High Court of KeralaSingle JudgeDisposed of; writ petitions relegated to arbitr...

ANITHA@ANITHAKUMARI; SYAMALAKUMARY; RAJESWARY v The Registrar of Co-operative Societies (General) & Others

Case / Petition Number:WP(C) Nos. 12327/2023, 12405/2023, 12459/2023

Case Details & Bench

Court
High Court of Kerala
Hon'ble Judges
  • Raja Vijayaraghavan V
Judgment Date
2024-02-21
Court Decision / Holding
The writ petitions are disposed of by relegating the petitioners to invoke Section 69 of the Kerala Cooperative Societies Act for arbitration. The Arbitration Court is directed to expedite the proceedings and conclude them within four months from the date of receipt of a copy of this judgment.
Final Disposition
Disposed of; writ petitions relegated to arbitration under Section 69 of the Kerala Cooperative Societies Act, with a four-month time limit for completion of arbitration.

Parties to the Case

Appellants / Petitioners

  • ANITHA@ANITHAKUMARI
  • SYAMALAKUMARY
  • RAJESWARY

Respondents

  • The Registrar of Co-operative Societies (General), Thiruvananthapuram, Kerala, PIN 695014
  • The Joint Registrar of Co-operative Societies (General), Office of the Joint Registrar of Co-operative Societies (General), Civil Station, Kollam, Kollam District, PIN 691013
  • The Assistant Registrar of Co-operatives, Karunagappally, Karunagappally P.O, Kollam District, PIN 690518
  • Thodiyoor Panchayath Agricultural Improvement Co-operative Society Ltd. No. Q.1578 represented by the Secretary, Vengara, Thodiyoor North P.O, Kollam District, PIN 690523

Legal Representation & Advocates

Counsels for Petitioners

  • • P. V. Dileep
  • • Adarshr.

Counsels for Respondents

  • • Navia Sebastian

Case Synopsis & Summary

The petitioners, depositors of the Thodiyoor Panchayat Agricultural Improvement Co-operative Society Ltd. (No. Q.1578), approached the Kerala High Court seeking writ relief to compel the bank to disburse fixed deposits matured over several years. The petitions, filed in 2023 and heard together with connected matters (WP(C) Nos. 12327/2023, 12405/2023, 12459/2023), allege the bank refused to release amounts on maturity despite ownership of valid fixed deposit certificates. The respondents contended that the underlying transactions are banking in nature and not suited to public-law remedies; they urged that the petitioners pursue an arbitration remedy under Section 69 of the Kerala Cooperative Societies Act. Citing a Division Bench decision in Raveendran V.G., the bank’s counsel framed the remedy as arbitration rather than writ. Counsel for the petitioners sought withdrawal of the writ petitions with a reservation to approach arbitration, highlighting the need for expeditious resolution given the pendency since 2023. The Court agreed to relegating the disputes to arbitration under Section 69, directing the Arbitration Court to expedite proceedings and conclude within four months of receiving a copy of the judgment. The order thus forecloses merit adjudication in writs and channels the disputes into the statutory arbitration process, balancing depositor rights with cooperative-bank regulation.

Provisions of Law Cited

Section 69 of the Kerala Cooperative Societies Act

Submissions & Arguments

Contentions of Appellants / Petitioners

The petitioners contend that they deposited fixed deposits with the Thodiyoor Panchayath Agricultural Improvement Co-operative Society Ltd. (No. Q.1578) and that matured amounts have not been disbursed by the bank, despite valid certificates and due maturity. They seek writ relief to direct prompt payment, arguing that the matter, though contractual, impacts public-law protections and depositors’ interests and that the statutory arbitration avenue under Section 69 of the Kerala Cooperative Societies Act is not a substitute for a writ remedy. They emphasize the deposits’ verifiable records (deposit certificates and account statements) and urge expeditious access to relief given the long pendency of the disputes since January 2023. The petitioners also propose to pursue arbitration if necessary, while maintaining the option to return to this Court if arbitration fails to remedy the issue.

Contentions of Respondents

The respondents argue that the disputed sums arise from banking transactions, ordinarily not amenable to public-law writ relief. They urge the petitioners to seek relief through arbitration under Section 69 of the Kerala Cooperative Societies Act, asserting that the correct remedy lies in the statutory arbitration framework rather than direct judicial intervention in a writ petition. They cite the observations in Raveendran V.G. to support the proposition that such deposits fall within banking transactions and are not suited for writ challenges, and therefore should be resolved via arbitration rather than the public-law route.

Cited Precedents (1)

Case NameCitationTreatmentExplanation
Raveendran V.G. v. The Joint Registrar2022:KER:46964Mentioned OnlyCited to indicate that such banking-like transactions may fall outside typical writ-entitled public-law relief; the court does not adopt or distinguish it as a binding precedent, but references it in setting the stage for arbitration under Section 69.

