In this writ petition, the High Court of Kerala dismissed the petitioners' claim for the 'Risk Fund' scheme benefit. The Court held that the scheme applies only to members, and since the original borrower was not a member, the benefit could not be extended. The Court also barred a subsequent writ against a prior binding judgment.
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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 GOPINATH P.
MONDAY, THE 6TH DAY OF JUNE 2022 / 16TH JYAISHTA, 1944
WP(C) NO. 2255 OF 2022
PETITIONERS:
1SATHEESAN M.,
AGED 48 YEARS
S/O LATE MOHANAN N,NOONHIYIL HOUSE,MADIKAI P.O., NILESWARAM, KAZARAGODE DISTRICT, PIN-671 3142 SARADA N, AGED 65 YEARS,W/O LATE MOHANAN N, NOONHIYIL HOUSE, MADIKAI P.O.
NILESWARAM, KAZARAGODE DISTRICT, PIN-671 314
BY ADVS.
MATHEW KURIAKOSE
J.KRISHNAKUMAR (ADOOR)
MONI GEORGE
RESPONDENTS:
1 THE STATE OF KERALA REPRESENTED BY THE PRINCIPAL SECRETARY, DEPARTMENT OF CO-OPERATION, SECRETARIAT, THIRUVANANTHAPURAM-695 0012 THE PRINCIPAL SECRETARY, DEPARTMENT OF CO-OPERATION, GOVERNMENT OF KERALA, SECRETARIAT, THIRUVANANTHAPURAM-695 0013 THE REGISTRAR OF CO-OPERATIVE SOCIETIES, JAWAHAR SAHAKARANA BHAVAN, DPI JUNCTION, THYCAUD P.O., THIRUVANANHTAPURAM-695 014.4 THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES, KAZARAGODE, PIN-671 123.5 THE ASST. REGISTRAR OF CO-OPERATIVE SOCIETIES, HOSDURG, KAZARAGODE DISTRICT, PIN-671 3156 THE DISTRICT COLLECTOR, KAZARAGODE, CIVIL STATION, KAZARAGODE, PIN-671 123.7 THE NILESHWAR CO-OPERATIVE URBAN BANK LTD NO.S 281, NILESWAR, KAZARAGODE DISTRICT, PIN-671 314, REPRESENTED BY ITS CHIEF EXECUTIVE OFFICER8 THE CHIEF EXECUTIVE OFFICER, THE NILESHWAR CO-OPERATIVE URBAN BANK LTD NO S 281, NILESWAR, KAZARAGODE DISTRICT, PIN-671 314.9 THE AUTHORISED OFFICER, THE NILESHWAR CO-OPERATIVE URBAN BANK LTD, NO S 281, NILESWAR, KAZARAGODE DISTRICT, PIN-671 314.BY ADV SRI. LIJIN THAMBAN (SC)
SMT. K.B. SONY (GP)
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
06.06.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) No. 2255 OF 2022
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GOPINATH P., J.
===========================
WP(C) No.2255 OF 2022
============================ Dated this the 06th day of June, 2022
JUDGMENT
Petitioners have approached this Court stating that in respect of a loan availed by the father of the 1st petitioner/husband of the 2nd petitioner they are entitled to the benefit of Ext.P2 scheme as the original borrower had died during the tenure of the loan.
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instalments. Specific reference is made to the following directions in Ext.P5 judgment.
“I make it clear that the directions in this judgment are peremptory in nature and that the petitioner will have to comply with the same meticulously. I caution the petitioner that no further requests for extension or modification of this judgment, save in exceptional circumstances, will be permitted and that if the petitioner fails to comply with the directions herein, he will lose the benefit of this judgment and he will also
be foreclosed from challenging the measures/proceedings taken by the Bank under the SARFAESI Act and impugned in this writ petition before any other alternative Forum or Court.”
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loans availed by eligible borrowers. However, the petitioners have no case that the original borrower was a member of the Ext.P2 scheme or that any request was made for the same by the original borrower. Further, that there is a legal bar to the petitioners to approach this Court as Ext.P5 is a binding inter partes judgment. The petitioner cannot maintain a subsequent writ petition even if that be upon another cause of action. The contention of the petitioner that the benefit of the scheme referred to Ext.P10 must be extended, also cannot be granted for the reason that the said scheme applies only in respect of loan which have been repaid in full on or before 31.03.2022.
The Writ Petition is disposed of as above.
Sd/GOPINATH P. JUDGE
nk
WP(C) No. 2255 OF 2022
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APPENDIX OF WP(C) 2255/2022
PETITIONER EXHIBITS
Exhibit P1 |
TRUE COPY OF THEBOOK OF THE 1STPE |
FIRST PAGE OF THE SSLCTITIONER |
|---|---|---|
Exhibit P2 |
TRUE COPY OF THERELIEF SCHEME UNDRISK FUND SCHEME, |
KERALA CO-OPERATIVE DEBTER KERALA CO-OPERATIVE2008 |
Exhibit P3 |
TRUE COPY OF THEISSUED BY THE REGSOCIETIES DATED 3 |
CIRCULAR NO. 12/2009ISTRAR OF CO-OPERATIVE0.3.09 |
Exhibit P4 |
TRUE COPY OF THEISSUED BY THE REGSOCIETIES DATED 2 |
CIRCULAR NO. 33/2010ISTRAR OF CO-OPERATIVE5.6.2010 |
Exhibit P5 |
TRUE COPY OF THEIN WPC NO 6881 OFCOURT |
JUDGMENT DATED 28.3.20192019 OF THIS HON'BLE |
Exhibit P6 |
TRUE COPY OF THE22.12.2021 UNDERSARFAESI ACT ISSU |
POSSESSION NOTICE DATEDSECTION 13(2) OF THEED BY THE 9THRESPONDENT |
Exhibit P7 |
TRUE COPY OF THEBY THE SECOND PETCHIEF MINISTER OFEMAIL ID OF THE 120.1.2022 |
REPRESENTATION SUBMITTEDITIONER TO THE HON'BLEKERALA THROUGH THESTPETITIONER DATED |
Exhibit P8 |
TRUE COPY OF THE17.11.2011 OF MOHMADIKAI GRAMA PAN |
DEATH CERTIFICATE DATEDANAN N ISSUED BY THECHAYAT |
3 issues framed by the court
Whether petitioners as heirs of the deceased borrower are entitled to the benefit of the Ext.P2 (Risk Fund) scheme despite the original borrower not being enrolled in it.
Whether the petitioners can approach the Court despite an existing binding inter partes judgment (Ext.P5) allowing installment payment.
Whether petitioners, being financially sound, qualify for any government relief scheme.
Sathesan M.
Sarada N.
The State of Kerala
The Nilleswar Co-operative Urban Bank Ltd.
GOPINATH P.
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court