MRS. KUMARI DEEPA KRISHNAN v. STATE OF KERALA

SRI.BINOY DAVIS, GP 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: WP(C) NO. 22398/2021 AND CONNECTED CASES 3 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE GOPINATH P. THURSDAY, THE 1ST DAY OF FEBRUARY 2024 / 12TH MAGHA, 1945 WP(C) NO. 10635 OF 2022 PETITIONERS: 1 2 3 K.K.GEORGE., AGED 74 YEARS S/O.K.G. KOCHUKUTTY, GORGEOUS BUNGALOW, PUNNAMMOOD, MEVELIKKARA - 690 101. GEOBY GEORGE, S/O.K.K. GEORGE, GORGEOUS BUNGALOW, PUNNAMMOOD, MEVELIKKARA - 690 101. MARY GEORGE, AGED 68 YEARS W/O.K.K. GEORGE, GORGEOUS BUNGALOW, PUNNAMMOOD, MEVELIKKARA - 690 101. BY ADVS. GEORGE VARGHESE(PERUMPALLIKUTTIYIL) P.J.JOE PAUL MANU SRINATH RAJAN G. GEORGE A.R.DILEEP NIMESH THOMAS RESPONDENTS: 1 2 MAVELIKKARA TALUK CO-OPERATIVE BANK LTD.NO. 707, REPRESENTED BY ITS SECRETARY, PULIMOODU JUNCTION, MAVELIKKARA, ALAPPUZHA - 690 101. PRESIDENT, MANAGING COMMITTEE, MAVELIKARA TALUK CO - OPERATIVE BANK LTD. NO. 707, PULIMOODU JUCNTION, MAVELIKKARA,ALAPPUZHA - 690 101. WP(C) NO. 22398/2021 AND CONNECTED CASES 4 3 BRANCH MANAGER, MAVELIKKARA TALUK CO-OPERATIVE BANK LTD. NO. 707, PUNNAMOOD BRANCH, MAVELIKKARA, ALAPPUZHA DISTRICT - 690 101. 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) SRI.BINOY DAVIS, GP 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: WP(C) NO. 22398/2021 AND CONNECTED CASES 5 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE GOPINATH P. THURSDAY, THE 1ST DAY OF FEBRUARY 2024 / 12TH MAGHA, 1945 WP(C) NO. 12596 OF 2023 PETITIONER: SHARMILA SURENDRAN, AGED 50 YEARS, D/O LATE. PUSHPANGATHAN, ERICKALETHU PUTHENVEEDU, PALLICKAL NADUVILEMURI, PALLICKAL PO, ALAPPUZHA DISTRICT,PIN – 690 503 BY ADVS. U.BALAGANGADHARAN R.PRADEEP KUMAR RESPONDENTS: 1 2 3 4 STATE OF KERALA, REPRESENTED BY SECRETARY TO GOVERNMENT, DEPARTMENT OF CO-OPERATION, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM – 695 001. 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. MAVELIKARA TALUK CO-OPERATIVE BANK LTD NO.707, MAVELIKARA PO, ALAPPUZHA DISTRICT, PIN - 690 101 REPRESENTED BY ITS SECRETARY. THE PRESIDENT, MAVELIKARA TALUK CO-OPERATIVE BANK LTD NO.707,MAVELIKARA PO, ALAPPUZHA DISTRICT, PIN – 690 101. WP(C) NO. 22398/2021 AND CONNECTED CASES 6 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) SRI.BINOY DAVIS, GP 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: WP(C) NO. 22398/2021 AND CONNECTED CASES 7 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE GOPINATH P. THURSDAY, THE 1ST DAY OF FEBRUARY 2024 / 12TH MAGHA, 1945 WP(C) NO. 22411 OF 2021 PETITIONER: RESHMI RAJAN, AGED 35 YEARS, W/O. ARUN.K., VELUTHADATHU KIZHAKKATHIL, THAZHAKKARA P.O., MAVELIKKARA-690 102. BY ADVS. GISA SUSAN THOMAS ANJANA G. JOBIN JOSE P. RESPONDENTS: 1 2 3 4 5 STATE OF KERALA, REPRESENTED BY THE SECRETARY, DEPARTMENT OF CO- OPERATION, GOVERNMENT OF KERALA, SECRETARIAT, THIRUVANANTHAPURAM-695 001. THE REGISTRAR OF CO-OPRATIVE SOCIETIES, THIRUVANANTHAPURAM-695 001. THE JOINT REGISTRAR , OFFICE OF THE JOINT REGISTRAR, CO-OPERATIVE SOCIETY (GENERAL), TECHI ANGALAMMAN COMPLEX, OPP.ST.ANTONY’S SCHOOL, THIRUVAMBADY, ALAPPUZHA-688 002. THE ASSISTANT REGISTRAR, OFFICE OF THE ASSISTANT REGISTRAR, CO-OPERATIVE SOCIETY, MAVELIKKARA-690 101. PRESIDENT, MAVELIKKARA TALUK CO-OPERATIVE BANK LTD NO.707, MAVELIKKARA P.O., ALAPPUZHA-690 101. WP(C) NO. 22398/2021 AND CONNECTED CASES 8 6 MAVELIKKARA TALUK CO-OPERATIVE BANK LTD. NO.707, MAVELIKKARA P.O., ALAPPUZHA-690 101, REP. BY ITS SECRETARY 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) SRI.BINOY DAVIS, GP 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: WP(C) NO. 22398/2021 AND CONNECTED CASES 9 JUDGMENT [WP(C) Nos.22398/2021, 22411/2021, 10635/2022 & 12596/2023] 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. These writ petitions will stand disposed of as above. DK Sd/- GOPINATH P. JUDGE WP(C) NO. 22398/2021 AND CONNECTED CASES 10 PETITIONER EXHIBITS APPENDIX OF WP(C) 10635/2022 Exhibit P1 Exhibit P2 A TRUE COPY OF THE PASS BOOK ISSUED BY IST RESPONDENT BANK TO THE IST PETITIONER. 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 Exhibit P4 Exhibit P5 Exhibit P6 Exhibit P7 A TRUE COPY OF THE FD RECEIPT NO. FD.3223/2016-17 ISSUED BY THE PUNNAMOOD BRANCH OF THE IST RESPONDENT BANK. A TRUE COPY OF THE JUDGMENT DATED 10.10.2017 IN WPC NO. 28803 OF 2017 PASSED BY THE HONBLE HIGH COURT. A TRUE COPY OF JUDGMENT DATED 07.12.2020 IN W.A. NO. 1245 OF 2020 PASSED BY THE HONBLE HIGH COURT. 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. A TRUE COPY OF THE LETTER DATED 15.01.2020 ISSUED BY THE JOINT REGISTRAR (GENERAL), ALAPPUZHA TO THE ASSISTANT REGISTRAR (GENERAL), MAVELIKKARA. WP(C) NO. 22398/2021 AND CONNECTED CASES 11 APPENDIX OF WP(C) 12596/2023 PETITIONER EXHIBITS Exhibit P 1 Exhibit P 2 A TRUE COPY OF THE ACCOUNT BOOK OF THE PETITIONER A TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER TO THE 3RD RESPONDENT DATED 20.10.2022 WP(C) NO. 22398/2021 AND CONNECTED CASES 12 APPENDIX OF WP(C) 22411/2021 PETITIONER EXHIBITS Exhibit P1 Exhibit P2 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 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 WP(C) NO. 22398/2021 AND CONNECTED CASES 13 APPENDIX OF WP(C) 22398/2021 PETITIONER EXHIBITS Exhibit P1 Exhibit P2 COPY 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 COPY 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