High Court of KeralaSingle Judge2021-02-10Disposed of all writ petitions with directions ...

In the High Court of Kerala at Ernakulam WP(C).16204/2020 & Connected Cases

Case / Petition Number:WP(C).No.16204 of 2020

Case Details & Bench

Court: High Court of Kerala
Hon'ble Judges: Sunil Thomas
Judgment Date: 2021-02-10
Court Decision / Holding: The petitions are disposed of with a common order directing the 4th respondent to ensure that the fifth respondent Bank complies with Ext.P5. In case of non-compliance, the 2nd respondent is to initiate proceedings under Section 32 of the Kerala Co-operative Societies Act. The Bank is required to pay the entire amount due to each petitioner, either in installments or in a lump sum, within six months from today. If payment is not effected within six months, petitioners may seek appropriate steps for realization of the amounts.
Final Disposition: Disposed of all writ petitions with directions as stated above; payment remedy within six months; Section 32 of Co-operative Societies Act to be invoked if non-compliance.

Parties to the Case

Appellants / Petitioners

Rajukutty P.I.
P.I.Idicula
Thomas Kurian
Annamma Varghese
Annamma Iype
Annie Suni
Jeswin Suni Philip
A.J.Philipose
Rosamma Philipose
Suni Philip
Annie Suni
P.M.Simon
Mathew Simon
Mariamma Prasad
Annie Mathew
Vargheese M.Chacko
Mariamma Varghese
Jacob Varghese
Ajitha Jacob
Davis George
Rajesh D.Nair
Resmi P.V.
Rathnamma Damodaran
Revikum ar
Rema Devi
K.Mathew John
Annamma Thomas
K.C.Vargheese
Mariam ma Varghese
Jacob Varghese
Ajitha Jacob
Davis George
Santosh T. Thomas
Latha Santosh
T. T. Thomas
Santhamma Thomas
Annamma Thomas

Respondents

State of Kerala represented by the Government Secretary for Cooperation
Registrar of Co-operative Societies
Joint Registrar of Co-operative Societies (General)
Assistant Registrar of Co-operative Societies (General)
Kottanad Service Co-operative Bank Ltd. No. A153
Board of Directors of the Kottanad Service Co-operative Bank Ltd. No. A153
Branch Manager, Kottanad Service Co-operative Bank Ltd No. A153

Legal Representation & Advocates

Counsels for Petitioners

• Jacob P. Alex
• Joseph P. Alex
• Manu Sankar P.

Counsels for Respondents

• Government Pleader (State)
• Shaji Thomas
• Jen Jaison
• K.P. Harish

Case Synopsis & Summary

These connected writ petitions were filed by depositors of the fifth respondent, Kottanad Service Cooperative Bank Ltd., seeking payment of fixed deposits that matured but were not repaid. The petitions, including WP(C).16204/2020 and connected matters, attach fixed deposit receipts and related correspondence showing substantial sums deposited by the petitioners and their family members. The core grievance is non-payment of both principal and interest despite maturity, prompting prayer for directions to compel payment or take action under the Kerala Co-operative Societies Act. The Bank defends that it is not a State or instrumental in the sense of Article 12 of the Constitution and asserts that writ relief is not maintainable against a cooperative society; it also cites financial distress and pending enforcement awards as impediments. The petitioners counter that the remedy lies within statutory mechanisms but that writ jurisdiction is warranted where public funds and depositor interests are involved. The court, applying the statutory framework and balancing relief with practicality, ultimately disposes of all the writ petitions by directing the 4th respondent (Assistant Registrar) to ensure compliance with Ext.P5 and, if non-compliant, to empower the 2nd respondent to initiate proceedings under Section 32 of the Kerala Co-operative Societies Act. The Bank is to pay the entire due amounts to each petitioner within six months, in installments or lump sum, with failure to do so enabling further measures for realization.

Provisions of Law Cited

Kerala Co-operative Societies Act, Section 69Kerala Co-operative Societies Act, Section 32Constitution of India, Article 12

Submissions & Arguments

Contentions of Appellants / Petitioners

The petitioners contend that the Fixed Deposits were validly created and matured deposits remain unpaid by the fifth respondent bank. They submit that the losses and liabilities are recognized and that writ relief is warranted to secure payment, especially where public funds and depositors’ interests are at stake. While the bank is not admitted to be a ‘State’ under Article 12, the petitioners invoke the Kerala Co-operative Societies Act framework (notably Section 69) as an efficacious remedy, and request directions to enforce payment and possibly appoint an Administrator or take action under Section 32 to realize liabilities. They emphasize the need for timely relief and argue that the statutory machinery should effectuate payment to depositors who have entrusted substantial sums with the institution.

Contentions of Respondents

The respondents, led by the Bank’s counsel, contest that a cooperative society is not a State or its instrumentality for Article 12 purposes. They rely on the principle that writs should not ordinarily run against such societies and stress that Section 69 provides an efficacious remedy and that the Bank’s financial distress and regulatory actions must be resolved through statutory processes within the cooperative law framework. They contend that the court should not bypass the Act’s remedial scheme and that enforceability hinges on the available arbitration and civil remedies rather than direct writ-like relief.

Cited Precedents (6)

Case Name	Citation	Treatment	Explanation
Federal Bank Ltd v Sagar Thomas	2003(10)SCC 733	Distinguished	Cited to illustrate that societies, though under statutory control, do not automatically fall within the State and instrumentality doctrine; the court distinguishes this line of authority for the facts at hand.
U.P State Co-operative Land Development Bank Ltd v Chandra Bhan Dubey & Others	1999(1)SCC 741	Distinguished	Referenced to support the argument on efficacious remedy but ultimately treated as not directly applicable to the cooperative bank’s status in these facts.
Nivedita Sharma v Cellular Operators Association of India & Others	2011(14)SCC 337	Mentioned Only	Cited in passing about remedies but not adopted in the court’s reasoning.
Pradeep Kumar Biswas v Indian Institute of Chemical Biology	2002(5)SCC 111	Mentioned Only	Seven-Judges Bench cited as part of the doctrinal landscape; not directly followed.
2013(16)SCC 82	2013(16)SCC 82	Mentioned Only	Cited for background proposition on state vs. non-state status; not determinative of the outcome.
2015 (1) KHC 779	2015(1)KHC 779	Mentioned Only	Larger bench decision referenced in context of the State/instrumentality discussion; not directly applied.

