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2026 Supreme(Online)(Ker) 8833

IN THE HIGH COURT OF KERALA AT ERNAKULAM
BECHU KURIAN THOMAS, J
NIRMALA G – Appellant
Versus
SECRETARY DEPARTMENT OF CO-OPERATIVE AFFAIRS, UNION OF INDIA – Respondent


Advocates:
For the Appellants/Petitioners: SHRI.ALEX K.JOHN, SHRI.ABHISHEK T.M., SMT.FIDA HUSNA P.P.
For the Respondents: SMT.I.S.LAILA, CGC

JUDGMENT

Petitioner seeks for a direction to the 2nd respondent for withdrawal of the fixed deposit and to release the amount deposited by the petitioner with the said respondent.

2. I have heard the learned Counsel for the petitioner as well as the learned Central Government Counsel for the first respondent.

3. Though the petitioner alleges that the 2nd respondent is registered with the Ministry of Corporate Affairs, Government of India and is under its control, no material has been produced to show that the 2nd respondent is a 'State' or falls under the category 'Other Authorities'. 4. Even though Ext.P1 certificate of fixed deposit mentions that the

2nd respondent is registered and controlled by the Ministry of Corporate Affairs, Government of India, the same by itself will not make the 2nd respondent fall under the category of 'Other Authorities'. Mere registration with the Registrar of Companies cannot categorize such a company as 'Other Authority' under Article 12 of the Constitution of India . Even the registration details from the Registrar of Companies has not been produced by the petitioner to convince this Court that the 2nd respondent is amenable to the writ jurisdiction

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