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2025 DAILYLAW 7795 (KER)

K.R.CHANDRABOSE v. JOINT REGISTRAR OF COOPERATIVE SOCIETIES (GENERAL)

WP(C)/30124/2023 · 2025-03-21

Harisankar V Menon

Writ Petition (Civil)body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

1 WP(C) NO.30124 OF 2023 2025:KER:25725 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE HARISANKAR V. MENON FRIDAY, THE 21ST DAY OF MARCH 2025 / 30TH PHALGUNA, 1946 WP(C) NO.30124 OF 2023 PETITIONERS: 1 K.R.CHANDRABOSE, AGED 62 YEARS, S/O. K.V.RAMAN, RESIDING AT KOWMPILLIKUNNATH HOUSE, P.O. KUZHOOR, THRISSUR, PIN – 680734. 2 BEENA CHANDRABOSE, AGED 54 YEARS, W/O. K.R.CHANDRABOSE, RESIDING AT KOWMPILLIKUNNATH HOUSE, P.O. KUZHOOR, THRISSUR, PIN – 680734. 3 SREETHA BOSE AGED 26 YEARS, D/O. K.R.CHANDRABOSE, RESIDING AT KOWMPILLIKUNNATH HOUSE, P.O. KUZHOOR, THRISSUR, PIN – 680734. BY ADVS. MANU GOVIND A.JAYASANKAR RESPONDENTS: 1 JOINT REGISTRAR OF COOPERATIVE SOCIETIES (GENERAL) THRISSUR, PIN – 680003. 2 ASSISTANT REGISTRAR OF COOPERATIVE SOCIETIES (GENERAL) CHALAKKUDY, THRISSUR, PIN – 680307. 3 THE SPECIAL SALE OFFICER ASHTAMICHIRA SCB GROUP, OFFICE OF THE ASSISTANT REGISTRAR OF COOPERATIVE SOCIETIES (GENERAL), CHALAKKUDY, THRISSUR, PIN – 680307. 2 WP(C) NO.30124 OF 2023 2025:KER:25725 4 THE KUZHOOR SERVICE COOPERATIVE BANK LTD NO.540 KUZHOOR P.O., THRISSUR, PIN - 680734 BY ADVS. K.J.MANU RAJ K.J K.VINAYA(K/175/2006) THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 21.03.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: 3 WP(C) NO.30124 OF 2023 2025:KER:25725 JUDGMENT Petitioners have obtained certain credit facilities from the 3rd respondent herein and insofar as the repayments were not punctual, coercive steps were taken, leading to the issue of an award against the petitioners. 2. Sri.A.Jayasankar, learned counsel for the petitioner, points out that the petitioners have sought for one time settlement facilities, as evidenced by Ext.P1 circular and Ext.P2 application dated 10.04.2023. 3. This Court notices that pursuant to the order dated 14.09.2023, while admitting the writ petition, the petitioners were directed to make a deposit of Rs.10 lakhs. 4. Sri.A.Jayasankar, learned counsel for the petitioner, states that the afore direction has been complied with. 5. Heard the learned Standing Counsel for the 4th respondent. Having considered the rival submissions as well as the 4 WP(C) NO.30124 OF 2023 2025:KER:25725 connected records, I am of the opinion that this writ petition can be disposed of with directions, as under:- (i) The 1st and the 4th respondents to consider Ext.P2 application filed by the petitioners, taking into account Ext.P1 circular, as expeditiously as possible, at any rate, within a period of twelve weeks from today. (ii) The petitioner also to be granted an opportunity of being heard in the matter prior to disposal of Ext.P2 application. (iii) The interim order of protection, granted by this Court on 14.09.2023 will continue till final disposal of Ext.P2, as above. This writ petition is disposed of. Sd/- HARISANKAR V. MENON JUDGE Skk//05.04.2025 5 WP(C) NO.30124 OF 2023 2025:KER:25725 APPENDIX OF WP(C) NO.30124 OF 2023 PETITIONERS’ EXHIBITS: EXHIBIT P1 TRUE COPY OF THE CIRCULAR NO.3/2023 DATED 31.01.2023 ISSUED BY THE REGISTRAR OF COOPERATIVE SOCIETIES EXHIBIT P2 TRUE COPY OF THE COMPLAINT LODGED BY THE FIRST PETITIONER BEFORE THE FIRST RESPONDENT ON 10.04.2023 EXHIBIT P3 TRUE COPY OF THE LETTER NO.JRGTSR/1465/2023- AEL-L DIS DATED 27.04.2023 ISSUED FROM THE OFFICE OF THE FIRST RESPONDENT TO THE 2ND RESPONDENT EXHIBIT P4 TRUE COPY OF THE REPLY FROM THE SECOND RESPONDENT DATED 14.06.2023 EXHIBIT P4(A) TRUE COPY OF THE STATEMENT OF THE FIRST PETITIONER DATED 20.05.2023 PROVIDED BY THE 4TH RESPONDENT TO THE 2ND RESPONDENT EXHIBIT P4(B) TRUE COPY OF THE STATEMENT OF THE 2ND PETITIONER DATED 20.05.2023 PROVIDED BY THE 4TH RESPONDENT TO THE 2ND RESPONDENT EXHIBIT P4(C) TRUE COPY OF THE STATEMENT OF THE 3RD PETITIONER DATED 20.05.2023 PROVIDED BY THE 4TH RESPONDENT TO THE 2ND RESPONDENT EXHIBIT P5 TRUE COPY OF THE SALE NOTICE DATED 17.08.2023 ISSUED BY THE THIRD RESPONDENT TO THE FIRST PETITIONER EXHIBIT P6 TRUE COPY OF THE SALE NOTICE DATED 17.08.2023 ISSUED BY THE THIRD RESPONDENT TO THE SECOND PETITIONER EXHIBIT P7 TRUE COPY OF THE SALE NOTICE DATED 17.08.2023 ISSUED BY THE THIRD RESPONDENT TO THE THIRD PETITIONER