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Extracted Judgment Text

Exact text extracted from official judgment records.

## **`IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT`** ## **`THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V WEDNESDAY, THE 21[ST] DAY OF FEBRUARY 2024 / 2ND PHALGUNA, 1945 WP(C) NO. 12327 OF 2023`** ``` PETITIONER: ``` ``` ANITHA@ANITHAKUMARI AGED57YEARS W/OVENUGOPAL,BHADRAPRIYA,VENGARA,THODIYOORVADAKKUP.O, THAZHAVAVILLAGE,KARUNAGAPPALLYTALUK,KOLLAMDISTRICT., - PIN690523. ``` ``` BYADVS. P.V.DILEEP ADARSHR. ``` ``` RESPONDENTS: ``` ``` 1THEREGISTRAROFCO-OPERATIVESOCIETIES(GENERAL) - THIRUVANANTHAPURAM,KERALA,PIN695014. 2THEJOINTREGISTRAROFCO-OPERATIVESOCIETIES(GENERAL) OFFICEOFTHEJOINTREGISTRAROFCO-OPERATIVESOCIETIES (GENERAL),CIVILSTATION,KOLLAM,KOLLAMDISTRICT., - PIN691013. 3THEASSISTANTREGISTRAROFCO-OPERATIVESOCIETIES KARUNAGAPPALLY,KARUNAGAPPALLYP.O,KOLLAMDISTRICT., - PIN690518. 4THODIYOORPANCHAYATHAGRICULTURALIMPROVEMENTCO-OPERATIVE SOCIETYLTD.NO.Q.1578 REPRESENTEDBYTHESECRETARY,VENGARA,THODIYOORNORTHP.O, - KOLLAMDISTRICT,PIN690523. ``` ``` SMT.NAVIASEBASTIAN,SC ``` ``` THISWRITPETITION(CIVIL)HAVINGCOMEUPFORADMISSIONON 21.02.2024,ALONGWITHWP(C).12405/2023,12459/2023,THECOURTONTHE SAMEDAYDELIVEREDTHEFOLLOWING: ``` ``` WP(C)NOS.12327,12405 &12459OF20232 ``` # **`IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT`** ``` THEHONOURABLEMR.JUSTICERAJAVIJAYARAGHAVANV WEDNESDAY,THE21[ST]DAYOFFEBRUARY2024/2NDPHALGUNA,1945 WP(C)NO.12405OF2023 ``` ``` PETITIONER: ``` ``` SYAMALAKUMARY AGED57YEARS W/O.BALACHANDRANPILLAI,SYAMALALAYAM,VENGAIP.O, SASTHAMCOTTAVILLAGE,KUNNATHOORTALUK,KOLLAMDISTRICT., - PIN690521. ``` ``` BYADVS. P.V.DILEEP ADARSHR. ``` ## **`RESPONDENTS:`** ``` 1THEREGISTRAROFCO-OPERATIVESOCIETIES(GENERAL) - THIRUVANANTHAPURAM,KERALA,PIN695014. 2THEJOINTREGISTRAROFCO-OPERATIVESOCIETIES(GENERAL) OFFICEOFTHEJOINTREGISTRAROFCO-OPERATIVESOCIETIES (GENERAL),CIVILSTATION,KOLLAM,KOLLAMDISTRICT., - PIN691013. 3THEASSISTANTREGISTRAROFCO-OPERATIVESOCIETIES KARUNAGAPPALLY,KARUNAGAPPALLYP.O,KOLLAMDISTRICT, - PIN690518. 4THODIYOORPANCHAYATHAGRICULTURALIMPROVEMENTCO-OPERATIVE SOCIETYLTD.NO.Q.1578 REPRESENTEDBYTHESECRETARY,VENGARA,THODIYOORNORTHP.O, - KOLLAMDISTRICT.,PIN690523. BYADVNAVIASEBASTIAN ``` ``` &12459OF20233 ``` ``` WP(C)NOS.12327,12405 ``` ``` THISWRITPETITION(CIVIL)HAVINGCOMEUPFORADMISSIONON 21.02.2024,ALONGWITHWP(C).12327/2023ANDCONNECTEDCASES,THECOURT ONTHESAMEDAYDELIVEREDTHEFOLLOWING: ``` ``` WP(C)NOS.12327,12405 &12459OF20234 ``` # **`IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT`** ``` THEHONOURABLEMR.JUSTICERAJAVIJAYARAGHAVANV WEDNESDAY,THE21[ST]DAYOFFEBRUARY2024/2NDPHALGUNA,1945 WP(C)NO.12459OF2023 ``` ``` PETITIONER: ``` ``` RAJESWARY AGED51YEARS W/ORAJENDRANPILLAI,THIRUVONAM,S.R.PMARKETP.O, THAZHAVAVILLAGE,KARUNAGAPPALLYTALUK,KOLLAMDISTRICT., - PIN690539. ``` ``` BYADVS. P.V.DILEEP ADARSHR. ``` ``` RESPONDENTS: ``` ``` 1THEREGISTRAROFCO-OPERATIVESOCIETIES(GENERAL) - THIRUVANANTHAPURAM,KERALA.,PIN695014. 