRI.D.GANESH KUMAR

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RESPONDENT/S:

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1 STATE OF KERALA REPRESENTED BY THE SECRETARY, DEPARTMENT OF CO-OPERATION, GOVERNMENT OF KERALA, SECRETARIAT, THIRUVANANTHAPURAM-695 001.

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2 THE REGISTRAR CO-OPERATIVE SOCIETIES, THIRUVANANTHAPURAM-695 001

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3 THE JOINT REGISTRAR OFFICE OF THE JOINT REGISTRAR, CO-OPERATIVE SOCIETY (GENERAL), TECHI ANGALAMMAN COMPLEX, OPP. ST. ANTONY'S SCHOOL, THIRUVAMBADY, ALAPPUZHA-688 002.

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4 PRESIDENT, MAVELIKKARA TALUK CO-OPERATIVE BANK LTD. NO. 707 MAVELIKKARA P.O, ALAPPUZHA-690 101.

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5 MAVELIKKARA TALUK CO-OPERATIVE BANK LTD. NO. 707, MAVELIKKARA P.O, ALAPPUZHA-690 101, REP. BY ITS SECRETARY. R4 & R5 BY ADV. SRI.K.C.SANTHOSHKUMAR,SC SRI BIMAL K NATH, SR GP

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 18.12.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No.22510 OF 2020

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JUDGMENT

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The 1st petitioner is a senior citizen and the 2nd petitioner is her daughter-in-law. They state that they had deposited money in the 5th respondent bank and the same is lying as fixed deposit in a cumulative deposit scheme. At the time of depositing the money, the petitioners were assured that they could withdraw the money at any time with attractive interest. They contend that when the petitioners approached the respondent bank for withdrawing the amount on its attaining the maturity, they refused to release the amount. In the said circumstances, the petitioners approached the Arbitrator and filed ARC No. 748 of 2020 which is pending. According to the 1st petitioner, she is an octogenarian and her son is also suffering from serious neurological ailments. It is in the afore circumstances that the petitioners are before this Court seeking a direction to the 3rd respondent to consider Exhibit P9 representation and for further directions to the Bank to disburse the amount lying in Fixed deposit. They have also sought for an expeditious consideration of the matter pending as ARC No.748 of 2020 before the 3rd respondent.

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The respondents 4 and 5 have filed a counter wherein it is stated that the present Managing Committee assumed office only on

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WP(C).No.22510 OF 2020

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2.1.2020. According to the respondents, huge sums of money was misappropriated by the members of the previous managing committee with the assistance of certain employees and about Rs.38 Crores was siphoned off. It is contended that the genuineness of the fixed deposits/cumulative deposit receipts issued to the customers are being verified. Criminal cases and vigilance enquiry are also pending against the persons responsible. It is contended that the records have been seized by the police and also the Vigilance and Anti-Corruption Bureau. The genuineness of the deposit receipts relied on by the petitioners can only be resolved by a full-fledged enquiry and it is for the said reason that the petitioners had approached the Arbitrator. It is stated that since the matter is pending before the Arbitrator, necessary directions can be issued to the Arbitrator to expedite the proceedings and the respondents shall also cooperate with the proceedings. It is further stated that going by the records in the Bank, the petitioners had availed a loan and a sum of Rs 35,54,484/ is due to the Bank from the petitioners.

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I have considered the submissions. It appears that the petitioners have already approached the Arbitration Court and proceedings are pending. Before this Court, the respondents are not admitting the genuineness of the fixed deposit certificate which has been produced by the petitioners as Exhibit P8. In that view of the matter, this Court will not be

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WP(C).No.22510 OF 2020

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justified in short-circuiting the proceedings and issuing directions in this petition. I am of the considered opinion that necessary directions can be issued to the Arbitration Court to expedite the proceedings.

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In that view of the matter, this petition is disposed of directing the 3rd respondent to expedite the proceedings in ARC No.748 of 2020 and take the matter to its logical conclusion within a period of six months from the date of completion of service.

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SD/-

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RAJA VIJAYARAGHAVAN V

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JUDGE

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sru

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WP(C).No.22510 OF 2020

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APPENDIX

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PETITIONER'S/S EXHIBITS:

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EXHIBIT P1 TRUE COPY OF IDENTITY CARD FOR MEDICAL ATTENDANCE TO FREEDOM FIGHTERS, IN THE NAME OF P. MADHAVA KURUP. EXHIBIT P2 TRUE COPY OF REGISTERED LETTER DATED 18TH MARCH 1987 ISSUED BY UNDER SECRETARY TO THE GOVERNMENT OF INDIA TO THE ACCOUNTANT GENERAL, KERALA, THIRUVANANTHAPURAM. EXHIBIT P3 TRUE COPY OF ORDER DATED O3.12.1986 BEARING NO. R.DIS 79527/86/N4 ISSUED BY THE DISTRICT COLLECTOR, ALLEPPEY DISTRICT. EXHIBIT P4 TRUE COPY OF DISCHARGE SUMMARY ISSUED BY THE DEPARTMENT OF UROLOGY, MCH, TRIVANDRUM IN THE NAME OF SUDHAN (IP NO. 577954).

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EXHIBIT P5 TRUE COPY OF CERTIFICATE FOR THE PERSONS WITH DISABILITIES DATED 24.03.2012 BEARING NO. 82834 ISSUED BY DEPARTMENT OF HEALTH SERVICES, GOVERNMENT OF KERALA. EXHIBIT P6 TRUE COPY OF DISCHARGE SUMMARY DATED 09.10.2019 ISSUED BY VSM HOSPITAL, MEVELIKKARA, IN THE NAME OF RAJAMMA. EXHIBIT P7 TRUE COPY OF SANCTION ORDER ISSUED BY PAY AND ACCOUNTS OFFICER, CENTRAL PENSION ACCOUNTING OFFICE ON 22.01.2015, ADDRESSED TO THE MANAGER, SBT, VAZHUTHACAUD, THIRUVANANTHAPURAM DISTRICT.

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EXHIBIT P8 TRUE COPY OF DEPOSIT CERTIFICATE BEARING CD NO. 3474/2014-15 DATED 19.01.2015 FOR AN AMOUNT OF RS. 9,50,000/- STANDS IN THE NAME OF P. RAJAMMA AND SANDHYA VINAYAN. EXHIBIT P9 TRUE COPY OF APPLICATION FOR DISBURSEMENT OF THE AMOUNT SUBMITTED BY THE

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WP(C).No.22510 OF 2020

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PETITIONERS BEFORE THE SECRETARY, MAVELIKKARA TALUK CO-OPERATIVE BANK LTD.ON 11.09.2020.

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EXHIBIT P10 TRUE COPY OF JUDGMENT DATED 11.07.2017 IN WPC NO. 21787 OF 2017 PASSED BY THE HON'BLE HIGH COURT OF KERALA. EXHIBIT P11 TRUE COPY OF JUDGMENT DATED 22.08.2017 IN WPC NO. 27074 OF 2017 PASSED BY THE HON'BLE HIGH COURT OF KERALA.

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RESPONDENT'S/S EXHIBITS: EXHIBIT R4(a) TRUE COPY OF THE APPLICATION FOR LOAN SUBMITTED BY THE IST PETITIONER. EXHIBIT R4(b) TRUE COPY OF THE DATA NOW AVAILABLE IN THE SYSTEM OF THE 5TH RESPONDENT SOCIETY

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//TRUE COPY// P.A.TO JUDGE

P.Rajamma v. State of Kerala

Case brief

What is this about?

What did the court decide?

P.Rajamma 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

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