P.Sethu Madhavan vs Chittur Primary Co-Operative on 19 March, 2007

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C) No. 10490 of 2005(W)


1. P.SETHU MADHAVAN,
                      ...  Petitioner

                        Vs



1. CHITTUR PRIMARY CO-OPERATIVE
                       ...       Respondent

2. JOINT REGISTRAR OF CO-OPERATIVE

3. SPECIAL SALE OFFICER,

                For Petitioner  :SRI.PRAVEEN.H.

                For Respondent  :SRI.GEORGE POONTHOTTAM

The Hon'ble MR. Justice S.SIRI JAGAN

 Dated :19/03/2007

 O R D E R
                                  S. SIRI JAGAN, J.

                              --------------------------

                          W.P.(C)NO.10490 OF 2005

                              -------------------------

                DATED THIS THE 19th DAY OF MARCH, 2007


                                      JUDGMENT

The petitioner is a legal heir of late Smt. Lakshmikutty, who

availed of a loan from the 1st respondent Bank. According to the

petitioner, subsequent to the death of Smt. Lakshmikutty he had paid

off the entire amounts due under the loan but the bank has demanded

further amounts. The petitioner contends that no further amounts are

not payable by the petitioner. Therefore he seeks an order restraining

the Bank from recovering any further amounts from him.

2. In view of the Circular issued by the Registrar as Circular

No.57/06 in which the Registrar has directed all Co-operative Societies

to waive penal interest etc. the petitioner seeks benefit of that circular

which if given, the petitioner submits, no further amounts would be

due.

3. A Division Bench in Kallettumkara Service Co-

operative Bank Vs. Registrar of Co-operative Societies(2005(3)

KLT 485) has held that the Registrar has no powers to issue such

circular and to interfere with the contractual relationship between a

W.P.(c)10490/05 2

Society and its creditor as per a loan agreement. The petitioner

also claims that the demand for further amount is barred by

limitation since Smt. Lakshmikutty died in 1988. These are all

matters, which the petitioner has to agitate before the proceedings

to be initiated under Section 69 of the Kerala Co-operative Societies

Act since resolution of such disputes would require ascertainment of

facts on evidence, which cannot be done in a writ petition. Without

prejudice to the right of the petitioner to raise a dispute under

Section 69, this writ petition is disposed of.

                                                  S. SIRI JAGAN, JUDGE




Acd


W.P.(c)10490/05    3