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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 SUNIL THOMAS** **WEDNESDAY, THE 10TH DAY OF FEBRUARY 2021 / 21ST MAGHA,1942** ## **WP(C).No.16204 OF 2020(A)** ## **PETITIONER:** - **1 RAJUKUTTY P.I. AGED 60 YEARS S/O. P.I.IDICULA, PLACHERIL HOUSE, PERUMPETTY P.O., MALLAPPALLY TALUK, PATHANAMTHITTA DISTRICT-689592.** - **2 P.I.IDICULA, AGED 88 YEARS, PLACHERIL HOUSE, PERUMPETTY P.O., MALLAPPALLY TALUK, PATHANAMTHITTA DISTRICT-689592.** **BY ADVS. SRI.JACOB P.ALEX SRI.JOSEPH P.ALEX SHRI.MANU SANKAR P.** ## **RESPONDENTS:** - **1 STATE OF KERALA, REPRESENTED BY THE GOVERNMENT, SECRETARY FOR COOPERATION, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695001.** - **2 REGISTRAR OF COOPERATIVE SOCIETIES, OFFICE OF REGISTRAR OF COOPERATIVE SOCIETIES, JAWAHAR SAHAKARANA BHAVAN, DPI JUNCTION, THYCAUD P.O., THIRUVANANTHAPURAM-695014.** - **3 JOINT REGISTRAR OF COOPERATIVE SOCIETIES (GENERAL), OFFICE OF THE JOINT REGISTRAR OF COOPERATIVE SOCIETIES, MINI CIVIL STATION, PATHANAMTHITTA-689645.** - **4 ASSISTANT REGISTRAR OF COOPERATIVE SOCIETIES** WP(C).No.16204 OF 2020 & Connected Cases 2 **(GENERAL), MALLAPPALLY, OFFICE OF ASSISTANT REGISTRAR (GENERAL) OF COOPERATIVE SOCIETIES, MALLAPALLY WEST P.O., PATHANAMTHITTA DISTRICT-689585.** **5 KOTTANAD SERVICE COOPERATIVE BANK LIMITED NO. A.153, REPRESENTED BY ITS SECRETARY, KOTTANAD P.O., PATHANAMTHITTA DISTRICT-689615.** **6 BOARD OF DIRECTORS OF THE KOTTANAD SERVICE COOPERATIVE BANK LTD. NO.A.153, REPRESENTED BY ITS PRESIDENT, KOTTANAD P.O., PATHANAMTHITTA DISTRICT-689615.** **7 BRANCH MANAGER, KOTTANAD SERVICE COOPERATIVE BANK LIMITED NO.A 153, PERUMPETTY BRANCH, PERUMPETTY, PATHANAMTHITTA DISTRICT-689592.** **R5-6 BY ADV. SRI.SHAJI THOMAS R5-6 BY ADV. SRI.JEN JAISON** **SR.GP K.P HARISH** **THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 10.02.2021, ALONG WITH WP(C).16223/2020(C), WP(C).16342/2020(P), WP(C).16373/2020(V), WP(C).16374/2020(V), WP(C).16380/2020(V), WP(C).16403/2020(A), WP(C).16498/2020(J), WP(C).16604/2020(A), WP(C).16642/2020(E), WP(C).16699/2020(J), THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** WP(C).No.16204 OF 2020 & Connected Cases 3 ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR. JUSTICE SUNIL THOMAS** **WEDNESDAY, THE 10TH DAY OF FEBRUARY 2021 / 21ST MAGHA,1942** **WP(C).No.16223 OF 2020(C)** ## **PETITIONERS:** |**1**|**THOMAS KURIAN**| |---|---| ||**AGED 56 YEARS**| ||**S/O.KURIAN DANIEL,**| ||**VAZHAYIL ALUNGAL,**| ||**THEODICAL P.O.,**| ||**KOTTANADU,**| ||**PERUMPETTY VILLAGE,**| ||**MALLAPALLY TALUK,**| ||**PATHANAMTHITTA DISTRICT,**| ||**PIN-689 613.**| |**2**|**ANNAMMA VARGHESE,**| ||**AGED 82 YEARS**| ||**W/O.CHANDY VARGHESE,**| ||**(IKKARAPARAMBIL, CHATHANKERRY, ALAPUZHA),**| ||**NOW RESIDING AT**| ||**VAZHAYIL ALUNGAL HOUSE,**| ||**THEODICAL P.O., KOTTANADU,**| ||**PERUMPETTY VILLAGE,**| ||**MALLAPALLY TALUK,**| ||**PATHANAMTHITTA DISTRICT,**| ||**PIN-689 613.**| |**3**|**ANNAMMA IYPE,**| ||**AGED 35 YEARS**| ||**W/O.IYPE VARGHESE,**| ||**IKKARAPARAMBIL,**| ||**AMICHAKIRI P.O.,**| ||**CHATHANKERRY,**| ||**ALAPPUZHA DISTRICT.**| ||**BY ADVS.**| ||**SRI.JACOB P.ALEX**| ||**SRI.JOSEPH P.ALEX**| ||**SHRI.MANU SANKAR P.**| WP(C).No.16204 OF 2020 & Connected Cases 4 ## **RESPONDENTS:** - **1 STATE OF KERALA REPRESENTED BY THE GOVERNMENT SECRETARY FOR COOPERATION, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, PIN-695 001.** - **2 REGISTRAR OF CO-OPERATIVE SOCIETIES, OFFICE OF REGISTRAR OF CO-OPERATIVE SOCIETIES, JAWHAR SAHAKARANA BHAVAN, DPI JUNCTION, THYCAUD P.O., THIRUVANANTHAPURAM, PIN-695 014.** - **3 JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES(GENERAL), OFFICE OF THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES, MINI CIVIL STATION, PATHANAMTHITTA, PIN-689 645.** - **4 ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIEITES(GENERAL), MALLAPALLY, OFFICE OF ASSISTANT REGISTRAR(GENERAL) OF COOPERATIVE SOCIETIES, MALLAPPALY WEST P.O., PATHANAMTHITTA DISTRICT, PIN-689 585.** - **5 KOTTANAD SERVICE CO-OPERATIVE BANK LTD.NO.A.153, REPRESENTED BY ITS SECRETARY, KOTTANAD P.O., PATHANAMTHITTA DISTRICT, PIN-689 615.** - **6 BOARD OF DIRECTORS OF THE KOTTANAD SERVICE COOPERATIVE BANK LTD.NO.A 153, REPRESENTED BY ITS PRESIDENT, KOTTANAD P.O., PATHANAMTHITTA DISTRICT, PIN-689 615.** **7 BRANCH MANAGER, KOTTANAD SERVICE CO-OPERATIVE BANK LTD.NO.A.153, KOTTANAD BRANCH, KOTTANAD P.O., PATHANAMTHITTA DISTRICT, PIN-689 615.** **R5-6 BY ADV. SRI.SHAJI THOMAS R5-6 BY ADV. SRI.JEN JAISON** **THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 10.02.2021, ALONG WITH WP(C).16204/2020(A), WP(C).16342/2020(P),** WP(C).No.16204 OF 2020 & Connected Cases **==> picture [7 x 8] intentionally omitted <==** **WP(C).16373/2020(V), WP(C).16374/2020(V), WP(C).16380/2020(V), WP(C).16403/2020(A), WP(C).16498/2020(J), WP(C).16604/2020(A), WP(C).16642/2020(E), WP(C).16699/2020(J), THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** WP(C).No.16204 OF 2020 & Connected Cases 6 ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR. JUSTICE SUNIL THOMAS** **WEDNESDAY, THE 10TH DAY OF FEBRUARY 2021 / 21ST MAGHA,1942** **WP(C).No.16342 OF 2020(P)** ## **PETITIONERS:** |**1**|**A.J.PHILIPOSE**| |---|---| ||**AGED 78 YEARS**| ||**AZHAKANAKUZHIYIL HOUSE,**| ||**AYROOR SOUTH P.O.,**| ||**AYIROOR,**| ||**KANJEETTUKARA,**| ||**PATHANAMTHITTA DISTRICT,**| ||**PIN-689 611**| |**2**|**ROSAMMA PHILIPOSE,**| ||**AGED 74 YEARS**| ||**W/O. A.J.PHILIP,**| ||**AZHAKANAKUZHIYIL HOUSE,**| ||**AYROOR SOUTH P.O.,**| ||**AYIROOR,**| ||**KANJEETTUKARA,**| ||**PATHANAMTHITTA DISTRICT,PIN-689 611**| |**3**|**SUNI PHILIP**| ||**AGED 48 YEARS**| ||**S/O. A.J.PHILIP,**| ||**AZHAKANAKUZHIYIL HOUSE,**| ||**AYROOR SOUTH P.O., AYIROOR,**| ||**KANJEETTUKARA,**| ||**PATHANAMTHITTA DISTRICT,PIN-689 611**| |**4**|**ANNIE SUNI**| ||**AGED 45 YEARS**| ||**W/O. SUNI PHILIP,**| ||**AZHAKANAKUZHIYIL HOUSE,**| ||**AYROOR SOUTH P.O.,**| ||**AYIROOR, KANJEETTUKARA,**| ||**PATHANAMTHITTA DISTRICT,PIN-689 611**| |**5**|**JESWIN SUNI PHILIP**| ||**AGED 24 YEARS**| WP(C).No.16204 OF 2020 & Connected Cases 7 **S/O. SUNI PHILIP, AZHAKANAKUZHIYIL HOUSE, AYROOR SOUTH P.O., AYIROOR, KANJEETTUKARA, PATHANAMTHITTA DISTRICT,PIN-689 611** **BY ADVS. SRI.JACOB P.ALEX SRI.JOSEPH P.ALEX SHRI.MANU SANKAR P.