High Court of KeralaSingle Judge2024-02-21Disposal by relegating the petitioners to arbit...

In the High Court of Kerala at Ernakulam – Anitha @ Anithakumari; Syamalakumary; Rajeswary v. The Registrar of Co‑operative Societies (General) & Others; WP(C) Nos. 12327/2023, 12405/2023, 12459/2023

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: Writ petitions disposed of by relegating petitioners to initiate proceedings under Section 69 of the Kerala Co-operative Societies Act. Arbitration Court to expeditiously adjudicate and conclude within four months from receipt of the judgment copy.
Final Disposition: Disposal by relegating the petitioners to arbitration under Section 69 of the Kerala Co-operative Societies Act; four-month time frame for expeditious conclusion by the Arbitration Court.

Parties to the Case

Appellants / Petitioners

Anitha @ Anithakumari
Syamalakumary
Rajeswary

Respondents

The Registrar of Co‑operative Societies (General), Thiruvananthapuram; The Joint Registrar of Co‑operative Societies (General), Kollam; The Assistant Registrar of Co‑operatives, Karunagappally; Thodiyoor Panchayat Agricultural Improvement Co‑operative Society Ltd. No. Q.1578, represented by the Secretary

Legal Representation & Advocates

Counsels for Petitioners

• P.V. Dileep
• Adv. Adarsh

Counsels for Respondents

• Navia Sebastian

Case Synopsis & Summary

The petitioners, depositors of Thodiyoor Panchayat Agricultural Improvement Co‑operative Society Ltd. (No. Q.1578), approached the Kerala High Court seeking directions to the bank to release amounts matured on their fixed deposits. They produced deposit receipts and account statements to show funds deposited with the bank and matured payouts that the bank refused to disburse. The petitioners contend that the bank’s refusal infringes their rights and seek judicial relief, essentially invoking a public-law remedy for recovery of matured fixed deposits. The respondents’ counsel relies on a Division Bench decision in Raveendran V.G. and submits that such banking transactions ordinarily fall outside public-law remedies and that the petitioners should pursue an alternative statutory remedy under Section 69 of the Kerala Co‑operative Societies Act by way of Arbitration Reference Cases. The petitioners’ counsel asked for dismissal with a reservation to approach arbitration. The court ultimately disposed of the petitions by relegating the petitioners to initiate appropriate proceedings under Section 69, directing the Arbitration Court to expeditiously complete proceedings within four months. The exhibits include several true copies of FD certificates ranging from Rs.50,000 to Rs.5,00,000, indicating sizable deposits awaiting payout. The judgment reflects a trend of routing such disputes through cooperative-arbitration channels rather than direct writ relief.

Provisions of Law Cited

Section 69 of the Kerala Co-operative Societies Act

Submissions & Arguments

Contentions of Appellants / Petitioners

Petitioners seek writ relief to compel payment of matured fixed deposits held in the cooperative bank, contending that the bank’s refusal deprives them of their contractual rights and adequate remedies should be available within the public-law framework; they urged expeditious resolution of their claims.

Contentions of Respondents

Respondents’ counsel contended that the transactions fall within banking activity not ordinarily addressable by public-law writs, and urged resort to Section 69 arbitration under the Kerala Co-operative Societies Act; they invoked the cited Raveendran V.G. authority to justify the banking-nature of the issue and urged dismissal of the writ petitions with a pathway to arbitration.

Cited Precedents (1)

Case Name	Citation	Treatment	Explanation
Raveendran V.G. v. The Joint Registrar	2022:KER:46964	Mentioned Only	Cited by the respondents to support the view that the matter pertains to banking transactions not amenable to public-law remedy; the court did not adopt this reasoning as the operative order directs 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.`|