IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN THURSDAY, THE 4^TH DAY OF APRIL 2024 / 15TH CHAITHRA, 1946 WP(C) NO. 3254 OF 2024 PETITIONER: P.V. JOHNY, AGED 58 YEARS, S/O VAREED, PALLIPADAN HOUSE, PEECHANIKAD, PULIYANAM P.O., ANGAMALY, PIN - 683572 BY ADVS.

DENIZEN KOMATH MEREENA.J.JOSEPH RESPONDENTS:

1 STATE OF KERALA REPRESENTED BY THE SECRETARY, DEPARTMENT OF CO-OPERATION,STATE SECRETARIATE, THIRUVANTHAPURAM - 695001

2 REGISTRAR OF CO-OPERATIVE SOCIETIES, OFFICE OF REGISTRAR OF CO-OPERATIVE SOCIETIES, THIRUVANANTHAPURAM., PIN - 695014

3 JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES, CIVIL STATION,KAKKANAD, ERNAKULAM DISTRICT, PIN - 682030

4 KERALA CO-OPERATIVE DEPOSITE GUARANTEE FUND BOARD, T C 82/54221, AMBUJAVILASOM ROAD, G.P.O JUNCTION, PULIMOODU, THIRUVANANTHAPURAM, PIN – 695001 REPRESENTED BY ITS SECRETARY.

5 ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES, OFFICE OF THE ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES, CHOONDY, ALUVA, ERNAKULAM DISTRICT-, PIN - 683112

6 ANGAMALY URBAN CO-OPERATIVE SOCIETY LTD, NO. E-1081, T.B.JUNCTION, ANGAMALY, PIN - 683572 REPRESENTED BY ITS SECRETARY

7 THE SECRETARY, ANGAMALYURBAN CO-OPERATIVE SOCIETY LTD, NO. E-1081, T.B.JUNCTION, ANGAMALY, PIN - 683572 BY ADVS.

SRI.SANTHOSH KUMAR G SMT.C.S.SHEEJA, SR.GP THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 04.04.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

JUDGMENT

The petitioner is stated to be a depositor of a fixed deposit with the 6^th respondent Bank and seeks that it be returned to him forthwith since its term is now over.

2. In response to the afore request of the petitioner, as made by his learned counsel – Smt.Mereena J. Joseph, the learned Standing Counsel for the 6^th respondent – Sri.G.Santhosh Kumar, submitted that his client is now facing enquiry at the hands of the official respondents and that they have been asked not to deal with amounts, contrary to their instructions. He submitted that, therefore, it is now for the competent Authority to take a final call on the petitioner's requests.

3. Smt.C.S.Sheeja – learned Senior Government Pleader, confirmed that some enquiries are now pending against the 6^th respondent, and that they have been asked not to make payments, except with the permission of the competent Authority. She submitted that, therefore, if this Court is so inclined, the 5^th respondent – Assistant Registrar of Co-operative Societies, is willing to consider the claim of the petitioner, after hearing him, as also the 6^th respondent, and then take a decision as to the return of the fixed deposits to the former, subject to his entitlement.

Taking note of the afore submissions, I allow this writ petition, directing the 5^th respondent to immediately hear the petitioner and the Authorised Official of the 6^th respondent; thus culminating in an appropriate order and necessary action with respect to the claim of the former, without any avoidable delay, but not later than two months from the date of receipt of a copy of this judgment.

I clarify that, though, I have not entered into the merits of the rival contentions, if the petitioner is found entitled to be returned the money which he had deposited, then action for its disbursal shall not be subjected to any avoidable delay.

Sd/-

DEVAN RAMACHANDRAN JUDGE anm APPENDIX OF WP(C) 3254/2024 PETITIONER EXHIBITS Exhibit-P1 TRUE PHOTOCOPY OF THE FIXED DEPOSIT RECEIPT OF PETITIONER FOR RS. 1,00,000/- WITH ANGAMALY URBAN CO-OPERATIVE SOCIETY LTDDATED 19/10/2022 Exhibit-P2 TRUE PHOTOCOPY OF THE FIXED DEPOSIT RECEIPT OF PETITIONER FOR RS. 2,00,000/- WITH ANGAMALY URBAN CO-OPERATIVE SOCIETY LTD DATED 19/10/2022 Exhibit-P3 TRUE PHOTOCOPY OF THE RELEVANT PAGES OF THE PASSBOOK OF THE PETITIONER DATED NIL Exhibit-P3(a) TRUE PHOTOCOPY OF THE RELEVANT PAGES OF THE PASSBOOK IN THE NAME OF THE PETITIONER WIFE MEREENA DATED NIL Exhibit-P4 TRUE COPY OF THE REPRESENTATION FILED BY THE PETITIONER BEFORE THE 5TH RESPONDENT DATED NIL Exhibit-P5 TRUE C