2025:KER:28264 WP(C) NO. 2035 OF 2025 -1- IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE THE CHIEF JUSTICE MR. NITIN JAMDAR & THE HONOURABLE MR. JUSTICE S.MANU TUESDAY, THE 1ST DAY OF APRIL 2025 / 11TH CHAITHRA, 1947 WP(C) NO. 2035 OF 2025 PETITIONER/S: MYLAPRA SERVICE CO-OPERATIVE BANK LTD. NO. 639, REPRESENTED BY ITS SECRETARY -IN-CHARGE AGED 49 YEARS, MYLAPRA, PATHANAMTHITTA DISTRICT, PIN - 689678 BY ADVS. BIMAL K.NATH DIVYA C BALAN P.D.SUBRAMANIAN NAMPOOTHIRI K.N.SUGATHAN RESPONDENT/S: 1 1. DR. THOMAS JOHN M. AGED 65 YEARS (S/O. JOHN THOMAS M.), MAMBRA HOUSE, NEAR K.S.R.T.C., PATHANAMTHITTA, PIN - 689645 2 2. C.A.JITHYA JOHN AGED 28 YEARS (W/O.DR.JOHN MAJOR THOMAS), MAMBRA HOUSE, NEAR K.S.R.T.C., PATHANAMTHITTA, PIN - 689645 3 3. DR. JOHN MAJOR THOMAS AGED 34 YEARS (S/O.DR. THOMAS JOHN), MAMBRA HOUSE, NEAR K.S.R.T.C., PATHANAMTHITTA, PIN - 689645 4 4. SOSAMMA E. C 2025:KER:28264 WP(C) NO. 2035 OF 2025 -2- AGED 64 YEARS (W/O.DR.THOMAS JOHN M.), MAMBRA HOUSE, NEAR K.S.R.T.C., PATHANAMTHITTA, PIN - 689645 BY ADVS. K. JANARDHANA SHENOY ANJU DILEEP(K/000759/2023) ARYA M.A.(K/000988/2023) THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 01.04.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: 2025:KER:28264 WP(C) NO. 2035 OF 2025 -3- JUDGMENT Dated this the 1 st day of April 2025 NITIN JAMDAR, C.J. The Petitioner Co-operative Bank is aggrieved by the order passed by the Lok Ayukta dated 13 December 2024 in I.A.No.341/2024 taken out in Complaint No.264/2024-C filed by the Respondents. By this order, the Lok Ayukta had directed the Petitioner Co-operative Society to pay the Fixed Deposit amount of ₹21,46,035/- and also an amount of 5,38,879/- from the Savings ₹ Bank account with interest as on date to the Respondents within 30 days from the date of receipt of the order. 2. Heard Mr. Bimal K. Nath, learned counsel appearing for the Petitioner and Mr. K. Janardhana Shenoy, learned counsel appearing for the Respondents. 3. Apart from the arguments of the Petitioner on the jurisdiction of the Lok Ayukta to pass the impugned order and also the merits thereof, one of the contentions raised by the Petitioner is that by way of an interim order, final relief was granted to the Respondents while the complaint is still pending. 4. On 21 January 2025, after recording the submission of the Petitioner, we had issued notice to the Respondents and had stayed the impugned interim order passed by the Lok Ayukta making it clear that it will not preclude the Lok Ayukta from proceeding further with the hearing of the complaint. 2025:KER:28264 WP(C) NO. 2035 OF 2025 -4- 5. Learned counsel for the Respondents submits that a direction be issued for expeditious disposal of the complaint pending before the Lok Ayukta. 6. Having noted that the complaint is still pending and the impugned order is an interim order and if the amount is returned pursuant to the impugned order, the complaint would stand allowed, we are of the opinion that such an interim direction ought not to have been issued. Apart from the arguments on merits and on maintainability, in these circumstances, we dispose of the writ petition by continuing the interim order passed in this writ petition on 21 January 2025, till the disposal of the complaint by the Lok Ayukta. It is open to the Respondents to make a request to the Lok Ayukta for taking up the complaint earlier and it is for the Lok Ayukta to decide the request subject to the time schedule of the cases before it. All contentions of the parties on merits including that of jurisdiction and maintainability are kept open. 7. The writ petition is disposed of accordingly. Sd/- NITIN JAMDAR CHIEF JUSTICE Sd/- S.MANU JUDGE uu 2025:KER:28264 WP(C) NO. 2035 OF 2025 -5- APPENDIX OF WP(C) 2035/2025 PETITIONER EXHIBITS Exhibit P1 THE RELEVANT PAGES OF THE ENQUIRY REPORT DATED 31/03/2023 SUBMITTED UNDER SECTION 65 OF THE KERALA CO-OPERATIVE SOCIETIES ACT, 1969 ALONG WITH TRANSLATED COPY Exhibit P2 THE RELEVANT PAGES OF AUDIT CERTIFICATE DATED 04/04/2022 ISSUED UNDER SECTION 64 OF THE KERALA CO-OPERATIVE SOCIETIES ACT, 1969 ALONG WITH TRANSLATED COPY Exhibit P3 THE TRUE COPY OF THE ORDER DATED 19/08/2023 BY THE JOINT REGISTRAR, PATHANAMTHITTA ALONG WITH TRANSLATED COPY Exhibit P4 A TRUE COPY OF THE COMPLAINT DATED 10/12/2024 SUBMITTED BY THE RESPONDENTS BEFORE THE HON’BLE KERALA LOK AYUKTA ALONG WITH TRANSLATED COPY Exhibit P5 A TRUE COPY OF THE NOTICE DATED 17/12/2024 ISSUED BY THE HON’BLE KERALA LOK AYUKTA Exhibit P6 A TRUE COPY OF THE ORDER IN I. A. NO. 341/2024 IN COMPLAINT NO. 264/2024 C DATED 17/12/2024 ISSUED BY THE HON’BLE KERALA LOK AYUKTA Exhibit P7 A TRUE COPY OF THE W.P. (C ) NO. 32353/2022 WITHOUT EXHIBITS Exhibit P8 A TRUE COPY OF THE STATEMENT FILED IN W.P.(C ) NO. 32353/2022 WITHOUT EXHIBITS Exhibit P9 A TRUE COPY OF THE JUDGMENT IN W.P.(C ) NO. 32353/2022 DATED 11/09/2024 BY THE HONOURABLE HIGH COURT OF KERALA Exhibit P10 A TRUE COPY OF THE JUDGMENT IN W.P.(C ) NO. 24072/2024 DATED 12/07/2024 BY THE HONOURABLE HIGH COURT OF KERALA