ANITHA@ANITHAKUMARI; SYAMALAKUMARY; RAJESWARY v The Registrar of Co-operative Societies (General) & Others
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
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 Name | Citation | Treatment | Explanation |
|---|---|---|---|
| Raveendran V.G. v. The Joint Registrar | 2022:KER:46964 | Mentioned Only | Cited 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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