2THEJOINTREGISTRAROFCO-OPERATIVESOCIETIES(GENERAL) OFFICEOFTHEJOINTREGISTRAROFCO-OPERATIVESOCIETIES (GENERAL),CIVILSTATION,KOLLAM,KOLLAMDISTRICT., - PIN691013. 3THEASSISTANTREGISTRAROFCO-OPERATIVESOCIETIES KARUNAGAPPALLY,KARUNAGAPPALLYP.O,KOLLAMDISTRICT., - PIN690518. 4THODIYOORPANCHAYATHAGRICULTURALIMPROVEMENTCO-OPERATIVE SOCIETYLTD.NO.Q.1578 REPRESENTEDBYTHESECRETARY,VENGARA,THODIYOORNORTHP.O, - KOLLAMDISTRICT.,PIN690523. BYADVNAVIASEBASTIAN ``` ``` &12459OF20235 ``` ``` WP(C)NOS.12327,12405 ``` ``` THISWRITPETITION(CIVIL)HAVINGCOMEUPFORADMISSIONON 21.02.2024,ALONGWITHWP(C).12327/2023ANDCONNECTEDCASES,THECOURT ONTHESAMEDAYDELIVEREDTHEFOLLOWING: ``` ``` WP(C)NOS.12327,12405 &12459OF2023 ``` ``` 6 ``` ## **JUDGMENT** ``` [WP(C)Nos.12327/2023,12405/2023,12459/2023] ``` The petitioners herein are depositors maintaining accounts in the Thodiyoor Panchayat Agricultural Improvement Co-operative Society Ltd. Q1578. They are stated to have deposited various amounts in the bank as is borne out by the deposit receipts and the account statements. Being aggrieved by the refusal on the part of the bank to disburse the amounts due to the petitioners on its maturity, they have approached this Court seeking directions. 2. The learned Standing Counsel appearing for the respondent Bank would refer to the observations made by a Division Bench of this Court in **Raveendran V.G.[1]** and it is urged that the transactions would essentially fall within banking transactions which ordinarily may not be amenable to public law remedy. It is further submitted that it is for the petitioners to avail the alternative statutory remedy available for them for the realization of fixed deposits by filing Arbitration Reference Cases under Section 69 of the Kerala Cooperative Societies Act. 1 Raveendran V.G. v. The Joint Registrar [2022:KER:46964] ``` WP(C)NOS.12327,12405 &12459OF2023 ``` ``` 7 ``` 3. Faced with the above submission, Sri. P.V. Dileep, the learned Counsel, requested that these writ petitions be dismissed as withdrawn, reserving the right of the respective petitioner to approach the Arbitration Court and seek appropriate remedies. In that view of the matter, these writ petitions are disposed of by relegating the petitioners to initiate appropriate proceedings by invoking Section 69 of the Kerala Cooperative Societies Act. The Arbitration Court shall bear in mind that the writ petitions were pending consideration of this Court since January, 2023 and shall ensure that the proceedings are expedited and taken to its logical conclusion expeditiously, in any event, within four months from the date of receipt of a copy of this judgment. Sd/- **RAJA VIJAYARAGHAVAN V JUDGE** ``` Sru ``` ``` WP(C)NOS.12327,12405 ``` ``` 8 ``` ``` &12459OF2023 ``` ## **`APPENDIX OF WP(C) 12405/2023`** ``` PETITIONEREXHIBITS Exhibit-P1 ``` ``` THETRUECOPYOFTHEFIXEDDEPOSITCERTIFICATE DATED22.10.2021ISSUEDBYTHE4THRESPONDENT