** ## **RESPONDENTS:** - **1 STATE OF KERALA REPRESENTED BY THE GOVERNMENT SECRETARY FOR COOPERATION, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM,PIN-695 001** - **2 REGISTRAR OF CO OPERATIVE SOCIETIES, OFFICE OF REGISTRAR OF CO OPERATIVE SOCIETIES, JAWHAR SAHAKARANA BHAVAN, DPI JUNCTION, THYCAUD.P.O., THIRUVANANTHAPURAM,PIN-695 014** - **3 JOINT REGISTRAR OF CO OPERATIVE SOCIETIES (GENERAL), OFFICE OF THE JOINT REGISTRAR OF CO OPERATIVE SOCIETIES, MINI CIVIL STATION, PATHANAMTHITTA, PIN-689 645** - **4 ASSISTANT REGISTRAR OF CO OPERATIVE SOCIETIES (GENERAL), MALLAPALLY, OFFICE OF THE ASSISTANT REGISTRAR (GENERAL) OF CO OPERATIVE SOCIETIES, MALLAPALLY WEST P.O., PATHANAMTHITTA DISTRICT, PIN-689 585** - **5 KOTTANAD SERVICE COOPERATIVE BANK LTD NO.A 153, REPRESENTED BY ITS SECRETARY, KOTTANAND P.O., PATHANAMTHITTA DISTRICT,PIN-689 615** - **6 BARD OF DIRECTORS OF THE KOTTANAD SERVICE CO OPERATIVE BANK LTD.NO.A 152, REPRESENTED BY ITS PRESIDENT, KOTTANAND P.O., PATHANAMTHITTA DISTRICT,PIN-689 615** - **7 BRANCH MANAGER, KOTTANAND SERVICE CO OPERATIVE BANK LTD NO.A 153, KOTTANAD BRANCH, KOTTANAD P.O., PATHANAMTHITTA DISTRICT,PIN-689 615** WP(C).No.16204 OF 2020 & Connected Cases 8 **R5-6 BY ADV. SRI.SHAJI THOMAS R5-6 BY ADV. SRI.JEN JAISON** **THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 10.02.2021, ALONG WITH WP(C).16204/2020(A), WP(C).16223/2020(C), WP(C).16373/2020(V), WP(C).16374/2020(V), WP(C).16380/2020(V), WP(C).16403/2020(A), WP(C).16498/2020(J), WP(C).16604/2020(A), WP(C).16642/2020(E), WP(C).16699/2020(J), THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** WP(C).No.16204 OF 2020 & Connected Cases 9 ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR. JUSTICE SUNIL THOMAS** **WEDNESDAY, THE 10TH DAY OF FEBRUARY 2021 / 21ST MAGHA,1942** ## **WP(C).No.16373 OF 2020(V)** ## **PETITIONERS:** |**1**|**P.M.SIMON**| |---|---| ||**AGED 90 YEARS**| ||**S/O. K.E.MATHEW,**| ||**KAVIL HOUSE,**| ||**THEODICAL P.O.,**| ||**KUMPLAMTHANAM,**| ||**PERUMPETTY,**| ||**PATHANAMTHITTA DISTRICT,**| ||**PIN-689 613**| |**2**|**MATHEW SIMON,**| ||**AGED 64 YEARS**| ||**S/O.P.M.SIMON,**| ||**KAVIL HOUSE,**| ||**THEODICAL P.O.,**| ||**KUMPLAMTHANAM,**| ||**PERUMPETTY,**| ||**PATHANAMTHITTA DISTRICT,**| ||**PIN-689 613**| |**3**|**MARIAMMA PRASAD**| ||**AGED 57 YEARS**| ||**D/O.P.M.SIMON,**| ||**KAVIL HOUSE,**| ||**THEODICAL P.O.,**| ||**PERUMPETTY,**| ||**PATHANAMTHITTA DISTRICT,**| ||**PIN-689 613**| |**4**|**ANNIE MATHEW,**| ||**AGED 56 YEARS**| ||**W/O. MATHEWS SIMON,**| ||**KAVIL HOUSE,**| ||**THEODICAL P.O.,**| ||**PERUMPETTY,**| ||**PATHANAMTHITTA DISTRICT,PIN-689 613**| WP(C).No.16204 OF 2020 & Connected Cases 10 **BY ADVS. SRI.JACOB P.ALEX SRI.JOSEPH P.ALEX SHRI.MANU SANKAR P.** ## **RESPONDENTS:** - **1 STATE OF KERALA REPRESENTED BY THE GOVERNMENT SECRETARY FOR COOPERATION, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM,PIN-695 001** - **2 REGISTRAR OF CO OPERATIVE SOCIETIES, OFFICE OF REGISTRAR OF CO OPERATIVE SOCIETIES, JAWHAR SAHAKARANA BHAVAN, DPI JUNCTION, THYCAUD P.O., THIRUVANANTHAPURAM,PIN-695 014** - **3 JOINT REGISTRAR OF CO OPERATIVE SOCIETIES (GENERAL), OFFICE OF THE JOINT REGISTRAR OF CO OPERATIVE SOCIETIES, MINI CIVIL STATION, PATHANAMTHITTA,PIN689 645** - **4 ASSISTANT REGISTRAR OF CO OPERATIVE SOCIETIES (GENERAL), MALLAPALLY, OFFICE OF ASSISTANT REGISTRAR (GENERAL) OF CO OPERATIVE SOCIETIES, MALLAPPALLY WEST P.O., PATHANAMTHITTA DISTRICT,PIN-689 585** - **5 KOTTANAND SERVICE CO OPERATIVE BANK LTD NO.A 153, REPRESENTED BY ITS SECRETARY, KOTTANAD P.O., PATHANAMTHITTA DISTRICT,PIN-689 615** - **6 BOARD OF DIRECTORS OF THE KOTTANAD SERVICE CO OPERATIVE BANK LTD NO.A 153, REPRESENTED BY ITS PRESIDENT, KOTTANAD P.O.,PATHANAMTHITTA DISTRICT,PIN-689 615** - **7 BRANCH MANAGER, KOTTANAND SERVICE CO OPERATIVE BANK LTD NO.A 153, KOTTANAD BRANCH, KOTTANAND P.O., PATHANAMTHITTA DISTRICT,PIN-689 615** **R1-4 BY GOVERNMENT PLEADER R5-6 BY ADV. SRI.SHAJI THOMAS R5-6 BY ADV. SRI.JEN JAISON** **THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 10.02.2021, ALONG WITH WP(C).16204/2020(A), WP(C).16223/2020(C),** WP(C).No.16204 OF 2020 & Connected Cases **==> picture [13 x 8] intentionally omitted <==** **WP(C).16342/2020(P), WP(C).16374/2020(V), WP(C).16380/2020(V), WP(C).16403/2020(A), WP(C).16498/2020(J), WP(C).16604/2020(A), WP(C).16642/2020(E), WP(C).16699/2020(J), THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** WP(C).No.16204 OF 2020 & Connected Cases 12 ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR. JUSTICE SUNIL THOMAS** **WEDNESDAY, THE 10TH DAY OF FEBRUARY 2021 / 21ST MAGHA,1942** ## **WP(C).No.16374 OF 2020(V)** ## **PETITIONER:** **VARGHESE M.CHACKO AGED 67 YEARS S/O.GEEVARGHESE CHACKO, KUTTIKANDATHIL MAMOOTTIL, KOTTANAD.P.O, PERUMPETTY VILLAGE, MALLAPALLY TALUK, PATHANAMTHITTA DISTRICT, PIN-689615.** **BY ADVS. SRI.JACOB P.ALEX SRI.JOSEPH P.ALEX SHRI.MANU SANKAR P.** ## **RESPONDENTS:** **1 STATE OF KERALA REPRESENTED BY THE GOVERNMENT SECRETARY FOR CORPORATION, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM,PIN-695001. 2 REGISTRAR OF COOPERATIVE SOCIETIES, OFFICE OF REGISTRAR OF CO OPERATIVE SOCIETIES,JAWHAR SAHAKARANA BHAVAN, DPI JUNCTION,THYCAUD.P.O, THIRUVANANTHAPURAM,PIN-695014.** - **3 JOINT REGISTRAR OF CO OPERATIVE SOCIETIES(GENERAL), OFFICE OF THE JOINT REGISTRAR OF CO OPERATIVE SOCIETIES,MINI CIVIL STATION, PATHANAMTHITTA,PIN 689645.** **4 ASSISTANT REGISTRAR OF CO OPERATIVE SOCIETIES (GENERAL),MALLAPALLY, OFFICE OF ASSISTANT REGISTRAR (GENERAL OF CO** WP(C).No.16204 OF 2020 & Connected Cases 13 **OPERATIVE SOCIETIES, MALLAPALL WEST.P.O, PATHANAMTHITTA DISTRICT, PIN-689585.** - **5 KOTTANAD SERVICE CO OPERATIVE BANK LTD.NO.A.153, REPRESENTED BY ITS SECRETARY,KOTTANAD.P.O, PATHANAMTHITTA DISTRICT, PIN-689615.** - **6 BOARD OF DIRECTOR OF THE KOTTANAD SERVICE CO OPERATIVE BANK LTD.N.A 153, REPRESENTED BY ITS PRESIDENT,KOTTANAD.P.O, PATHANAMTHITTA DISTRICT,PIN-689615.** - **7 BRANCH MANAGER, KOTTANAD SERVICE CO OPERATIVE BANK LTD.NO.A.153,KOTTANAD BRANCH,KOTTANAD.P.O, PATHANAMTHITTA DISTRICT,PIN-689615.** **R1-4 BY GOVERNMENT PLEADER R5-6 BY ADV. SRI.SHAJI THOMAS R5-6 BY ADV. SRI.JEN JAISON** **THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 10.02.2021, ALONG WITH WP(C).16204/2020(A), WP(C).16223/2020(C), WP(C).16342/2020(P), WP(C).16373/2020(V), WP(C).16380/2020(V), WP(C).16403/2020(A), WP(C).16498/2020(J), WP(C).16604/2020(A), WP(C).16642/2020(E), WP(C).16699/2020(J), THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** WP(C).No.16204 OF 2020 & Connected Cases 14 ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR. JUSTICE SUNIL THOMAS** **WEDNESDAY, THE 10TH DAY OF FEBRUARY 2021 / 21ST MAGHA,1942** **WP(C).No.16380 OF 2020(V)** |**PETITIONERS**<br>**:**|**PETITIONERS**<br>**:**|| |---|---|---| |**1**||**RAJESH D.NAIR**| |||**AGED 44 YEARS**| |||**S/O. LATE C.V.DAMODARAN NAIR,**| |||**UPPUMANKAL HOUSE,**| |||**PERUMPETTY PO,**| |||**PERUMPETTY,**| |||**PATHANAMTHITTA DISTRICT,**| |||**PIN-689 592.**| |**2**||**RESMI P.V.**| |||**AGED 37 YEARS**| |||**W/O. RAJESH D. NAIR,**| |||**UPPUMANKAL HOUSE, PERUMPETTY P.O.,**| |||**PERUMPETTY,**| |||**PATHANAMTHITTA DISTRICT,**| |||**PIN-689 592.**| |**3**||**RATHNAMMA DAMODARAN**| |||**AGED 67 YEARS**| |||**W/O. LATE C.V. DAMODARAN NAIR,**| |||**UPPUMANKAL HOUSE,**| |||**PERUMPETTY PO,**| |||**PERUMPETTY,**| |||**PATHANAMTHITTA DISTRICT,**| |||**PIN-689 592.**| |**4**||**REVIKUMAR**| |||**AGED 56 YEARS**| |||**S/O. NARAYANAPILLAI,**| |||**RAVISADANAM,**| |||**PAYIPPAD VILLAGE,**| |||**PALLIKKACHIRA P.O.,**| |||**CHENGANASSERY TALUK,**| |||**KOTTAYAM DISTRICT,**| |||**PIN-686 537.**| WP(C).No.16204 OF 2020 & Connected Cases 15 - **5 REMADEVI AGED 47 YEARS W/O. REVIKUMAR, RAVISADANAM, PAYIPPAD VILLAGE, PALLIKKACHIRA P.O., CHENGANASSERY TALUK, KOTTAYAM DISTRICT, PIN-686 537.** **BY ADVS. SRI.JACOB P.ALEX SRI.JOSEPH P.ALEX SHRI.MANU SANKAR P.** ## **RESPONDENTS:** - **1 STATE OF KERALA REPRESENTED BY THE GOVERNMENT SECRETARY FOR COOPERATION, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695 001.** - **2 REGISTRAR OF CO-OPERATIVE SOCIETIES OFFICE OF REGISTRAR OF CO-OPERATIVE SOCIETIES, JAWHAR SAHAKARANA BHAVAN, DPI JUNCTION, THYCAUD P.O., THIRUVANANTHAPURAM, PIN-695 014.