IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE AMIT RAWAL &

THE HONOURABLE MR. JUSTICE EASWARAN S.

TUESDAY, THE 26^TH DAY OF MARCH 2024 / 6TH CHAITHRA, 1946 WA NO. 481 OF 2024 AGAINST THE JUDGMENT IN WP(C) NO.3441 OF 2022 OF HIGH COURT OF KERALA APPELLANTS/THIRD PARTY:

1 PRABHA BABU AGED 49 YEARS W/O BABU, ELAVUMMOOTTIL, PONAKOM, P.O, MAVELIKKARA, ALAPPUZHA DISTRICT, PIN - 690101

2 P.G. RAMAYAMMA AGED 64 YEARS W/O D. UNNIKRISHNA PILLAI, AMBADY HOUSE, PUNNAMMOOD, MAVELIKKARA P.O,, PIN - 690101

3 SUPRIYA PRASAD AGED 55 YEARS W/O R AJITH PRASAD, PRANAVAM HOUSE, MAVELIKKARA, THAZHAKKARA PART, ALAPPUZHA,, PIN - 690110

4 DINI SATHEESH AGED 51 YEARS VAIGA HOUSE, COLLEGE JUNCTION, MAVELIKKARA P.O, ALAPPUZHA,, PIN - 690101

5 SOBHA HARIKUMAR AGED 55 YEARS W/O HARIKUMAR, RADHEYAM HOUSE, PERIGILIPURAM P.O, ENNAKKAD, ALAPPUZHA,, PIN - 689634

6 S. RAVEENDRANATHAN NAIR AGED 71 YEARS S/O P.SIVARAMA PILLA , KAIPANALIL VADAKKATHIL HOUSE, KUTTAMPEROOR PO,MANNAR, ALAPPUZHA,, PIN - 689623

7 RENJU JAYAKUMAR AGED 48 YEARS D/O M.ARAVINDAKSHAN PILLAI, JAYA BHAVAN, EREZHA SOUTH, CHETTIKULANGARA P.O, MAVELIKARA, ALAPPUZHA DISTRICT,, PIN - 690106

8 PRABHAKARAN NAIR AGED 60 YEARS THAZHAVANA PADEETTATHIL, CHENNITHALA P.O,ALAPPUZHA DISTRICT,, PIN - 690105

9 JAYAKUMAR B.KURUP AGED 60 YEARS S/O THE LATE BHASKARA KURUP, JAYA BHAVAN, EREZHA SOUTH, CHETTIKULANGARA P.O, MAVELIKARA, ALAPPUZHA DISTRICT,, PIN - 690106 BY ADVS. C.S.MANU C.A.ANUPAMAN DILU JOSEPH T.B.SIVAPRASAD C.Y.VIJAY KUMAR MANJU E.R.

ANANDHU SATHEESH ALINT JOSEPH PAUL JOSE AJAY K. JACOB DAINY DAVIS RESPONDENT(S)/PETITIONER & RESPONDENTS:

1 OMANAKUTTAN C. D.

AGED 63 YEARS S/O. DAMODARAN, CHITTAKKAT, PUTHENKOTTAKOM, CHENNITHALA, MAVELIKARA, ALAPUZHA DISTRICT., PIN -

690105

2 THE REGISTRAR OF CO-OPERATIVE SOCIETIES KERALA STATE, JAWAHAR SAHAKARANA BHAVAN, DPI JUNCTION, THYCAUD P. O., THIRUVANANTHAPURAM - 690

014., PIN - 690014

3 THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES OFFICE OF THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES, ALAPUZHA, ALAPPUZHA DISTRICT, PIN - 688

001., PIN - 688001

4 THE ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES OFFICE OF THE ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES, MAVELIKARA, ALAPPUZHA DISTRICT, PIN - 690

101., PIN - 688001

5 THE MAVELIKARA TALUK CO-OPERATIVE BANK LIMITED NO.707 HAVING ITS HEAD OFFICE AT PULIMOODU JUNCTION, MAVELIKARA P. O., ALAPPUZHA, PIN - 690 101, REPRESENTED BY ITS SECRETARY., PIN - 690101

6 THE MAVELIKARA TALUK CO-OPERATIVE BANK LIMITED NO.707 THAZHAKARA BRANCH, THAZHAKKARA P. O., MAVELIKARA, REPRESENTED BY ITS SECRETARY, PIN - 690 101., PIN -

690101

7 THE SECRETARY THE MAVELIKARA TALUK CO-OPERATIVE BANK LIMITED NO.707, THAZHAKARA BRANCH, THAZHAKKARA P. O., MAVELIKARA, PIN - 690 101., PIN - 690101 THIS WRIT APPEAL HAVING COME UP FOR HEARING ON 26.03.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

JUDGMENT Amit Rawal, J.

The facts as relevant for adjudication of the writ appeal as well as the facts noticed by the Single Bench in brief, are enumerated as under:

2. There are number of fixed deposit holders in the Society and the liability of the Bank under the fixed deposit itself will come to nearly 105 crores whereas the amount to be recovered by way of extension of loan from the defaulter is 19 crores. Certain deposit holders like the appellants had for recovery of the due amount along with the interest invoked the jurisdiction under Section 69 of the Kerala Co-operative Societies Act and obtained the award. The award has become final as there is no challenge before the Tribunal whereas identical deposit holders had availed the remedy of writ court. Noticing the rival contentions of the deposit holders who are the writ petitioners before the Single Bench, learned Single Bench disposed of the writ petition in the following manner:

4. In the light of the above submissions, I am of the view that public interest will not be served by keeping these writ petitions pending in this Court. The suggestions made by the learned counsel appearing fo