IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 27880 of 2008(R)
1. HARIKUMAR E.D., ERUMELIL KAROTTU,
... Petitioner
Vs
1. THE KOOROPPADA SERVICE CO-OPERATIVE
... Respondent
2. THE JOINT REGISTRAR OF CO-OPERATIVE
For Petitioner :SRI.K.GOPALAKRISHNA KURUP
For Respondent : No Appearance
The Hon'ble MR. Justice THOTTATHIL B.RADHAKRISHNAN
Dated :19/09/2008
O R D E R
Thottathil B. Radhakrishnan, J.
=====================================
W.P.(C)Nos.27880 & 27888 of 2008
=====================================
Dated this the 19th day of September, 2008.
JUDGMENT
These two matters relate to the same co-
operative bank. Petitioners availed certain loans.
They claim that they are entitled to be listed as
beneficiaries of the Debt Relief Scheme. That
claim has been negatived by the bank. Having
regard to the peculiar facts and circumstances,
claims and contentions, it is directed that the
second respondent Joint Registrar will decide on
the contentions of the petitioners and the
contention of the first respondent that the loans
were availed from the funds of the society and not
from NABARD funds. In view of that issue arising
for decision, it is directed that the Joint
Registrar shall decide the issue, notwithstanding
the finality of the decision of the Grievance
Redressal Officer, going by the terms of the
WPCNOS.27880&27888/08
-:2:-
Scheme. This judgment is so issued only to enable
the petitioners to arrive at a reasonable decision
at the hands of the statutory authorities under the
Kerala Co-operative Societies Act with liberty to
challenge the impugned decision later on, if
necessary. Let this be done within a period of
three weeks from the date of receipt of a copy of
this judgment and the copies of the writ petitions.
Writ petitions are disposed of accordingly.
Thottathil B.Radhakrishnan,
Judge.
sl.