Disposed

Sharmila Surendran, v. State of Kerala

Kerala HC1 Feb 2024WP(C)/12596/2023

Case brief

AI extract

What is this about?

Four writ petitions filed by various depositors against the State and Registrar of Co-operative Societies were admitted along with connected cases. The Court disposed of the petitions by applying the directions issued in a previous judgment dated 25.01.2024 without granting any specific relief on merits.

What did the court decide?

Petitions disposed; directions in connected judgment applicable.

Sharmila Surendran, Vs State of Kerala — Pension and Retirement Benefits | Kerala HC (2024)

¶1

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶2

PRESENT

¶3

THE HONOURABLE MR. JUSTICE GOPINATH P.

¶4

THURSDAY, THE 1ST DAY OF FEBRUARY 2024 / 12TH MAGHA, 1945

¶5

WP(C) NO. 22398 OF 2021

¶6

PETITIONER:

¶7

MRS. KUMARI DEEPA KRISHNAN,
AGED 45 YEARS,
W/O MADHUKUTTAN, KANNIMEL THAKIDIYIL,
VETTIYAR P.O, ALAPPUZHA-690 558.

¶8

BY ADVS.
GISA SUSAN THOMAS
ANJANA G.
JOBIN JOSE P.

¶9

RESPONDENTS:

¶10

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

¶11

2 THE REGISTRAR OF CO-OPERATIVE SOCIETIES, THIRUANANTHAPURAM-695 001.

¶12

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.

¶13

4 THE ASSISTANT REGISTRAR, OFFICE OF THE ASSISTANT REGISTRAR, CO-OPERATIVE SOCIETY, MAVELIKKARA-690 101.

¶14

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

¶15

6 MAVELIKKARA TALUK CO-OPERATIVE BANK LTD. NO. 707, MAVELIKKARA P.O, ALAPPUZHA-690 101, REP. BY ITS SECRETARY

¶16

WP(C) NO. 22398/2021 AND CONNECTED CASES

¶17

¶18

BY ADVS.
ASHOK SHENOY B
P.S.GIREESH(K/341/2013)
ARJUN R NAIK(K/001044/2020)
THEJALAKSHMI R.S.(K/001390/2022)
UMASANKER U.U.(K/002793/2023)

¶19

SRI.BINOY DAVIS, GP

¶20

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 01.02.2024, ALONG WITH WP(C).10635/2022, 12596/2023 AND
CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:

¶21

WP(C) NO. 22398/2021 AND CONNECTED CASES

¶22

¶23

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶24

PRESENT

¶25

THE HONOURABLE MR. JUSTICE GOPINATH P.

¶26

THURSDAY, THE 1ST DAY OF FEBRUARY 2024 / 12TH MAGHA, 1945
WP(C) NO. 10635 OF 2022

¶27

PETITIONERS:

¶28

1K.K.GEORGE.,
AGED 74 YEARS
S/O.K.G. KOCHUKUTTY, GORGEOUS BUNGALOW,
PUNNAMMOOD, MEVELIKKARA - 690 101.

¶29

2GEOBY GEORGE,
S/O.K.K. GEORGE, GORGEOUS BUNGALOW, PUNNAMMOOD,
MEVELIKKARA - 690 101.

¶30

3MARY GEORGE,
AGED 68 YEARS
W/O.K.K. GEORGE, GORGEOUS BUNGALOW, PUNNAMMOOD,
MEVELIKKARA - 690 101.

¶31

BY ADVS.
GEORGE VARGHESE(PERUMPALLIKUTTIYIL)
P.J.JOE PAUL
MANU SRINATH
RAJAN G. GEORGE
A.R.DILEEP
NIMESH THOMAS

¶32

RESPONDENTS:

¶33

1 MAVELIKKARA TALUK CO-OPERATIVE BANK LTD.NO. 707, REPRESENTED BY ITS SECRETARY, PULIMOODU JUNCTION, MAVELIKKARA, ALAPPUZHA - 690 101.

¶34

2PRESIDENT,
MANAGING COMMITTEE, MAVELIKARA TALUK CO -
OPERATIVE BANK LTD. NO. 707, PULIMOODU JUCNTION,
MAVELIKKARA,ALAPPUZHA - 690 101.

¶35

WP(C) NO. 22398/2021 AND CONNECTED CASES

¶36

¶37

3BRANCH MANAGER,
MAVELIKKARA TALUK CO-OPERATIVE BANK LTD. NO. 707,
PUNNAMOOD BRANCH, MAVELIKKARA,
ALAPPUZHA DISTRICT - 690 101.

