Petitioner member of a co-operative bank approached the Court seeking mandamus for refund of alleged excess amount collected. Court held it is a monetary dispute; petitioner exhausted alternate remedy. Petition dismissed.
The writ petition for refund is dismissed as it is not maintainable for monetary claim without exhausting alternate remedy.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
TUESDAY, THE 12TH DAY OF DECEMBER 2023/21ST AGRAHAYANA, 1945 WP(C) NO. 9411 OF 2023
PETITIONER:
PRATHAPAN AGED 66 YEARS S/O. VASU PANICKAR, MARUTHARAVILAKATHU VEEDU, POONKODE, BHAGAVATHYNADA P.O., THIRUVANANTHAPURAM, PIN – 695501
BY ADV V.S.BABU GIREESAN
RESPONDENTS:
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BY ADVS. C.S.MANU DILU JOSEPH(D-125) T.B.SIVAPRASAD(K/17/2007) C.A.ANUPAMAN(A-503) C.Y.VIJAY KUMAR(K/152/2014) MANJU E.R.(K/000401/2016) ANANDHU SATHEESH(K/613/2020) ALINT JOSEPH(K/505/2020) PAUL JOSE(K/000862/2020) SRI.DHEERAJ A.S., GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 12.12.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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N. NAGARESH, J.
W.P.(C) No.9411 of 2023
Dated this the 12th day of December, 2023
J U D G M E N T
~ ~ ~ ~ ~ ~ ~ ~ ~
The petitioner, who is a member of the 3rd respondent-Pallichal Farmers Co-operative Bank Limited, has approached this Court seeking to issue a writ of mandamus to the 3rd respondent to pay back an amount of ₹2,98,291/- to the petitioner.
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₹6 lakhs and interest amount as ₹1,60,000/-. The petitioner states that it was suppressing the true account of the petitioner that the petitioner was made to pay ₹10,48,219/-. The petitioner sent Ext.P3 lawyer notice. However, the respondents did not pay back the excess amount collected from the petitioner.
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Kudissika Nivarana Padhathi.
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petitioner seeks refund of the alleged excess amount collected by the 3rd respondent. Therefore, this is only a monetary dispute. The petitioner is seeking a writ of mandamus for refund. The petitioner has not approached any competent authority seeking refund, before approaching this Court. Furthermore, the petitioner being a member of the 3rd respondent-Co-operative Bank, has an efficacious alternate remedy under Section 89 of the Kerala Cooperative Societies Rules to realise the money.
For all the afore reasons, the writ petition is not maintainable for the monetary claim. The writ petition is therefore dismissed.
Sd/-
N. NAGARESH, JUDGE
aks/12.12.2023
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APPENDIX OF WP(C) 9411/2023
PETITIONER'S EXHIBITS
| Exhibit P1 | TRUE COPY OF | THE RECEIPT DATED |
|---|---|---|
| 20/02/2023 ISS RESPONDENT |
UED BY THE 3RD | |
| Exhibit P2 | TRUE COPY OF THE 22/02/2023 ISS RESPONDENT |
RELEASED DEED DATED UED BY THE 3RD |
| Exhibit P3 | TRUE COPY OF THE 01/03/2023 ISSUE |
LAYWERS NOTICE DATED TO THE 3RD RESPONDENT |
| Exhibit P4 RESPONDENT'S EXH |
TRUE COPY OF TH NOTICE ISSUED BY IBITS |
E ACKNOWLEDGEMENT OF THE 3RD RESPONDENT |
| Exhibit R-3(a) | True copy of the | Gahan dated 16-3-2023 |
| executed by an respondent bank petitioner |
d between the 3rd with respect to the |
2 issues framed by the court
Whether a writ of mandamus is maintainable for a monetary dispute regarding a refund of alleged excess loan amount collected from a member of a cooperative bank.
Whether the petitioner has an efficacious alternate remedy under Section 89 of Kerala Cooperative Societies Rules before approaching the High Court.
Prathapan
State of Kerala and Others
Pallichal Farmers Co-operative Bank Ltd
N. NAGARESH
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