** - **3 JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES (GENERAL) OFFICE OF THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES, MINI CIVIL STATION, PATHANAMTHITTA, PIN-689 645.** - **4 ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES (GENERAL)** **MALLAPALLY, OFFICE OF ASSISTANT REGISTRAR (GENERAL) OF CO-OPERATIVE SOCIETEIS, MALLAPALLY WEST PO, PATHANAMTHITTA DISTRICT, PIN-689 585.** - **5 KOTTANAD SERVICE CO-OPERATIVE BANK LTD.NO.A.153 REPRESENTED BY ITS SECRETARY, KOTTANAD PO, PATHANAMTHITTA DISTRICT, PIN-689 615.** - **6 BOARD OF DIRECTORS OF THE KOTTANAD SERVICE COOPERATIVE BANK LTD.NO.A.153, REPRESENTED BY ITS PRESIDENT, KOTTANAD PO, PATHANAMTHITTA DISTRICT, PIN-689 615.** - **7 BRANCH MANAGER KOTTANAD SERVICE CO-OPERATIVE BANK LTD.NO.A.153, PERUMPETTY BRANCH, PERUMPETTY, PATHANAMTHITTA** WP(C).No.16204 OF 2020 & Connected Cases 16 **DISTRICT, PIN-689 592.** **R5-6 BY ADV. SRI.SHAJI THOMAS R5-6 BY ADV. SRI.JEN JAISON** **THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 10.02.2021, ALONG WITH WP(C).16204/2020(A), WP(C).16223/2020(C), WP(C).16342/2020(P), WP(C).16373/2020(V), WP(C).16374/2020(V), WP(C).16403/2020(A), WP(C).16498/2020(J), WP(C).16604/2020(A), WP(C).16642/2020(E), WP(C).16699/2020(J), THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** WP(C).No.16204 OF 2020 & Connected Cases 17 ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR. JUSTICE SUNIL THOMAS** **WEDNESDAY, THE 10TH DAY OF FEBRUARY 2021 / 21ST MAGHA,1942** **WP(C).No.16403 OF 2020(A)** ## **PETITIONER:** **K.MATHEW JOHN AGED 72 YEARS S/O. K.J MATHEW, KUTTIKANDATHIL THADATHIL HOUSE, THEODICAL P O, PERUMPETTY, KOTTANAD, MALLAPPALLY TALUK, PATHANAMTHITTA DISTRICT, PIN-689613.** **BY ADVS. SRI.JACOB P.ALEX SRI.JOSEPH P.ALEX SHRI.MANU SANKAR P.** ## **RESPONDENTS:** |**1**|**STATE OF KERALA**| |---|---| ||**REPRESENTED BY THE GOVERNMENT SECRETARY FOR**| ||**COOPERATION, GOVERNMENT SECRETARIAT,**| ||**THIRUVANANTHAPURAM, PIN- 695001.**| |**2**|**REGISTRAR OF COOPERATIVE SOCIETIES,**| ||**OFFICE OF REGISTRAR OF COOPERATIVE SOCIETIES,**| ||**JAWAHAR SAHAKARANA BHAVAN, DPI JUNCTION, THYCAUD**| ||**PO, THIRUVANANTHAPURAM, PIN-695014.**| |**3**|**JOINT REGISTRAR OF COOPERATIVE SOCIETIES(GENERAL)**| ||**OFFICE OF THE JOINT REGISTRAR OF COOPERATIVE**| ||**SOCIETIES, MINI CIVIL STATION, PATHANAMTHITTA,**| ||**PIN- 689645.**| |**4**|**ASSISTANT REGISTRAR OF COOPERATIVE**| ||**SOCIETIES(GENERAL)**| ||**MALLAPPALLY, OFFICE OF ASSISTANT REGISTRAR(GENERAL)**| ||**OF COOPERATIVE SOCIETIES, MALLAPPALLY WEST P O,**| WP(C).No.16204 OF 2020 & Connected Cases 18 ## **PATHANAMTHITTA DISTRICT, PIN-689585.** - **5 KOTTANAD SERVICE COOPERATIVE BANK LTD NO. A.153, REPRESENTED BY ITS SECRETARY, KOTTANAD P O, PATHANAMTHITTA DISTRICT, PIN-689615.** - **6 BOARD OF DIRECTORS OF THE KOTTANAD SERVICE COOPERATIVE BANK** - **LTD NO. A153, REPRESENTED BY ITS PRESIDENT, KOTTANAD P O, PATHANAMTHITTA DISTRICT, PIN-689615.** - **7 BRANCH MANAGER, KOTTANAD SERVICE COOPERATIVE BANK LTD NO.A.153, KOTTANAD BRANCH, KOTTANAD P O, PATHANAMTHITTA DISTRICT, PIN-689615.** **R5-6 BY ADV. SRI.SHAJI THOMAS R5-6 BY ADV. SRI.JEN JAISON** **THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 10.02.2021, ALONG WITH WP(C).16204/2020(A), WP(C).16223/2020(C), WP(C).16342/2020(P), WP(C).16373/2020(V), WP(C).16374/2020(V), WP(C).16380/2020(V), WP(C).16498/2020(J), WP(C).16604/2020(A), WP(C).16642/2020(E), WP(C).16699/2020(J), THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** WP(C).No.16204 OF 2020 & Connected Cases 19 ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR. JUSTICE SUNIL THOMAS** **WEDNESDAY, THE 10TH DAY OF FEBRUARY 2021 / 21ST MAGHA,1942** ## **WP(C).No.16498 OF 2020(J)** ## **PETITIONER:** **ANNAMMA MATHEWS AGED 83 YEARS W/O.LATE V.T MATHEWS, (VENGAMOOTTIL HOUSE, KOTTANAD P.O., KUMPLAMTHANAM, PERUMPETTY, PATHANAMTHITTA DISTRICT-689 615) NOW RESIDING AT 1B, MUTHOOT RAINBOW APARTMENT AKG NAGAR ROAD, PEROORKADA P.O., THIRUVANANTHAPURAM-695 005..** **BY ADVS. SRI.JACOB P.ALEX SRI.JOSEPH P.ALEX SHRI.MANU SANKAR P.** ## **RESPONDENTS:** **1 STATE OF KERALA REP BY THE GOVERNMENT SECRETARY FOR CO-OPERATION GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695001. 2 REGISTRAR OF CO-OPERATIVE SOCIETIES OFFICE OF REGISTRAR OF CO-OPERATIVE SOCIETIES, JAWHAR SAHAKARANA BHAVAN, DPI JUNCTION, THYCAUD P.O., THIRUVANANTHAPURAM, PIN-695 014.** **3 JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES(GENERAL) OFFICE OF THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES, MINI CIVIL STATION, PATHANAMTHITTA, PIN-689 645. 4 ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES (GENERAL) MALLAPALLY, OFFICE OF ASSISTANT REGISTRAR OF COOPERATIVE SOCIETIES (GENERAL),** WP(C).No.16204 OF 2020 & Connected Cases 20 **MALLAPALLY WEST P.O, PATHANAMTHITTA DISTRICT PIN-689 585.** - **5 KOTTANAD SERVICE CO-OPERATIVE BANK LTD.NO.A153 REP BY ITS SECRETARY, KOTTANAD P.O., PATHANAMTHITTA DISTRICT PIN-689 615.** **6 BOARD OF DIRECTORS OF THE KOTTANAD SERVICE COOPERATIVE BANK LTD NO.A.153, REP BY ITS PRESIDENT, KOTTANAD P.O., PATHANAMTHITTA DISTRICT PIN-689 615.** - **7 BRANCH MANAGER** **KOTTANAD SERVICE CO-OPERATIVE BANK LTD NO.A 153, PERUMPETTY BRANCH, PERUMPETTY VILLAGE, PATHANAMTHITTA DISTRICT PIN-689592** **R5-6 BY ADV. SRI.SHAJI THOMAS R5-6 BY ADV. SRI.JEN JAISON** **THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 10.02.2021, ALONG WITH WP(C).16204/2020(A), WP(C).16223/2020(C), WP(C).16342/2020(P), WP(C).16373/2020(V), WP(C).16374/2020(V), WP(C).16380/2020(V), WP(C).16403/2020(A), WP(C).16604/2020(A), WP(C).16642/2020(E), WP(C).16699/2020(J), THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** WP(C).No.16204 OF 2020 & Connected Cases 21 ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR. JUSTICE SUNIL THOMAS** **WEDNESDAY, THE 10TH DAY OF FEBRUARY 2021 / 21ST MAGHA,1942** ## **WP(C).No.16604 OF 2020(A)** ## **PETITIONERS:** |**1**|**K.C.VARGHESE**| |---|---| ||**AGED 75 YEARS**| ||**S/O C.T.CHACKO,**| ||**KOCHUMADATHIL HOUSE, KOTTANAD P.O.**| ||**PERUMPETTY, KOTTANAD,**| ||**PATHANAMTHITTA DISTRICT,**| ||**PIN-689 615.**| |**2**|**MARIAMMA VARGHESE,**| ||**AGED 72 YEARS**| ||**W/O VARGHESE,**| ||**KOCHUMADATHIL HOUSE, KOTTANAD P.O.**| ||**PERUMPETTY, KOTTANAD,**| ||**PATHANAMTHITTA DISTRICT,**| ||**PIN-689 615.**| |**3**|**JACOB VARGHESE,**| ||**AGED 45 YEARS**| ||**S/O VARGHESE,**| ||**KOCHUMADATHIL HOUSE,**| ||**KOTTANAD P.O.PERUMPETTY,**| ||**KOTTANAD,**| ||**PATHANAMTHITTA DISTRICT,**| ||**PIN-689 615.**| |**4**|**AJITHA JACOB,**| ||**AGED 38 YEARS**| ||**W/O JACOB VARGHESE,**| ||**KOCHUMADATHIL HOUSE,**| ||**KOTTANAD P.O.PERUMPETTY,**| ||**KOTTANAD,**| ||**PATHANAMTHITTA DISTRICT, PIN-689 615.**| |**5**|**DAVIS GEORGE,**| ||**AGED 20 YEARS**| ||**S/O GEORGE KOSHY,**| WP(C).No.16204 OF 2020 & Connected Cases 22 **ALUMMOTTIL HOUSE, MALLAPPALLY WEST P.O. MALLAPPALLY, PATHANAMTHITTA DISTRICT, PIN-689 585.** **BY ADVS.** **SRI.JACOB P.ALEX SRI.JOSEPH P.ALEX SHRI.MANU SANKAR P.** ## **RESPONDENTS:** - **1 STATE OF KERALA REPRESENTED BY THE GOVERNMENT SECRETARY FOR COOPERATION, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, PIN-695 001.** - **2 REGISTRAR OF CO-OPERATIVE SOCIETIES. OFFICE OF REGISTRAR OF CO-OPERATIVE SOCIETIES, JAWHAR SAHAKARANA BHAVAN, DPI JUNCTION, THYCAUD P.O.THIRUVANANTHAPURAM, PIN-695 014.