¶38

BY ADVS.
ASHOK SHENOY B
P.S.GIREESH(K/341/2013)
ARJUN R NAIK(K/001044/2020)
THEJALAKSHMI R.S.(K/001390/2022)
UMASANKER U.U.(K/002793/2023)

¶39

SRI.BINOY DAVIS, GP

¶40

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 01.02.2024, ALONG WITH WP(C).22398/2021 AND CONNECTED
CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

¶41

WP(C) NO. 22398/2021 AND CONNECTED CASES

¶42

¶43

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶44

PRESENT

¶45

THE HONOURABLE MR. JUSTICE GOPINATH P.

¶46

THURSDAY, THE 1^ST DAY OF FEBRUARY 2024 / 12TH MAGHA, 1945 WP(C) NO. 12596 OF 2023

¶47

PETITIONER:

¶48

SHARMILA SURENDRAN,
AGED 50 YEARS,
D/O LATE. PUSHPANGATHAN, ERICKALETHU PUTHENVEEDU,
PALLICKAL NADUVILEMURI, PALLICKAL PO, ALAPPUZHA
DISTRICT,PIN – 690 503

¶49

BY ADVS.

¶50

U.BALAGANGADHARAN
R.PRADEEP KUMAR

¶51

RESPONDENTS:

¶52

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

¶53

2 THE REGISTRAR OF CO-OPERATIVE SOCIETIES, OFFICE OF THE REGISTRAR OF CO-OPERATIVE SOCIETIES, JAWAHAR SAHAKARANA BHAVAN, DPI JUNCTION, THYCAUD P.O, THIRUVANANTHAPURAM, PIN – 695 014.

¶54

3 MAVELIKARA TALUK CO-OPERATIVE BANK LTD NO.707, MAVELIKARA PO, ALAPPUZHA DISTRICT, PIN - 690 101 REPRESENTED BY ITS SECRETARY.

¶55

4 THE PRESIDENT, MAVELIKARA TALUK CO-OPERATIVE BANK LTD NO.707,MAVELIKARA PO, ALAPPUZHA DISTRICT, PIN – 690 101.

¶56

WP(C) NO. 22398/2021 AND CONNECTED CASES

¶57

¶58

BY ADVS.
ASHOK SHENOY B,SC
P.S.GIREESH(K/341/2013)
ARJUN R NAIK(K/001044/2020)
THEJALAKSHMI R.S.(K/001390/2022)
AARON ZACHARIAS BENNY(K/001533/2023)

¶59

SRI.BINOY DAVIS, GP

¶60

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 01.02.2024, ALONG WITH WP(C).22398/2021 AND CONNECTED
CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

¶61

WP(C) NO. 22398/2021 AND CONNECTED CASES

¶62

¶63

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶64

PRESENT

¶65

THE HONOURABLE MR. JUSTICE GOPINATH P.

¶66

THURSDAY, THE 1^ST DAY OF FEBRUARY 2024 / 12TH MAGHA, 1945 WP(C) NO. 22411 OF 2021

¶67

PETITIONER:

¶68

RESHMI RAJAN,
AGED 35 YEARS,
W/O. ARUN.K., VELUTHADATHU KIZHAKKATHIL,
THAZHAKKARA P.O., MAVELIKKARA-690 102.

¶69

BY ADVS.
GISA SUSAN THOMAS
ANJANA G.
JOBIN JOSE P.

¶70

RESPONDENTS:

¶71

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

¶72

2 THE REGISTRAR OF CO-OPRATIVE SOCIETIES, THIRUVANANTHAPURAM-695 001.

¶73

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.

¶74

4 THE ASSISTANT REGISTRAR, OFFICE OF THE ASSISTANT REGISTRAR, CO-OPERATIVE SOCIETY, MAVELIKKARA-690 101.

¶75

5 PRESIDENT,

¶76

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

¶77

WP(C) NO. 22398/2021 AND CONNECTED CASES

¶78

¶79

6 MAVELIKKARA TALUK CO-OPERATIVE BANK LTD. NO.707, MAVELIKKARA P.O., ALAPPUZHA-690 101, REP. BY ITS SECRETARY

¶80

BY ADVS.
ASHOK SHENOY B
P.S.GIREESH(K/341/2013)
ARJUN R NAIK(K/001044/2020)
THEJALAKSHMI R.S.(K/001390/2022)
UMASANKER U.U.(K/002793/2023)

¶81

SRI.BINOY DAVIS, GP

¶82

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 01.02.2024, ALONG WITH WP(C).22398/2021 AND CONNECTED
CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

¶83

WP(C) NO. 22398/2021 AND CONNECTED CASES

¶84

¶85

JUDGMENT

¶86

[WP(C) Nos.22398/2021, 22411/2021, 10635/2022 & 12596/2023]

¶87

The directions contained in the judgment dated 25.01.2024 in W.P.(C)No.30951 of 2017 and connected cases will apply in the case of the petitioners in these writ petitions as well.

¶88

These writ petitions will stand disposed of as above.