FORASUMOFRS.1,00,000/-(ONELAKHS). ``` ``` Exhibit-P1(a)THETRUECOPYOFTHEFIXEDDEPOSITCERTIFICATE DATED09.09.2020ISSUEDBYTHE4THRESPONDENT FORASUMOFRS.2,500000/-(TWOLAKHSFIFTY THOUSAND. ``` ``` Exhibit-P2THETRUECOPYOFTHEAPPLICATIONSUBMITTED BEFORETHE3RDRESPONDENTBYTHEPETITIONER DATED23.03.2023. ``` ``` WP(C)NOS.12327,12405 &12459OF2023 ``` ``` 9 ``` ## **`APPENDIX OF WP(C) 12459/2023`** |`PETITIONER EXHIBITS`|| |---|---| |`Exhibit-P1`|`THE TRUE COPY OF THE FIXED DEPOSIT CERTIFICATE`| ||`DATED 29.04.2019 ISSUED BY THE 4TH RESPONDENT`| ||`FOR A SUM OF RS. 4, 00, 000/- (FOUR LAKHS).`| |`Exhibit-P1(a)`|`THE TRUE COPY OF THE FIXED DEPOSIT CERTIFICATE`| ||`DATED 20.06.2019 ISSUED BY THE 4TH RESPONDENT`| ||`FOR A SUM OF RS. 4,50 0000/- (FOUR LAKHS FIFTY`| ||`THOUSAND ).`| |`Exhibit-P1(b)`|`THE TRUE COPY OF THE FIXED DEPOSIT CERTIFICATE`| ||`DATED 29.06.2020 ISSUED BY THE 4TH RESPONDENT`| ||`FOR A SUM OF RS. 50, 000/-(FIFTY THOUSAND).`| |`Exhibit-P1(c)`|`THE TRUE COPY OF THE FIXED DEPOSIT CERTIFICATE`| ||`DATED 08.08.2019 ISSUED BY THE 4TH RESPONDENT`| ||`FOR A SUM OF RS. 2,00, 000/-(TWO LAKHS)`| |`Exhibit-P1(d)`|`THE TRUE COPY OF THE FIXED DEPOSIT CERTIFICATE`| ||`DATED 10.08.2020 ISSUED BY THE 4TH RESPONDENT`| ||`FOR A SUM OF RS. 1,00, 000/- (ONE LAKHS).`| |`Exhibit-P1(e)`|`THE TRUE COPY OF THE FIXED DEPOSIT CERTIFICATE`| ||`DATED 22.08.2019 ISSUED BY THE 4TH RESPONDENT`| ||`FOR A SUM OF RS. 5,00, 000/- (FIVE LAKHS)`| |`Exhibit-P1(f)`|`THE TRUE COPY OF THE FIXED DEPOSIT CERTIFICATE`| ||`DATED 22.08.2019 ISSUED BY THE 4TH RESPONDENT`| ||`FOR A SUM OF RS. 5,00, 000/- (FIVE LAKHS).`| |`Exhibit-P1(g)`|`THE TRUE COPY OF THE FIXED DEPOSIT CERTIFICATE`| ||`DATED 04.01.2020 ISSUED BY THE 4TH RESPONDENT`| ||`FOR A SUM OF RS. 50, 000/- (FIFTY THOUSAND)`| |`Exhibit-P1(h)`|`THE TRUE COPY OF THE FIXED DEPOSIT CERTIFICATE`| ||`DATED 10.02.2021 ISSUED BY THE 4TH RESPONDENT`| ||`FOR A SUM OF RS. 1,00, 000/-(ONE LAKHS)`| |`Exhibit-P2`|`THE TRUE COPY OF THE APPLICATION SUBMITTED`| ||`BEFORE THE 3RD RESPONDENT BY THE PETITIONER`| ||`DATED 24.03.2023`| ``` WP(C)NOS.12327,12405 &12459OF202310 ``` ## **`APPENDIX OF WP(C) 12327/2023`** |`PETITIONER EXHIBITS`|| |---|---| |`Exhibit-P1`|`THE TRUE COPY OF THE FIXED DEPOSIT CERTIFICATE`| ||`DATED 10.11.2021 ISSUED BY THE 4TH RESPONDENT`| ||`FOR A SUM OF RS. 5, 00, 000/- (FIVE LAKHS).`| |`Exhibit-P1(a)`|`THE TRUE COPY OF THE FIXED DEPOSIT CERTIFICATE`| ||`DATED 20.06.2019 ISSUED BY THE 4TH RESPONDENT`| ||`FOR A SUM OF RS. 5,00 000/- (FIVE LAKHS ).`| |`Exhibit-P1(b)`|`THE TRUE COPY OF THE FIXED DEPOSIT CERTIFICATE`| ||`DATED 05.09.2021 ISSUED BY THE 4TH RESPONDENT`| ||`FOR A SUM OF RS. 75, 000/-( SEVENTY FIVE`| ||`THOUSAND).`| |`Exhibit-P1(c)`|`THE TRUE COPY OF THE FIXED DEPOSIT CERTIFICATE`| ||`DATED 16.10.2021 ISSUED BY THE 4TH RESPONDENT`| ||`FOR A SUM OF RS. 24, 000/-(TWENTY FOUR`| ||`THOUSAND).`| |`Exhibit-P2`|`THE TRUE COPY OF THE APPLICATION SUBMITTED`| ||`BEFORE THE 3 RD RESPONDENT BY THE PETITIONER`| ||`DATED 21.03.2023.`|