** - **3 JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES (GENERAL), OFFICE OF THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES, MINI CIVIL STATION, PATHANAMTHITTA, PIN-689 645.** - **4 ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES (GENERAL), MALLAPALLY,** - **OFFICE OF ASSISTANT REGISTRAR (GENERAL) OF COOPERATIVE SOCIETIES, MALLAPALLY WEST P.O.PATHANAMTHITTA DISTRICT, PIN-689 585.** - **5 KOTTANAD SERVICE CO-OPERATIVE BANK LTD NO A.153, REPRESENTED BY ITS SECRETARY, KOTTANAD P.O.PATHANAMTHITTA DISTRICT, PIN-689 615.** - **6 BOARD OF DIRECTORS OF THE KOTTANAD SERVICE COOPERATIVE BANK LTD NO A 153, REPRESENTED BY ITS PRESIDENT, KOTTANAD P.O.PATHANAMTHITTA DISTRICT, PIN-689 615.** - **7 BRANCH MANAGER, KOTTANAD SERVICE CO-OPERATIVE BANK LTD NO A 153, KOTTANAD BRANCH, KOTTANAD P.O.PATHANAMTHITTA DISTRICT, PIN-689 615.** **R1-4 BY GOVERNMENT PLEADER** WP(C).No.16204 OF 2020 & Connected Cases 23 **R5-6 BY ADV. SRI.SHAJI THOMAS R5-6 BY ADV. SRI.JEN JAISON** **THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 10.02.2021, ALONG WITH WP(C).16204/2020(A), WP(C).16223/2020(C), WP(C).16342/2020(P), WP(C).16373/2020(V), WP(C).16374/2020(V), WP(C).16380/2020(V), WP(C).16403/2020(A), WP(C).16498/2020(J), WP(C).16642/2020(E), WP(C).16699/2020(J), THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** WP(C).No.16204 OF 2020 & Connected Cases 24 ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR. JUSTICE SUNIL THOMAS** **WEDNESDAY, THE 10TH DAY OF FEBRUARY 2021 / 21ST MAGHA,1942** ## **WP(C).No.16642 OF 2020(E)** |**PETITIONERS**<br>**:**|**PETITIONERS**<br>**:**|| |---|---|---| |**1**||**SANTHOSH T.THOMAS**| |||**AGED 45 YEARS**| |||**THANNIRAM POIKAYIL THADATHIL HOUSE,**| |||**KOTTANADU,**| |||**THEODICAL,**| |||**VELLAYIL,**| |||**PATHANAMTHITTA DISTRICT,**| |||**PIN - 689 613.**| |**2**||**LATHA SANTHOSH**| |||**AGED 42 YEARS**| |||**THANNIRAM POIKAYIL THADATHIL HOUSE,**| |||**KOTTANADU,**| |||**THEODICAL, VELLAYIL,**| |||**PATHANAMTHITTA DISTRICT,**| |||**PIN - 689 613.**| |**3**||**T. T. THOMAS**| |||**AGED 80 YEARS**| |||**S/O. VARGHESE,**| |||**THANNIRAM POIKAYIL THADATHIL HOUSE,**| |||**PERUMPETTY VILLAGE, THEODICAL P. O.,**| |||**KOTTANADU, PATHANAMTHITTA DISTRICT,**| |||**PIN - 689 613.**| |**4**||**SANTHAMMA THOMAS**| |||**AGED 73 YEARS**| |||**W/O. THOMAS,**| |||**THANNIRAM POIKAYIL THADATHIL HOUSE,**| |||**PERUMPETTY VILLAGE, THEODICAL P. O.,**| |||**KOTTANADU, PATHANAMTHITTA DISTRICT,**| |||**PIN - 689 613.**| |||**BY ADVS.**| |||**SRI.JACOB P.ALEX**| |||**SRI.JOSEPH P.ALEX**| WP(C).No.16204 OF 2020 & Connected Cases 25 ## **SHRI.MANU SANKAR P.** ## **RESPONDENTS:** - **1 STATE OF KERALA REPRESENTED BY THE GOVERNMENT SECRETARY FOR COOPERATION, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695 001.** - **2 REGISTRAR OF COOPERATIVE SOCIETIES OFFICE OF REGISTRAR OF COOPERATIVE SOCIETIES, JAWHAR SAHAKARANA BHAVAN, DPI JUNCTION, T HYCAUD P. O., THIRUVANANTHAPURAM, PIN - 695 014.** - **3 JOINT REGISTRAR OF COOPERATIVE SOCIETIES (GENERAL) OFFICE OF THE JOINT REGISTRAR OF COOPERATIVE SOCIETIES, MINI CIVIL STATION, PATHANAMTHITTA, PIN - 689 645.** - **4 ASSISTANT REGISTRAR OF COOPERATIVE SOCIETIES (GENRAL), MALLAPALLY OFFICE OF ASSISTANT REGISTRAR (GENERAL) OF COOPERATIVE SOCIETIES, MALLAPALLY WEST P. O., PATHANAMTHITTA DISTRICT, PIN - 689 585.** - **5 KOTTANAD SERVICE COOPERATIVE BANK LTD. NO.A153 REPRESENTED BY ITS SECRETARY, KOTTANAD P. O., PATHANAMTHITTA DISTRICT, PIN - 689 615.** - **6 BOARD OF DIRECTORS OF THE KOTTANAD SERVICE COOPERATIVE BANK LTD. NO.A153, REPRESENTED BY ITS PRESIDENT, KOTTANAD P. O., PATHANAMTHITTA DISTRICT, PIN - 689 615.** **7 BRANCH MANAGER KOTTANAD SERVICE CO-OPERATIVE BANK LTD. NO. A153, KOTTANAD BRANCH, KOTTANAD P. O., PATHANAMTHITTA DISTRICT, PIN - 689 615.** **R5-6 BY ADV. SRI.SHAJI THOMAS R5-6 BY ADV. SRI.JEN JAISON** **THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 10.02.2021, ALONG WITH WP(C).16204/2020(A), WP(C).16223/2020(C), WP(C).16342/2020(P), WP(C).16373/2020(V), WP(C).16374/2020(V), WP(C).16380/2020(V), WP(C).16403/2020(A), WP(C).16498/2020(J), WP(C).16604/2020(A), WP(C).16699/2020(J), THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** WP(C).No.16204 OF 2020 & Connected Cases 26 ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR. JUSTICE SUNIL THOMAS** **WEDNESDAY, THE 10TH DAY OF FEBRUARY 2021 / 21ST MAGHA,1942** ## **WP(C).No.16699 OF 2020(J)** ## **PETITIONER:** **ANNAMMA THOMAS AGED 85 YEARS W/O. LATE V.V. THOMAS, VELAMPARAMBIL HOUSE, KOTTANAD P O, KOTTANAD PANCHAYAT, PERUMPETTY VILLAGE, MALLAPPALLY TALUK, PATHANAMTHITTA DISTRICT, PIN-689615.** **BY ADVS. SRI.JACOB P.ALEX SRI.JOSEPH P.ALEX SHRI.MANU SANKAR P.** ## **RESPONDENTS:** **1 STATE OF KERALA REPRESENTED BY THE GOVERNMENT SECRETARY FOR COOPERATION, GOVERNMENT SECRETARIAT, THIRUVANANTHAPAURAM, PIN-695001.** **2 REGISTRAR OF CO-OPERATIVE SOCIETIES, OFFICE OF REGISTRAR OF CO-OPERATIVE SOCIETIES, JAWHAR SAHAKARANA BHAVAN, DPI JUNCTION, THYCAUD P O, THIRUVANANTHAPURAM, PIN-695014.** - **3 JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES(GENERAL) OFFICE OF THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES, MINI CIVIL STATION, PATHANAMTHITTA, PIN-689645.** - **4 ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES(GENERAL) MALLAPALLY, OFFICE OF ASSISTANT REGISTRAR(GENERAL)** WP(C).No.16204 OF 2020 & Connected Cases 27 **OF CO-OPERATIVE SOCIETIES, MALLAPALLY WEST P.O, PATHANAMTHITTA DISTRICT, PIN- 689585.** - **5 KOTTANAD SERVICE CO-OPERATIVE BANK LTD NO. A .153. REPRESENTED BY ITS SECRETARY, KOTTANAD P O, PATHANAMTHITTA DISTRICT, PIN-689615.** - **6 BOARD OF DIRECTORS OF THE KOTTANAD SERVICE COOPERATIVE BANK LTD NO. A.153, REPRESENTED BY ITS PRESIDENT, KOTTANAD P O, PATHANAMTHITTA DISTRICT, PIN - 689615,** - **7 BRANCH MANAGER, KOTTANAD SERVICE CO-OPERATIVE BANK LTD NO. A.153, KOTTANAD BRANCH, PERUMPETTY VILLAGE, PATHANAMTHITTA DISTRICT, PIN-689615.** **R5-6 BY ADV. SRI.SHAJI THOMAS R5-6 BY ADV. SRI.JEN JAISON** **THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 10.02.2021, ALONG WITH WP(C).16204/2020(A), WP(C).16223/2020(C), WP(C).16342/2020(P), WP(C).16373/2020(V), WP(C).16374/2020(V), WP(C).16380/2020(V), WP(C).16403/2020(A), WP(C).16498/2020(J), WP(C).16604/2020(A), WP(C).16642/2020(E), THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** WP(C).No.16204 OF 2020 & Connected Cases 28 ## **COMMON JUDGMENT** **[ WP(C).16204/2020, WP(C).16223/2020, WP(C).16342/2020, WP(C).16373/2020, WP(C).16374/2020, WP(C).16380/2020, WP(C).16403/2020, WP(C).16498/2020, WP(C).16604/2020, WP(C).16642/2020, WP(C).16699/2020 ]** ## **Dated this the 10th day of February 2021** The petitioners herein are the depositors of the fifth respondent - Co-operative Bank. Each of the petitioners or their family members have deposited substantial portion of their savings and earnings in the bank on agreed interest. They have been issued with the Fixed Deposit Receipts, copies of which are produced and marked in each of the writ petition. 2. The grievance of the petitioners is that, in spite of the completion of the period of maturity, neither the principal amount nor the interest have been paid to the petitioners. Hence, the writ petitions were filed. A common counter has been filed by the bank in WP(C).No.16204 OF 2020 & Connected Cases **==> picture [13 x 8] intentionally omitted <==** W.P(C)No.16342/2020. 