¶89

Sd/GOPINATH P. JUDGE

¶90

¶91

WP(C) NO. 22398/2021 AND CONNECTED CASES

¶92

¶93

APPENDIX OF WP(C) 10635/2022

¶94

PETITIONER EXHIBITS

¶95

`Exhibit P1`	`A TRUE COPY OF THE PASS BOOK ISSUED BY` `IST RESPONDENT BANK TO THE IST` `PETITIONER.`
`Exhibit P2`	`A TRUE COPY OF THE PASS BOOK ISSUED BY` `IST RESPONDENT BANK TO THE 2ND` `PETITIONER.`
`Exhibit P2(A)`	`A TRUE COPY OF THE FD RECEIPT NO.` `FD.3358/2016-17 ISSUED BY THE PUNNAMOOD` `BRANCH OF THE IST RESPONDENT BANK.`
`Exhibit P2 (B)`	`A TRUE COPY OF THE FD RECEIPT NO.` `FD.3396/2016-17 ISSUED BY THE PUNNAMOOD` `BRANCH OF THE IST RESPONDENT BANK.`
`Exhibit P2 (C)`	`A TRUE COPY OF THE FD PRECEPTS NO.` `FD.3430/2016-17 ISSUED BY THE PUNNAMOOD` `BRANCH OF THE IST RESPONDENT BANK.`
`Exhibit P3`	`A TRUE COPY OF THE FD RECEIPT NO.` `FD.3223/2016-17 ISSUED BY THE PUNNAMOOD` `BRANCH OF THE IST RESPONDENT BANK.`
`Exhibit P4`	`A TRUE COPY OF THE JUDGMENT DATED` `10.10.2017 IN WPC NO. 28803 OF 2017` `PASSED BY THE HONBLE HIGH COURT.`
`Exhibit P5`	`A TRUE COPY OF JUDGMENT DATED 07.12.2020` `IN W.A. NO. 1245 OF 2020 PASSED BY THE` `HONBLE HIGH COURT.`
`Exhibit P6`	`A TRUE COPY OF THE COMPLAINT DATED` `29.11.2021 PREFERRED BY THE IST` `PETITIONER BEFORE THE MINISTER FOR CO -` `OPERATION AND REGISTRATION, GOVERNMENT` `OF KERALA ALONG WITH THE POSTAL RECEIPT` `AND ACKNOWLEDGEMENT DATED 15.12.2021.`
`Exhibit P7`	`A TRUE COPY OF THE LETTER DATED` `15.01.2020 ISSUED BY THE JOINT REGISTRAR` `(GENERAL), ALAPPUZHA TO THE ASSISTANT` `REGISTRAR (GENERAL), MAVELIKKARA.`

¶96

WP(C) NO. 22398/2021 AND CONNECTED CASES

¶97

¶98

APPENDIX OF WP(C) 12596/2023

¶99

PETITIONER EXHIBITS

¶100

Exhibit P 1A TRUE COPY OF THE ACCOUNT BOOK OF THE
PETITIONER
Exhibit P 2A TRUE COPY OF THE REPRESENTATION
SUBMITTED BY THE PETITIONER TO THE 3RD
RESPONDENT DATED 20.10.2022

¶101

WP(C) NO. 22398/2021 AND CONNECTED CASES

¶102

¶103

APPENDIX OF WP(C) 22411/2021

¶104

PETITIONER EXHIBITS

¶105

`Exhibit P1`	`COPY OF THE CUMULATIVE DEPOSIT ACCOUNT` `NO.CD 1343/2012-13 (DEPOSIT CERTIFICATE` `NO.019473) FOR RS.3,08,000/- OF THE` `PETITIONER ISSUED BY MAVELIKKARA TALUK` `CO-OPERATIVE BANK LTD NO.707`
`Exhibit P2`	`COPY OF THE SURCHARGE ORDER NO.CRP (2)` `6713/2016/2 SC DATED 28.02.2020 PASSED` `BY THE 3RD RESPONDENT UNDER SECTION 68`
	`(2) OF THE KERALA CO-OPERATIVE SOCIETIES` `ACT`

¶106

WP(C) NO. 22398/2021 AND CONNECTED CASES

¶107

¶108

APPENDIX OF WP(C) 22398/2021

¶109

PETITIONER EXHIBITS

¶110

Exhibit P1COPY OF THE PASS BOOK DETAILS OF THE
SAVING BANK DEPOSIT ACCOUNT NO SB 1697
FOR RS.2,76,590/ OF THE PETITIONER
ISSUED BY MAVELIKARA TALUK CO-OPERATIVE
BANK LTD. NO.707
Exhibit P2COPY OF THE APPLICATION SUBMITTED BY THE
PETITIONER WITH 5TH AND 6TH RESPONDENTS
TO RELEASE THE INTEREST OF THE FIXED
DEPOSIT AND THE AMOUNT WHICH IS
DEPOSITED IN THE SAVING BANK ACCOUNT

Sharmila Surendran, v. State of Kerala

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Sharmila Surendran, v. State of Kerala

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