P Y Varghese Vs State of Kerala

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2025:KER:23624

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WP(C) NO.16184 OF 2023

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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 HARISANKAR V. MENON

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TUESDAY, THE 18TH DAY OF MARCH 2025 / 27TH PHALGUNA, 1946

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WP(C) NO.16184 OF 2023

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PETITIONERS:

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1 P Y VARGHESE AGED 72 YEARS, S/O. LATE P.G.YOVEL, PERUMALA HOUSE, CHANDANAPPALLY P.O., PATHANAMTHITTA DISTRICT, PIN – 689 648 (PRESENTLY RESIDING AT 1A, DD PLATINUM PLANET, KATHRIKADAVU, KALOOR P.O., ERNAKULAM DISTRICT, PIN – 682 017).

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2 ANNAMMA VARGHESE
AGED 69 YEARS, W/O. P.Y. VARGHESE,
PERUMALA HOUSE, CHANDANAPPALLY P.O.,
PATHANAMTHITTA DISTRICT, PIN – 689 648 (PRESENTLY
RESIDING AT 1A, DD PLATINUM PLANET, KATHRIKADAVU,
KALOOR P.O., ERNAKULAM DISTRICT, PIN – 682 017).

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3 REJI VARGHESE AGED 56 YEARS, S/O LATE P.G.YOVEL, PERUMALA HOUSE, CHANDANAPPALLY P.O., PATHANAMTHITTA DISTRICT, PIN – 689 648.

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4 SARA VARGHESE AGED 55 YEARS, W/O REJI VARGHESE, PERUMALA HOUSE, CHANDANAPPALLY P.O., PATHANAMTHITTA DISTRICT, PIN – 689 648.

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BY ADVS.
JACOB P.ALEX
AMAL AMIR ALI
MANU SANKAR P.
JOSEPH P.ALEX

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WP(C) NO.16184 OF 2023

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2025:KER:23624

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RESPONDENTS:

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1 STATE OF KERALA REP. BY THE GOVERNMENT SECRETARY FOR COOPERATION, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695 001.

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2 REGISTRAR OF COOPERATIVE SOCIETIES OFFICE OF REGISTRAR OF COOPERATIVE SOCIETIES, JAWHARSAHAKARANABHAVAN, DPI JUNCTION, THYCAUD P.O., THIRUVANANTHAPURAM. PIN - 695 014.

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3 JOINT REGISTRAR OF COOPERATIVE SOCIETIES (GENERAL), OFFICE OF THE JOINT REGISTRAR OF COOPERATIVE SOCIETIES, MINI CIVIL STATION, PATHANAMTHITTA, PIN – 689645.

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4 ASSISTANT REGISTRAR OF COOPERATIVE SOCIETIES (GENERAL), KONNI OFFICE OF ASSISTANT REGISTRAR (GENERAL)OF COOPERATIVE SOCIETIES, MINI CIVIL STATION, KONNI, PATHANAMTHITTA DISTRICT, PIN – 689691.

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5 MYLAPRA SERVICE CO-OPERATIVE BANK LTD. NO.639, REPRESENTED BY ITS SECRETARY, MYLAPRA TOWN P.O., PATHANAMTHITTA DISTRICT, PIN 689 678.

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6 BRANCH MANAGER MYLAPRA SERVICE CO-OPERATIVE BANK LTD. NO.639, MYLAPRA TOWN BRANCH, MYLAPRA TOWN P.O., PATHANAMTHITTA DISTRICT, PIN 689 678.

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7 DEPUTY REGISTRAR OF CO-OPERATIVE SOCIETIES (ADMINISTRATION) (SOUGHT TO BE IMPLEADED) MINI CIVIL STATION, PATHANAMTHITTA, PIN 689 645. (SOUGHT TO BE IMPLEADED)

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8 ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES (PLANNING) (SOUGHT TO BE IMPLEADED) MINI CIVIL STATION, PATHANAMTHITTA, PIN 689 645. (SOUGHT TO BE IMPLEADED)

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9 ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES (GENERAL), KOZHENCHERRY (SOUGHT TO BE IMPLEADED) MINI CIVIL STATION, PATHANAMTHITTA, PIN 689 645 (SOUGHT TO BE IMPLEADED)

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WP(C) NO.16184 OF 2023

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2025:KER:23624

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10 ADMINISTRATIVE COMMITTEE (SOUGHT TO BE IMPLEADED)
REPRESENTED BY ITS CONVENER, THE MYLAPRA SERVICE
CO-OPERATIVE BANK LTD. NO. 639, MYLAPRA TOWN P.O.,
PATHANAMTHITTA DISTRICT, PIN 689 678, (SOUGHT TO BE
IMPLEADED)

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BY ADVS.
BIMAL K.NATH
P.D.SUBRAMANIAN NAMPOOTHIRI(K/34/1996)
DIVYA C BALAN(K/922/2002)

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OTHER PRESENT:

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SRI T JAYAN, GP

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THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
18.03.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C) NO.16184 OF 2023

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2025:KER:23624

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JUDGMENT

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The petitioners are stated to have made certain deposits with the 5^th respondent herein. Petitioners have filed the captioned writ petition pointing out that various amounts have to be paid from the side of the 5^th and 6^th respondents pursuant to Exts.P1 and P2 and in spite of submitting Ext.P3, seeking disbursal of the afore amounts, payments are not being effected by the respondents.

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I notice that, according to the petitioners, substantial amounts (in excess of Rs.19 lakhs) are held by respondents 5 and 6. The petitioners have submitted Ext.P3 application seeking disbursal of the afore amounts for the reasons stated therein.

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In such circumstances, I am of the opinion that this writ petition can be disposed of with the following directions:

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(i) 3^rd respondent herein to consider and pass orders on Ext.P3 application filed by the petitioner as expeditiously as possible at any

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2025:KER:23624

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WP(C) NO.16184 OF 2023

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rate, within a period of four weeks from the date of receipt of a certified copy of this judgment.

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(ii) The 3^rd respondent, while passing orders as above to take note of the age of the 1^st petitioner as well as the nature of the deposits held with respondents 5 and 6 and direct the 5^th and 6^th respondents to transfer the amounts if they are

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already due to the petitioner, as expeditiously as possible, at any rate, within the afore mentioned period.

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Sd/-

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HARISANKAR V. MENON

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JUDGE

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Skk//20.03.2025

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WP(C) NO.16184 OF 20232025:KER:23624

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APPENDIX OF WP(C) NO.16184 OF 2023

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PETITIONERS’ EXHIBITS:

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EXHIBIT P1 TRUE COPY OF THE PASSBOOK OF THE SAVING BANK
ACCOUNT NO.0111000002778
EXHIBIT P2 TRUE COPY OF THE PASSBOOK OF THE SAVING BANK
ACCOUNT NO.0111000006166
EXHIBIT P3 TRUE COPY OF THE REPRESENTATION DATED
10-05-2023 TO THE 3RD RESPONDENT

P Y Varghese v. State of Kerala

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P Y Varghese v. State of Kerala

Case brief

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