3. The deposit of money in Fixed Deposits, the amount payable and the existence of the liability to repay the amount with agreed interest, are not seen disputed. The main contention set up by the learned counsel for the petitioners is that, the Bank is not a 'State' or an 'instrumentality of State' under Article12 of the Constitution of India and hence a writ petition is not sustainable against the society. It was further contended that, in the light of Section 69 of the Kerala Co-operative Societies Act, which provides for an efficacious relief, a writ petition is not maintainable for the relief as sought by the petitioners. It was further contended that, the question whether a writ petition is sustainable against a society is a matter pending before the Full Bench and the Court may wait till the final decision is rendered. Another contention projected by the WP(C).No.16204 OF 2020 & Connected Cases 30 learned counsel for the Bank was that, the Bank is in utter financial difficulties due to series of irregularities committed in the functioning of bank during 2004-2014. The present Managing Committee took charge only few months back and several awards passed in favour of the Bank by the arbitrators are pending execution. Unless those amounts are recovered, liability of petitioners cannot be discharged. 4. The learned counsel for the Bank vehemently contented that, the writ petition is not maintainable and that the Bank does not come under the definition of State, against whom a writ is maintainable. He relied on the decision of the Hon'ble Supreme Court reported in **2013(16) SCC 82,** wherein it was held that, societies though subject to control of statutory authorities, do not fall within the ambit of State or instrumentality of State. This was the law laid down in **Federal Bank Ltd v Sagar Thomas** WP(C).No.16204 OF 2020 & Connected Cases 31 **[2003(10)SCC 733]** , the larger bench decision in **2015 (1) KHC 779,** and seven Judges Bench decision in **Pradeep Kumar Biswas v Indian Institute of Chemical Biology [2002(5)SCC 111]** . 5. The Writ Petition, as framed shows that apart from the Society, State and officers of Co-operative department are arrayed as respondents. The main relief sought is to enforce the direction of Joint Registrar in Ext.P4 and to take necessary steps pursuant to Ext.P3 complaint. The second prayer is to direct second respondent Registrar to initiate action under Section 32 of Kerala Co-operative Societies Act and to appoint an Administrator. In the light of the relief sought, which is against statutory authorities, I find no reason to hold that the writ petition as framed is not sustainable and the question whether Bank is a 'State' or 'Instrumentality of State' need not be gone into. WP(C).No.16204 OF 2020 & Connected Cases **==> picture [13 x 8] intentionally omitted <==** 6. The next contention of the learned counsel for the respondent was that, the petitioners have got another efficacious remedy by virtue of Section 69 of the Kerala Cooperative Societies Act. Counsel placed reliance on **U.P State Co-operative Land Development Bank Ltd V Chandra Bhan Dubey & Others [1999(1)SCC 741]** , **Nivedita Sharma v Cellular Operators Association of India & Others [2011(14) SCC 337]** to substantiate this contention. This contention does not appear to be applicable in the facts of this case. It seems that, the transaction with the petitioners and the liability are not in dispute. The only defense seems to be that, they are unable to pay the amount at this stage due to financial difficulties. In the light of the admission of liability, there is no scope for a dispute as contemplated under Section 69 of the Kerala Co-operative Societies Act. Having considered the entire facts, I am WP(C).No.16204 OF 2020 & Connected Cases 33 inclined to dispose of all the writ petitions, with a direction to the fourth respondent to ensure that the fifth respondent Bank comply with Ext.P5 direction and in case of failure, the second respondent shall initiate proceedings under Section 32 of Co-operative Societies Act. The Bank shall pay the entire amount due to each of the petitioners either in installments or in a lump, within a period of six months from today, failing which the petitioners will be entitled to seek appropriate steps for the realization of the amounts. These writ petitions are disposed of accordingly. ## **Sd/-** ## **SUNIL THOMAS** ## **JUDGE** **Jms //True Copy// P.A to Judge** WP(C).No.16204 OF 2020 & Connected Cases 34 ## **APPENDIX OF WP(C) 16204/2020** ## **PETITIONERS' EXHIBITS:** **EXHIBIT P1 TRUE COPY OF THE RECEIPT BEARING NO.009163 DATED 09/08/2014.** **EXHIBIT P1(A) TRUE COPY OF THE RECEIPT BEARING NO.8357 DATED 10/08/2016.** **EXHIBIT P1 (B) TRUE COPY OF THE RECEIPT BEARING NO.10626 DATED 11/07/2019.** - **EXHIBIT P2 TRUE COPY OF THE LETTER DATED 13/02/2020 SUBMITTED BY THE 1ST PETITIONER.** - **EXHIBIT P3 TRUE COPY OF THE LETTER DATED 13/02/2020 SUBMITTED BY THE 1ST PETITIONER BEFORE THE 4TH RESPONDENT.** - **EXHIBIT P4 TRUE COPY OF THE LETTER DATED 03/03/2020 BEARING FILE NO. E.130/2020 FROM THE EZHUMATOOR UNIT INSPECTOR, OFFICE OF THE ASSISTANT REGISTRAR (GENERAL), MALLAPALLY.** - **EXHIBIT P5 TRUE COPY OF THE LETTER DATED 12/03/2020 BEARING FILE NO. 137/2019-2020 ISSUED BY THE 5TH RESPONDENT.** - **EXHIBIT P6 TRUE COPY OF THE LETTER DATED 18/03/2020 SUBMITTED BY THE 1ST PETITIONER BEFORE THE 3RD RESPONDENT.** - **EXHIBIT P7 TRUE COPY OF THE LETTER DATED 12/05/2020 BEARING FILE NO. CRP (2)1273/2020 ISSUED BY THE 3RD RESPONDENT TO THE 4TH RESPONDENT.** - **EXHIBIT P8 TRUE COPY OF THE LETTER DATED 11/06/2020 BEARING FILE NO. E.270/2020 FROM THE OFFICE OF THE 4TH RESPONDENT.** - **EXHIBIT P9 TRUE COPY OF THE REPRESENTATION DATED 23/07/2020 SUBMITTED BY THE PETITIONERS BEFORE THE 2ND RESPONDENT.** **RESPONDENTS' EXHIBITS:** **EXHIBIT R5(A) TRUE PHOTOCOPY OF THE REPRESENTATION DATED 22.2.2020 SUBMITTED BY THE PRESIDENT ON BEHALF OF THE MANAGING COMMITTEE** WP(C).No.16204 OF 2020 & Connected Cases 35 **EXHIBIT R5(B) TRUE PHOTOCOPY OF THE APPLICATION DATED 23.6.2020 SUBMITTED TO THE 3RD RESPONDENT EXHIBIT R5(C) TRUE PHOTOCOPY OF THE RELEVANT PORTION OF THE BYE-LAWS OF THE 5TH RESPONDENT BANK** WP(C).No.16204 OF 2020 & Connected Cases 36 ## **APPENDIX OF WP(C) 16223/2020** ## **PETITIONERS' EXHIBITS:** **EXHIBIT P1 TRUE COPY OF THE RECEIPT BEARING NO.009913 DATED 29.08.2016. EXHIBIT P1 A TRUE COPY OF THE RECEIPT BEARING NO.009910 DATED 22.08.2016. EXHIBIT P1 TRUE COPY OF THE RECEIPT BEARING NO.009455 DATED 05.03.2015. EXHIBIT P1 C TRUE COPY OF THE RECEIPT NO.10431 DATED 01.03.2019. EXHIBIT P2 TRUE COPY OF THE DISABILITY CERTIFICATE DATED 04.05.2018 OF ALEENA ANNA THOMAS. EXHIBIT P3 TRUE COPY OF THE LETTER DATED 24.07.2020 SUBMITTED BY THE 1ST PETITIONER BEFORE THE 4TH RESPONDENT. EXHIBIT P4 TRUE COPY OF THE LETTER DATED 24.07.2020 SUBMITTED BY THE 1ST PETITIONER BEFORE THE 3RD RESPONDENT. EXHIBIT P5 TRUE COPY OF THE REPRESENTATION DATED 27.07.2020 SUBMITTED BY THE PETITIONERS BEFORE THE 2ND RESPONDENT.** **RESPONDENTS' EXHIBITS:** **EXHIBIT R5(A) TRUE PHOTOCOPY OF THE REPRESENTATION DATED 22.02.2020 SUBMITTED BY THE PRESIDENT ON BEHALF OF THE MANAGING COMMITTEE. EXHIBIT R5(B) TRUE PHOTOCOPY OF THE APPLICATION DATED 23.06.2020 SUBMITTED TO THE 3RD RESPONDENT. EXHIBIT R5(C) TRUE PHOTOCOPY OF THE RELEVANT PORTION OF THE BYE-LAWS OF THE 5TH RESPONDENT BANK.