Anitha@Anithakumari v The Registrar of Co-operative Societies (General) and Others
Case Details & Bench
- Court
- High Court of Kerala
- Hon'ble Judges
- Raja Vijayaraghavan V
- Judgment Date
- 2024-02-21
- Court Decision / Holding
- Disposed of by relegating the petitioners to invoke Section 69 of the Kerala Co-operative Societies Act for arbitration. The Arbitration Court is to expedite proceedings and decide within four months from the date of receipt of a copy of this judgment.
- Final Disposition
- Writ petitions disposed of; relegated to Arbitration under Section 69 of the Kerala Co-operative Societies Act with a four-month time-frame for arbitration proceedings.
Parties to the Case
Appellants / Petitioners
- Anitha@Anithakumari
- Syamala Kumary
- Rajeswary
Respondents
- The Registrar of Co-Operative Societies (General)
- The Joint Registrar of Co-Operative Societies (General)
- The Assistant Registrar of Co-Operatives Societies Karunagappally
- Thodiyoor Panchayath Agricultural Improvement Co-Operative Society Ltd.
Legal Representation & Advocates
Counsels for Petitioners
- • P. V. Dileep
- • Adarshr.
Counsels for Respondents
- • Navia Sebastian
Case Synopsis & Summary
This batch of writ petitions before the Kerala High Court concerns depositors of Thodiyoor Panchayat Agricultural Improvement Co-operative Society Ltd. (Q.1578) who seek release of matured fixed deposits. Petitioners Anitha, Syamala Kumary and Rajeshwari claim to hold fixed deposits evidenced by certificates and account statements, and allege that the bank has refused to disburse the amounts on maturity. They approached the Court seeking writ relief, contending that the matter involves civil rights and public law remedies, especially in a cooperative finance setting. The bank counters that such transactions fall within banking activity and are not typically amenable to writ jurisdiction; it urges that the dispute be resolved through arbitration under Section 69 of the Kerala Co-operative Societies Act. The petitioners’ counsel suggested withdrawal of the writ petitions with a right to pursue appropriate remedies, including arbitration, if necessary. The Court, after hearing, disposed of the petitions by relegating the petitioners to invoke Section 69 arbitration, directing the Arbitration Court to expedite proceedings and decide within four months from receipt of a copy of the judgment. The decision cites Raveendran V.G. as a reference point used by the bank’s counsel, but ultimately endorses arbitration as the proper route for recovery of fixed deposits under the Cooperative Societies Act.
Provisions of Law Cited
Submissions & Arguments
Contentions of Appellants / Petitioners
Petitioners contend that matured fixed deposits held with Thodiyoor Panchayat Agricultural Improvement Co-Operative Society Ltd. (Q.1578) must be disbursed on maturity. They rely on FD certificates and account statements to show amounts due and seek relief under Article 226 to compel payment. They acknowledge that arbitration under Section 69 of the Kerala Co-operative Societies Act is available but maintain that writ relief should not be foreclosed and that, if arbitration is pursued, the process should be expedited. The petitioners’ counsel indicated a possible withdrawal of the writ petitions with permission to approach the Arbitration Court for appropriate remedy, given the long pendency, and stressed the need for a prompt resolution within statutory time frames.
Contentions of Respondents
Respondents contend that the transactions are banking activities and ordinarily not subject to writ relief; they rely on the observations in Raveendran V.G. and submit that arbitration under Section 69 of the Kerala Co-operative Societies Act is the proper remedy. They urge dismissal or disposal of the writ petitions with directions to pursue arbitration, emphasizing the need for a formal arbitration process to determine the depositors’ claims.
Cited Precedents (1)
| Case Name | Citation | Treatment | Explanation |
|---|---|---|---|
| Raveendran V.G. v. The Joint Registrar | [2022:KER:46964] | Mentioned Only | Cited by the bank’s counsel as a reference point; the judgment does not indicate a doctrinal adoption, distinction, or overrule of its holdings. |
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