The High Court held the writ petition infructuous. Although the petitioner sought to quash an award against the deceased husband and claim insurance coverage, the loan account was already closed via a One Time Settlement by the petitioner's son, rendering no relief necessary.
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 C. JAYACHANDRAN
FRIDAY, THE 23RD DAY OF SEPTEMBER 2022 / 1ST ASWINA, 1944
W.P.(C) NO.16505 OF 2014
PETITIONER:
RABIA, W/O.LATE AMMADU KOYA MANDIYATTU HOUSE, KARIYATHANKAVU P.O., BALUSSERY VILLAGE, BALUSSERY, KOZHIKODE DISTRICT-673 612.
BY ADV SRI.JOHN JOSEPH(ROY)
RESPONDENTS:
1 NANMINDA RURAL CO-OPERATIVE HOUSING SOCIETY LTD. NO.D-1988, REPRESENTED BY ITS SECRETARY, NANMINDA P.O., KOZHIKODU DIST., PIN: 673 613.
2 SENIOR INSPECTOR OF CO-OPERATIVE SOCIETIES & SALES OFFICER, KERALA STATE CO-OPERATIVE HOUSING FEDERATION, KOZHIKODE-673 613. 3 THE LIFE INSURANCE CORPORATION OF INDIA KOZHIKOD DIVISIONAL OFFICE, KOZHIKODE, REPRESENTED BY ITS DIVISIONAL MANAGER, KOZHIKODE-673 001. 4 THE REGISTRAR OF CO-OPERATIVE SOCIETIES, OFFICE OF THE REGISTRAR, THIRUVANANTHAPURAM -695 001. R1 SRI.P.C.SASIDHARAN R3 SRI.K.MOHANAKANNAN R2&R4 SRI.E.C.BINEESH, GOVERNMENT PLEADER THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 23.09.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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W.P.(C) NO.16505 OF 2014
C.JAYACHANDRAN, J.
-----------------------------------------W.P.(C) No.16505 of 2014 -----------------------------------------Dated this the 23rd day of September, 2022
JUDGMENT
Ext.P1 award of the Deputy/Assistant Registrar
of Co-operative Societies is under challenge in this
writ petition. One among the grounds of challenge is
that Ext.P1 award has been made against a dead
person. It is the petitioner's contention that the
housing loan availed by the petitioner's husband from
the 1st respondent Co-operative Society was duly
insured under the General Insurance Scheme of
the 3rd respondent/LIC of India, wherefore the 3rd
respondent stands duty bound to close the loan
account upon the death of the principal borrower on
17.08.2009. On such premise, the petitioner seeks
Ext.P1 award to be quashed by issuing a writ of
certiorari and to command the 1st respondent to close
the loan account of the petitioner's husband by
availing the insurance coverage with the 3rd
respondent.
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W.P.(C) NO.16505 OF 2014
the 1st respondent Society contended that the loan
account has been closed by the petitioner's son by availing a One Time Settlement Scheme of the Society, wherefore, the present writ petition has become infructuous. Having settled the loan account, it is
futile for the petitioner now to contend that the loan account should have been closed necessarily by
availing the insurance coverage with the 3rd respondent LIC.
appearing for the 3rd respondent Insurance Company submitted that, as per the agreement, the insurance
would avail only as against the surety and not
against the principal borrower and therefore, the death of the principal borrower is not an
eventuality, where the indemnification vide insurance coverage can be pressed into servive.
for the respective parties, this Court finds that the subject matter of the instant writ petition has
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W.P.(C) NO.16505 OF 2014
become infructuous. The petitioner wanted to quash
Ext.P1 award, as also, a stay for all further
proceedings therein. The petitioner also wanted the 3rd respondent insurance company to indemnify the petitioner with respect to the amount outstanding in the loan account of her husband. However, as pointed
out by the learned counsel for the 1st respondent Society, the loan account stands closed by virtue of the payment effected by none other than the petitioner's son by availing the One Time Settlement facility.
In the circumstances, nothing survives in the writ petition and the same is therefore closed as infructuous.
Sd/- C. JAYACHANDRAN JUDGE
bpr
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W.P.(C) NO.16505 OF 2014
APPENDIX
PETITIONER'S EXHIBITS
| EXHIBIT P1 | TRUE COPY OF THE AWARD PASSED AGAINST THE LATE DATED 23/8/2012. |
|---|---|
| EXHIBIT P2 | TRUE COPY OF THE REPRESENTATION TO THE 4TH RESPONDENT DATED 6/10/2012. |
| EXHIBIT P3 | TRUE COPY OF THE REMINDER DATED 19/6/2013 DESPATCHED ON 27/6/2013. |
| EXHIBIT P4 | TRUE COPY OF THE LETTER ISSUED BY THE 2ND RESPONDENT DATED 1/7/2013. |
| EXHIBIT P5 | TRUE COPY OF THE LETTER TO REGISTRAR OF CO-OPERATIVE SOCIETIES KOZHIKODE DATED 18/10/2013. |
| EXHIBIT P6 | TRUE COPY A COMMUNICATION UNDER THE RTI ACT 2006. |
| EXHIBIT P7 | TRUE COPY OF THE LETTER BY THE KERALA STATE HOUSING FEDERATION DATED 8/5/2008. |
| EXHIBIT P8 | TRUE COPY OF CLARIFICATION ISSUED FROM THE LIC DATED 18/10/2008. |
| EXHIBIT P9 | TRUE COPY OF THE DETAILS OF THE LOAN OF THE LATE HUSBAND OF THE PETITIONER |
| EXHIBIT R1(A) | TRUE COPY OF THE RECEIPTS EVIDENCING THE PAYMENT MADE BY THE PETITIONER. |
| ANNEXURE R1(B) | TRUE COPY OF THE PROCEEDINGS APPROVING THE ONE TIME SETTLEMENT. |
| ANNEXURE R1(C) | TRUE COPY OF THE RESOLUTION OF THE SOCIETY. |
1 issue framed by the court
Whether the writ petition seeking to quash the award and claim insurance indemnity survives given the loan account was closed via One Time Settlement.
RABIA
NANMINDA RURAL CO-OPERATIVE HOUSING SOCIETY LTD.
SENIOR INSPECTOR OF CO-OPERATIVE SOCIETIES & SALES OFFICER, KERALA STATE CO-OPERATIVE HOUSING FEDERATION
THE LIFE INSURANCE CORPORATION OF INDIA
THE REGISTRAR OF CO-OPERATIVE SOCIETIES
C. JAYACHANDRAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