** WP(C).No.16204 OF 2020 & Connected Cases 37 ## **APPENDIX OF WP(C) 16342/2020** ## **PETITIONERS' EXHIBITS:** **EXHIBIT P1 TRUE COPY OF THE RECEIPT BEARING NO.10454 DATED 25.03.2019** **EXHIBIT P1A TRUE COPY OF THE RECEIPT BEARING NO.10455 DATED 25.03.2019** **EXHIBIT P1B TRUE COPY OF THE RECEIPT BEARING NO.10456 DATED 25.03.2019** **EXHIBIT P1C TRUE COPY OF THE RECEIPT BEARING NO.10451 DATED 25.03.2019** **EXHIBIT P1D TRUE COPY OF THE RECEIPT BEARING NO.104552 DATED 25.03.2019 EXHIBIT P1E TRUE COPY OF THE RECEIPT BEARING NO.10453 DATED 25.03.2019** **EXHIBIT P1F TRUE COPY OF THE RECEIPT BEARING NO.008337 DATED 18.05.2016** - **EXHIBIT P1G TRUE COPY OF THE RECEIPT BEARING NO.008338 DATED 18.05.2016** **EXHIBIT P1H TRUE COPY OF THE RECEIPT BEARING NO.008339 DATED 18.05.2016** - **EXHIBIT P1I TRUE COPY OF THE RECEIPT BEARING NO.008340 DATED 18.05.2016** - **EXHIBIT P2 TRUE COPY OF THE LETTER DATED 10.01.2020 SUBMITTED BY THE 1ST PETITIONER BEFORE THE 4TH RESPONDENT** - **EXHIBIT P3 TRUE COPY OF THE LETTER DATED 10.01.2020 SUBMITTED BY THE 1ST PETITIONER BEFORE THE 3RD RESPONDENT** - **EXHIBIT P4 TRUE COPY OF THE LETTER DATED 18.01.2020 BEARING FILE NO.CRP (2) 177/2020 /L.DIS ISSUED BY THE 3RD RESPONDENT TO THE 4TH RESPONDENT** **EXHIBIT P5 TRUE COPY OF THE LETTER DATED 11.02.2020 BARING FILE NO.E.108/20 FROM THE 4TH RESPONDENT** WP(C).No.16204 OF 2020 & Connected Cases 38 **EXHIBIT P6** **TRUE COPY OF THE REPRESENTATION DATED 23.07.2020 SUBMITTED BY THE PETITIONERS BEFORE THE 2ND RESPONDENT** ## **RESPONDENTS' EXHIBITS:** **EXHIBIT R5(A) TRUE PHOTOCOPY OF THE REPRESENTATION DATED 22.2.2020 SUBMITTED BY THE PRESIDENT ON BEHALF OF THE MANAGING COMMITTEE** **EXHIBIT R5(B) TRUE PHOTOCOPY OF THE APPLICATION DATED 23.6.2020 SUBMITTED TO THE 3RD RESPONDENT EXHIBIT R5(C) TRUE PHOTOCOPY OF THE RELEVANT PORTION OF THE BYE-LAWS OF THE 5TH RESPONDENT BANK** WP(C).No.16204 OF 2020 & Connected Cases 39 ## **APPENDIX OF WP(C) 16373/2020** ## **PETITIONERS' EXHIBITS:** **EXHIBIT P1 TRUE COPY OF THE RECEIPT BEARING NO.11752 DATED 06.08.2019** - **EXHIBIT P1A TRUE COPY OF THE RECEIPT BEARING NO.11751 DATED 06.08.2019** - **EXHIBIT P1B TRUE COPY OF THE RECEIPT BEARING NO.10599 DATED 02.09.2019** - **EXHIBIT P1C TRUE COPY OF THE RECEIPT BEARING NO.11754 DATED 19.08.2019** - **EXHIBIT P1D TRUE COPY OF THE RECEIPT BEARING NO.10600 DATED 19.10.2019** - **EXHIBIT P1E TRUE COPY OF THE RECEIPT BEARING NO.11786 DATED 15.07.2020** - **EXHIBIT P1F TRUE COPY OF THE RECEIPT BEARING NO.11783 DATED 15.07.220** - **EXHIBIT P1G TRUE COPY OF THE RECEIPT BEARING NO.11785 DATED 15.07.220** - **EXHIBIT P1H TRUE COPY OF THE RECEIPT BEARING NO.11784 DATED 15.07.220** - **EXHIBIT P1I TRUE COPY OF THE RECEIPT BEARING NO.11787 DATED 15.07.220** - **EXHIBIT P2 TRUE COPY OF THE LETTER DATED 23.07.2020 SUBMITTED BY THE PETITIONERS BEFORE THE 3RD RESPONDENT** **EXHIBIT P3 TRUE COPY OF THE REPRESENTATION DATED 23.07.2020 SUBMITTED BY THE PETITIONERS BEFORE THE 2ND RESPONDENT** ## **RESPONDENTS' EXHIBITS:** **EXHIBIT R5(a) TRUE PHOTOCOPY OF THE REPRESENTATION DATED 22.02.2020 SUBMITTED BY THE PRESIDENT ON BEHALF OF THE MANAGING COMMITTEE.** **EXHIBIT R5(b) TRUE PHOTOCOPY OF THE APPLICATION DATED 23.06.2020 SUBMITTED TO THE 3RD RESPONDENT.** WP(C).No.16204 OF 2020 & Connected Cases 40 **EXHIBIT R5(c) TRUE PHOTOCOPY OF THE RELEVANT PORTION OF THE BYE-LAWS OF THE 5TH RESPONDENT BANK.** WP(C).No.16204 OF 2020 & Connected Cases 41 ## **APPENDIX OF WP(C) 16374/2020** ## **PETITIONER'S EXHIBITS:** **EXHIBIT P1 TRUE COPY OF THE RECEIPT BEARING NO.11789 DATED 15/07/2020.** **EXHIBIT P1(A) TRUE COPY OF THE RECEIPT BEARING NO.11790 DATED 15.07.2020. EXHIBIT P1(B) TRUE COPY OF THE RECEIPT BEARING NO.009217 DATED 10.03.2014 EXHIBIT P1(C) TRUE COPY OF THE RECEIPT BEARING NO.10382 DATED 22.11.2018. EXHIBIT P2 TRUE COPY OF THE LETTER DATED 23.07.2020 SUBMITTED BY THE PETITIONER BEFORE THE 3RD RESPONDENT.** **EXHIBIT P3 TRUE COPY OF THE REPRESENTATION DATED 23/07/2020 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT.** **RESPONDENTS' EXHIBITS:** **EXHIBIT R5(A) TRUE PHOTOCOPY OF THE REPRESENTATION DATED 22.02.2020 SUBMITTED BY THE PRESIDENT ON BEHALF OF THE MANGING COMMITTEE. EXHIBIT R5(B) TRUE PHOTOCOPY OF THE APPLICATION DATED 23.06.2020 SUBMITTED TO THE 3RD RESPONDENT. EXHIBIT R5(C) TRUE PHOTOCOPY OF THE RELEVANT PORTION OF THE BYE-LAWS OF THE 5TH RESPONDENT BANK.** WP(C).No.16204 OF 2020 & Connected Cases 42 ## **APPENDIX OF WP(C) 16380/2020** ## **PETITIONERS' EXHIBITS:** |**EXHIBIT P1**|**TRUE COPY OF RECEIPT BEARING NO.11546 DATED**| |---|---| ||**23.3.2020.**| |**EXHIBIT P1(A)**|**TRUE COPY OF RECEIPT BEARING NO.11547 DATED**| ||**23.3.2020.**| |**EXHIBIT P1(B)**|**TRUE COPY OF RECEIPT BEARING NO.11548 DATED**| ||**26.3.2020.**| |**EXHIBIT P1(C)**|**TRUE COPY OF RECEIPT BEARING NO.11549 DATED**| ||**26.3.2020.**| |**EXHIBIT P1(D)**|**TRUE COPY OF RECEIPT BEARING NO.11550 DATED**| ||**26.3.2020.**| |**EXHIBIT P1(E)**|**TRUE COPY OF RECEIPT BEARING NO.11579 DATED**| ||**21.7.2020.**| |**EXHIBIT P1(F)**|**TRUE COPY OF RECEIPT BEARING NO.11580 DATED**| ||**21.7.2020.**| |**EXHIBIT P1(G)**|**TRUE COPY OF RECEIPT BEARING NO.11551 DATED**| ||**26.3.2020.**| |**EXHIBIT P1(H)**|**TRUE COPY OF RECEIPT BEARING NO.11552 DATED**| ||**26.3.2020.**| |**EXHIBIT P1(I)**|**TRUE COPY OF RECEIPT BEARING NO.11553 DATED**| ||**26.3.2020.**| |**EXHIBIT P1(J)**|**TRUE COPY OF RECEIPT BEARING NO.11554 DATED**| ||**26.3.2020.**| |**EXHIBIT P1(K)**|**TRUE COPY OF RECEIPT BEARING NO.11555 DATED**| ||**26.3.2020.**| |**EXHIBIT P1(L)**|**TRUE COPY OF RECEIPT BEARING NO.11541 DATED**| ||**23.3.2020.**| |**EXHIBIT P1(M)**|**TRUE COPY OF RECEIPT BEARING NO.11542 DATED**| ||**23.3.2020.**| |**EXHIBIT P1(N)**|**TRUE COPY OF RECEIPT BEARING NO.11543 DATED**| ||**23.3.2020.**| |**EXHIBIT P1(O)**|**TRUE COPY OF RECEIPT BEARING NO.11544 DATED**| ||**23.3.2020.**| WP(C).No.16204 OF 2020 & Connected Cases 43 |**EXHIBIT P1(P)**|**TRUE COPY OF RECEIPT BEARING NO.11545 DATED**| |---|---| ||**23.3.2020.**| |**EXHIBIT P1(Q)**|**TRUE COPY OF RECEIPT BEARING NO.11561 DATED**| ||**31.3.2020.**| |**EXHIBIT P1(R)**|**TRUE COPY OF RECEIPT BEARING NO.11562 DATED**| ||**31.3.2020.**| |**EXHIBIT P1(S)**|**TRUE COPY OF RECEIPT BEARING NO.11563 DATED**| ||**31.3.2020.**| |**EXHIBIT P1(T)**|**TRUE COPY OF RECEIPT BEARING NO.11564 DATED**| ||**31.3.2020.**| |**EXHIBIT P1(U)**|**TRUE COPY OF RECEIPT BEARING NO.11565 DATED**| ||**31.3.2020.**| |**EXHIBIT P1(V)**|**TRUE COPY OF RECEIPT BEARING NO.11556 DATED**| ||**26.3.2020.**| |**EXHIBIT P1(W)**|**TRUE COPY OF RECEIPT BEARING NO.11557 DATED**| ||**26.3.2020.**| |**EXHIBIT P1(X)**|**TRUE COPY OF RECEIPT BEARING NO.11558 DATED**| ||**31.3.2020.**| |**EXHIBIT P1(Y)**|**TRUE COPY OF RECEIPT BEARING NO.11559 DATED**| ||**31.3.2020.**| |**EXHIBIT P1(Z)**|**TRUE COPY OF RECEIPT BEARING NO.11560 DATED**| ||**31.3.2020.**| |**EXHIBIT P1(AA)**|**TRUE COPY OF RELEVANT PAGES OF PASSBOOK OF**| ||**SAVINGS ACCOUNT NO.88.**| |**EXHIBIT P2**|**TRUE COPY OF THE LETTER DATED 20.8.2019**| ||**SUBMITTED BY THE IST PETITIONER BEFORE THE**| ||**SECRETARY OF THE 5TH RESPONDENT COOPERATIVE**| ||**BANK.**| - **EXHIBIT P3 TRUE COPY OF THE LETTER DATED 12.12.2019 SUBMITTED BY THE IST PETITIONER BEFORE THE 4TH RESPONDENT.