Allowed

P.Vijayan v. State of Kerala

Kerala HC1 Apr 2024WP(C)/1260/2024

Case brief

AI extract

What is this about?

Petitioners sought directions for the refund of matured fixed deposits from a cooperative society. The court, noting non-compliance with prior orders and non-appearance of respondents, allowed the writ petition and directed the society to repay the amounts within four months.

What did the court decide?

Direction issued to return proceeds of fixed deposits covered by Exhibits P1 to P5, along with accrued interest, within four months from receipt of the judgment.

P.Vijayan Vs State of Kerala — Cooperative Societies | Kerala HC (2024)

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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 DEVAN RAMACHANDRAN

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MONDAY, THE 1ST DAY OF APRIL 2024 / 12TH CHAITHRA, 1946

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WP(C) NO. 1260 OF 2024

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PETITIONERS:

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1 P.VIJAYAN

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AGED 68 YEARS

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S/O. MADHAVAN NAIR, SREEVALSAM, EAST FORT ROAD, PALAKKAD,
PIN - 678001

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2 GEETHA M.N

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AGED 65 YEARS

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W/O P.VIJAYAN, SREEVALSAM, EAST FORT ROAD, PALAKKAD, PIN - 678001

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BY ADV U.BALAGANGADHARAN

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RESPONDENTS:

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1 STATE OF KERALA, REPRESENTED BY ITS SECRETARY, CO-OPERATIVE DEPARTMENT, GOVERNMENT OF KERALA, THIRUVANANTHAPURAM, PIN - 695001

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2 THE REGISTRAR OF CO-OPERATIVE SOCIETIES THIRUVANANTHAPURAM, PIN - 695001

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3 THE ASSISTANT REGISTRAR (GENERAL) CO-OPERATIVE DEPARTMENT, CIVIL STATION, PALAKKAD, PIN - 678001

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4 KUZHALMANNDAM BLOCK RURAL CREDIT CO-OP SOCIETY LTD. NO. P.1321, REPRESENTED BY ITS SECRETARY, KANNANUR, KANNADI (PO), PALAKKAD, PIN - 678701

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5 THE SECRETARY

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KUZHALMANNDAM BLOCK RURAL CREDIT CO-OP SOCIETY LTD. NO. P.1321, REPRESENTED BY ITS SECRETARY, KANNANUR, KANNADI (PO), PALAKKAD, PIN - 678701

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6 THE PRESIDENT & BOARD OF DIRECTORS KUZHALMANNDAM BLOCK RURAL CREDIT CO-OP SOCIETY LTD. NO. P.1321, KANNANUR, KANNADI (PO), PALAKKAD, PIN - 678701

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SMT C S SHEEJA-SR.GP

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
01.04.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C) NO. 1260 OF 2024

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JUDGMENT

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The petitioners say that they have deposited

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certain amounts, as per Exts.P1 to P5 Fixed
Deposit Receipts, with the 4th respondent; and

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alleges that even though its terms have now
matured, the said Society is refusing to pay
back the proceeds. They say that, they have,
therefore, been constrained to approach this
Court, seeking directions to the 4th respondent
to pay back the principle amount along with
accrued interest on Exts.P1 to P5, within a time
frame to be fixed by this Court.

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2.Sri.Balagangadharan Unikkat – learned

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counsel for the petitioner, further submitted
that, when the 4th respondent had earlier refused
to pay back the proceeds of the Fixed Deposits,
his client had approached the 3rd respondent –

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WP(C) NO. 1260 OF 2024

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Assistant Registrar, who issued Ext.P6 order to

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the said Bank directing them to repay the
amounts there under without any avoidable delay.
He pointed out that, even these instructions has

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been blatantly violated by the 4th respondent,
and thus prayed that the reliefs sought for in
this writ petition be granted, including that
necessary action be ordered to be initiated
against the said Bank for violation of lawful
orders and misappropriation and mismanagement of
their funds.

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3.Even though service of summons from this
Court has been validly completed on respondents
4 to 6, they have chosen to be not present in
person or to be represented through the counsel.
This Court, therefore, is constrained to proceed
with this writ petition in their absence.

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–
4.Smt.C.S.Sheejalearned Senior

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WP(C) NO. 1260 OF 2024

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Government Pleader, in response, submitted that
the complaint of the petitioners have been taken
serious note of by the 3rd respondent and Ext.P6
issued to them; but that if they have refused to
abide by the same, then they will have to face
necessary statutory consequences. She added
that, though no specific action has been taken
based on Ext.P6, certain earlier proceedings
have already been initiated against the Bank -
both under Section 32 and Section 68 of the
Kerala Co-operative Societies Act (‘KCS Act’ for
short); but that they have been challenged
before this Court - however, only qua the
Section 68 proceedings – which has been stayed
by this Court therein.

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Taking note of the afore submissions and
since the 4th respondent is refusing to appear, I

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allow this writ petition and direct its

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WP(C) NO. 1260 OF 2024

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competent Authority to return the proceeds of
the Fixed Deposits covered by Exts.P1 to P5,
along with accrued interest to the petitioners,
in terms of Ext.P6 order, as expeditiously as is
possible, but not later than four months from
the date of receipt of a copy of this judgment.
If the 4th respondent refuses or failes to
comply with the afore directions, the petitioner
will be at full liberty to approach this Court
again; for which purpose, all contentions are
left open.

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 Sd/-

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DEVAN RAMACHANDRAN

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JUDGE

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SAS

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WP(C) NO. 1260 OF 2024

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APPENDIX OF WP(C) 1260/2024

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PETITIONER’S EXHIBITS:

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`Exhibit P 1`	`A TRUE`	`COPY OF COPY`	`THE FIXED DEPOSIT RECEIPT`
	`[F.D.R.` `THE FOU`	`]NO. 6436 D` `RTH RESPONDENT`	`ATED 21.1.2019 ISSUED BY` `SOCIETY`
`Exhibit P 2`	`A TRUE` `6588 D` `THE FOU`	`COPY OF THE` `ATED 21.2.2019` `RTH RESPONDENT`	`FIXED DEPOSIT RECEIPT NO.` `FOR RS.5 LAKHS ISSUED BY` `SOCIETY`
`Exhibit P 3`	`A TRUE` `DATED` `FOURTH`	`COPY OF FIXED` `23.2.2019 FOR` `RESPONDENT I`	`DEPOSIT RECEIPT NO. 6596` `RS.4 LAKHS ISSUED BY THE`
`Exhibit P 4`	`A TRUE` `DATED` `FOURTH`	`COPY OF FIXE` `23.2.2019 FOR` `RESPONDENT`	`D DEPOSIT RECEIPT NO.6595` `RS.4 LAKHS ISSUED BY THE`
`Exhibit P 5`	`A TRUE` `DATED` `FOURTH`	`COPY OF FIXED` `25.2.2020 FOR` `RESPONDENT`	`DEPOSIT RECEIPT NO. 6599` `RS.2 LAKHS ISSUED BY THE`
`Exhibit P 6`	`A TRUE` `RESPOND` `PETITIO`	`COPY OF THE` `ENT DATED 1` `NER`	`LETTER ISSUED BY THE 3RD` `5.2.2023 TO THE FIRST`

P.Vijayan v. State of Kerala

Case brief

What is this about?

What did the court decide?

P.Vijayan v. State of Kerala

Case brief

What is this about?

What did the court decide?

What the court decided

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Statutes considered

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