** - **EXHIBIT P4 TRUE COPY OF THE LETTER DATED 20.7.2020 SUBMITTED BY THE IST PETITIONER BEFORE THE 3RD RESPONDENT.** - **EXHIBIT P5 TRUE COPY OF THE REPRESENTATION DATED 23.7.2020 SUBMITTED BY THE PETITIONERS** WP(C).No.16204 OF 2020 & Connected Cases 44 **BEFORE THE 2ND RESPONDENT.** ## **RESPONDENTS' EXHIBITS:** **EXHIBIT R5(A) TRUE PHOTOCOPY OF THE REPRESENTATION DATED 22.02.2020 SUBMITTED BY THE PRESIDENT ON BEHALF OF THE MANAGING COMMITTEE. EXHIBIT R5(B) TRUE PHOTOCOPY OF THE APPLICATION DATED 23.06.2020 SUBMITTED TO THE 3RD RESPONDENT. EXHIBIT R5(C) TRUE PHOTOCOPY OF THE RELEVANT PORTION OF THE BYE-LAWS OF THE 5TH RESPONDENT BANK.** WP(C).No.16204 OF 2020 & Connected Cases 45 ## **APPENDIX OF WP(C) 16403/2020** ## **PETITIONER'S EXHIBITS:** **EXHIBIT P1 TRUE COPY OF THE RECEIPT BEARING NO.10279 DATED 05.05.2018. EXHIBIT P1(a) TRUE COPY OF THE RECEIPT BEARING NO.10299 DATED 05.1.2019. EXHIBIT P1(b) TRUE COPY OF THE RECEIPT BEARING NO.10202 DATED 05.12.2017. EXHIBIT P1(c) TRUE COPY OF THE RECEIPT BEARING NO.10396 DATED 28.12.2018. EXHIBIT P2 TRUE COPY OF THE LETTER DATED 23.07.2020 SUBMITTED BY THE PETITIONER BEFORE THE 3RD RESPONDENT. EXHIBIT P3 TRUE COPY OF THE REPRESENTATION DATED 23.07.2020 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT.** **RESPONDENTS' EXHIBITS:** **EXHIBIT R5(A) TRUE PHOTOCOPY OF THE REPRESENTATION DATED 22.02.2020 SUBMITTED BY THE PRESIDENT ON BEHALF OF THE MANAGING COMMITTEE. EXHIBIT R5(B) TRUE PHOTOCOPY OF THE APPLICATION DATED 23.06.2020 SUBMITTED TO THE 3RD RESPONDENT. EXHIBIT R5(C) TRUE PHOTOCOPY OF THE RELEVANT PORTION OF THE BYE-LAWS OF THE 5TH RESPONDENT BANK.** WP(C).No.16204 OF 2020 & Connected Cases 46 ## **APPENDIX OF WP(C) 16498/2020** ## **PETITIONER'S EXHIBITS:** **EXHIBIT P1 TRUE COPY OF RECEIPT BEARING NO.008721 DATED 30/4/2013. EXHIBIT P1(A) TRUE COPY OF RECEIPT BEARING NO.008723 DATED 30/4/2013. EXHIBIT P1(B) TRUE COPY OF RECEIPT BEARING NO.008724 DATED 30/4/2013. EXHIBIT P1(C) TRUE COPY OF RECEIPT BEARING NO.008725 DATED 30/4/2013. EXHIBIT P1(D) TRUE COPY OF RECEIPT BEARING NO.009170 DATED 29/8/2014 EXHIBIT P1(E) TRUE COPY OF RECEIPT BEARING NO.008367 DATED 27/9/2017. EXHIBIT P1(F) TRUE COPY OF RECEIPT BEARING NO.009813 DATED 14/7/2017. EXHIBIT P1(G) TRUE COPY OF THE COVER PAGE OF THE PASS BOOK FOR SAVING BANK ACCOUNT NO.271 IN THE NAME OF PETITIONER. EXHIBIT P2 TRUE COPY OF THE LETTER DATED 23/7/20 SUBMITTED BY THE PETITIONER BEFORE THE 3RD RESPONDENT. EXHIBIT P3 TRUE COPY OF THE REPRESENTATION DATED 23/7/20 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT.** - **RESPONDENTS' EXHIBITS:** - **EXHIBIT R5 A TRUE PHOTOCOPY OF THE REPRESENTAION DATED 22.02.2020 SUBMITTED BY THE PRESIDENT ON BEHALF OF THE MANAGING COMMITTEE** - **EXHIBIT R5 B TRUE PHOTOCOPY OF THE APPLICATION DATED 23.06.2020 SUBMITTED TO THE 3RD RESPONDENT** - **EXHIBIT R5 C TRUE PHOTOCOPY OF THE RELEVANT PORTION OF THE BYE-LAW OF THE 5TH RESPONDENT BANK** WP(C).No.16204 OF 2020 & Connected Cases 47 ## **APPENDIX OF WP(C) 16604/2020** ## **PETITIONERS' EXHIBITS:** |**EXHIBIT P1**||**TRUE COPY OF RECEIPT BEARING NO 10333 DATED**| |---|---|---| |||**19.7.2018**| |**EXHIBIT P1**|**(A)**|**TRUE COPY OF RECEIPT BEARING NO 10543 DATED**| |||**1.11.2019**| |**EXHIBIT P1**|**(B)**|**TRUE COPY OF RECEIPT BEARING NO 10043 DATED**| |||**28.3.2017**| |**EXHIBIT P1**|**(C)**|**TRUE COPY OF RECEIPT BEARING NO 11788 DATED**| |||**15.7.2020**| |**EXHIBIT P1**|**(D)**|**TRUE COPY OF RECEIPT BEARING NO 10019 DATED**| |||**25.2.2017**| |**EXHIBIT P1**|**(E)**|**TRUE COPY OF RECEIPT BEARING NO 10298 DATED**| |||**25.5.2018**| |**EXHIBIT P1**|**(F)**|**TRUE COPY OF RECEIPT BEARING NO 10429 DATED**| |||**25.2.2019**| |**EXHIBIT P1**|**(G)**|**TRUE COPY OF RECEIPT BEARING NO 10221 DATED**| |||**6.1.2018**| |**EXHIBIT P1**|**(H)**|**TRUE COPY OF RECEIPT BEARING NO 11779 DATED**| |||**13.7.2020**| |**EXHIBIT P1**|**(I)**|**TRUE COPY OF RECEIPT BEARING NO 11796 DATED**| |||**22.7.2020**| |**EXHIBIT P2**||**TRUE COPY OF THE LETTER SUBMITTED BY THE**| |||**1ST PETITIONER BEFORE THE 4TH RESPONDENT**| |||**ALONG WITH POSTAL RECEIPT DATED 23.7.2020**| |**EXHIBIT P3**||**TRUE COPY OF THE LETTER SUBMITTED BY THE**| |||**1ST PETITIONER BEFORE THE 3RD RESPONDENT**| |||**ALONG WITH POSTAL RECEIPT DATED 23.7.2020**| - **EXHIBIT P4 TRUE COPY OF THE REPRESENTATION DATED 23.7.2020 SUBMITTED BY THE PETITIONERS BEFORE THE 2ND RESPONDENT** - **RESPONDENTS' EXHIBITS: EXHIBIT R5(A) TRUE PHOTOCOPY OF THE REPRESENTATION DATED 22.02.2020 SUBMITTED BY THE PRESIDENT ON BEHALF OF THE MANAGING COMMITTEE.** WP(C).No.16204 OF 2020 & Connected Cases 48 **EXHIBIT R5(B) TRUE PHOTOCOPY OF THE APPLICATION DATED 23.06.2020 SUBMITTED TO THE 3RD RESPONDENT. EXHIBIT R5(C) TRUE PHOTOCOPY OF THE RELEVANT PORTION OF THE BYE-LAWS OF THE 5TH RESPONDENT BANK.** WP(C).No.16204 OF 2020 & Connected Cases 49 ## **APPENDIX OF WP(C) 16642/2020** ## **PETITIONERS' EXHIBITS:** **EXHIBIT P1 TRUE COPY OF THE RECEIPT BEARING NO.11781 DATED 14.07.2020.** **EXHIBIT P1 (a) TRUE COPY OF THE RECEIPT BEARING NO.11792 DATED 17.07.2020.** **EXHIBIT P1(b) TRUE COPY OF THE RECEIPT BEARING NO.11793 DATED 17.07.2020.** **EXHIBIT P1(c) TRUE COPY OF THE RECEIPT BEARING NO.11780 DATED 14.07.2020.** - **EXHIBIT P1(d) TRUE COPY OF THE RECEIPT BEARING NO.11795 DATED 17.07.2020.** - **EXHIBIT P1(e) TRUE COPY OF THE RECEIPT BEARING NO.11782 DATED 13.07.2020.** **EXHIBIT P1(f) TRUE COPY OF THE RECEIPT BEARING NO.11794 DATED 17.07.2020.** - **EXHIBIT P1(g) TRUE COPY OF THE RECEIPT BEARING NO.10596 DATED 11.05.2020.** - **EXHIBIT P1(h) TRUE COPY OF THE RECEIPT BEARING NO.10597 DATED 11.05.2020.** - **EXHIBIT P1(i) TRUE COPY OF THE RECEIPT BEARING NO.10598 DATED 11.05.2020.** - **EXHIBIT P2 TRUE COPY OF THE LETTER DATED 23.07.2020 SUBMITTED BY THE PETITIONERS BEFORE THE 3RD RESPONDENT.** **EXHIBIT P3 TRUE COPY OF THE REPRESENTATION DATED 23.07.2020 SUBMITTED BY THE PETITIONERS BEFORE THE 2ND RESPONDENT.** ## **RESPONDENTS' EXHIBITS:** **EXHIBIT R5(A) TRUE PHOTOCOPY OF THE REPRESENTATION DATED 22.02.2020 SUBMITTED BY THE PRESIDENT ON BEHALF OF THE MANAGING COMMITTEE.** **EXHIBIT R5(B) TRUE PHOTOCOPY OF THE APPLICATION DATED 23.06.2020 SUBMITTED TO THE 3RD RESPONDENT.** WP(C).No.16204 OF 2020 & Connected Cases 50 **EXHIBIT R5(C) TRUE PHOTOCOPY OF THE RELEVANT PORTION OF THE BYE-LAWS OF THE 5TH RESPONDENT BANK.** WP(C).No.16204 OF 2020 & Connected Cases 51 ## **APPENDIX OF WP(C) 16699/2020** ## **PETITIONER'S EXHIBITS:** **EXHIBIT P1 TRUE COPY OF THE FIXED RECEIPT BEARING NO.9703 DATED 10.03.2016.** **EXHIBIT P2 TRUE COPY OF THE LETTER DATED 30.07.2020 SUBMITTED BY THE PETITIONER BEFORE THE SECRETARY OF THE 5TH RESPONDENT COOPERATIVE BANK.** **EXHIBIT P3 TRUE COPY OF THE LETTER DATED 29.07.2020 SUBMITTED BY THE PETITIONER BEFORE THE 3RD RESPONDENT.** **EXHIBIT P4 TRUE COPY OF THE REPRESENTATION DATED 29.07.2020 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT.** **RESPONDENTS' EXHIBITS:** **EXHIBIT R5(A) TRUE PHOTOCOPY OF THE REPRESENTATION DATED 22.02.2020 SUBMITTED BY THE PRESIDENT ON BEHALF OF THE MANAGING COMMITTEE. EXHIBIT R5(B) TRUE PHOTOCOPY OF THE APPLICATION DATED 23.06.2020 SUBMITTED TO THE 3RD RESPONDENT. EXHIBIT R5(C) TRUE PHOTOCOPY OF THE RELEVANT PORTION OF THE BYE-LAWS OF THE 5TH RESPONDENT BANK.** **//True Copy// P.A to Judge**