Gopalakrishnan R. vs. The Government Employees And Aided School Employees Co-Operative Housing Society LTD. - Kerala High Court, 22 October 2018

Cause title — parties, addresses and appearances

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN MONDAY ,THE 22ND DAY OF OCTOBER 2018 / 30TH ASWINA, 1940 WP(C).No. 28945 of 2018 PETITIONER/S: 1 GOPALAKRISHNAN R.,AGED 55 YEARS, S/O RAMAKRISHNAN,KAITHARAVU HOUSE, VANDITHAVALA,CHITTUR,PALAKKAD-678668 2 RADHA KUMARI K.C,AGED 50 YEARS W/O GOPALAKRISHNAN.R,KAITHARAVU HOUSE,VANDITHAVALA,CHITTUR,PALAKKAD-678668 BY ADVS. G.HARIHARAN PRAVEEN HARIHARAN SMITHA PRAVEEN SMT.S.UMA DEVI SRI.V.R.SANJEEV KUMAR RESPONDENT/S: 1 THE GOVERNMENT EMPLOYEES AND AIDED SCHOOL EMPLOYEES CO-OPERATIVE HOUSING SOCIETY LTD., NO-1080, THAMARACHIRA ROAD,CHITTUR,PALAKKAD DISTRICT- 671101.REPRESENTED BY ITS SECRETARY 2 JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES(GENERAL) CIVIL STATION,PALAKKAD-678001 3 REGISTRAR OF CO-OPERATIVE SOCIETIES, OFFICE OF THE REGISTRAR OF CO-OPERATIVE SOCIETIES,PUBLIC OFFICES BUILDING, THIRUVANANTHAPURAM-695001 4 ASSISTANT COMMISSIONER, STATE GST DEPARTMENT,CIVIL STATION,PALAKKAD-678001 5 THE MEDICAL OFFICER, PUBLIC HEALTH CENTRE, NALLEPPILLY,CHITTUR TALUK,PALAKKAD DISTRICT-678103 BY ADVS.SRI.SAJAN VARGHEESE K. SRI.LIJU. M.P SRI. K.P. HARISH, SR.GOVT.PLEADER THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 22.10.2018, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 28945 of 2018 2

JUDGMENT The petitioners are Government Employees and members of the 1st respondent Co-operative Society. The 1st petitioner availed a loan for 1,90,000/- ₹ on 28.02.2003 and the 2nd petitioner availed a loan for 3,00,000/- on 23.07.2007 from the 1 ₹ st respondent Society. The petitioners have filed this writ petition under Article 226 of the Constitution of India, seeking a writ of mandamus commanding the 1st respondent Society to provide a detailed statement of account as on 31.07.2018 to the petitioners for closing the respective loans availed by them, following the guidelines prescribed in Ext.P4 circular No.82/2013 dated 03.01.2014 issued by the 3rd respondent Registrar of Co-operative Societies. The petitioners have also sought for other consequential reliefs including a writ of mandamus commanding the 1st respondent to consider and take decisions on Exts.P3 and P7 requests, offering to close the respective loan accounts taking note of Ext.P4 circular issued by the 3rd respondent.

On 03.09.2018, when this writ petition came up for admission, urgent notice on admission by speed post was ordered to the 1st respondent, returnable within three weeks. The learned Senior Government Pleader took notice on admission for respondents 2 to 5. 3. A statement has been filed on behalf of the 1st respondent, wherein it has been stated that in respect of the loan availed by the 1st petitioner, the balance towards principal comes to 1,21,100/- ₹ and the interest as on 12.07.2018 comes to 78,600/-. Therefore, the 1 ₹ st respondent would point out that, the benefit of Ext.P4 circular cannot be extended to the 1st petitioner. Insofar as the loan availed by the 2nd petitioner is concerned, as per the repayment schedule, she has to clear the entire dues by 23.07.2022 and the statement showing the loan amount outstanding in respect of the said petitioner is placed on record as Ext.R1(a).

Heard the learned counsel for the petitioners, the learned counsel for the 1st respondent Society and also the learned Senior Government Pleader appearing for respondents 2 to

5.5.

The learned counsel for the 1st respondent Society would submit that since Exts.P3 and P7 requests made by the petitioners are pending consideration, the Society shall consider the same and pass appropriate orders thereon. Having considered the submissions made by the learned counsel on both sides, this writ petition is disposed of by directing the 1st respondent Society to consider and pass appropriate orders on Exts.P3 and P7 requests made by the petitioners, with notice to the petitioners and after affording them an opportunity of being heard, taking note of the legal and factual contentions raised by the petitioners. A decision in this regard shall be taken, strictly in accordance with law, as expeditiously as possible and at any rate, within a period of two months from the date of receipt of a certified copy of this judgment. ANIL K.NARENDRAN, JUDGE APPENDIX PETITIONER'S/S EXHIBITS: EXHIBIT P1OF THE DEMAND NOTICE DATED 25.11.2017 ISSUED BY THE 1ST RESPONDENT AGAINST THE 1ST PETITIONER DEMANDING A SUM OF RS.1,80,305/- EXHIBIT P2OF THE DEMAND NOTICE DATED 24.11.2017 ISSUED BY THE 1ST RESPONDENT AGASINST THE 2ND PETITIONER DEMANDING A SUM OF RS.5,73,494/- EXHIBIT P3OF JOINT REQUEST DATED 8.12.2017 MADE BY THE PETITIONERS BEFORE THE 1ST RESPONDENT SEEKING THE BENEFIT OF CIRCULAR NO.82/2013 ISSUED BY THE 3RD RESPONDENT. EXHIBIT P4OF THE CIRCULAR NO.82/2013 DATED 3.1.2014 ISSUED BY THE 3RD RESPONDENT. EXHIBIT P5OF THE NOTICE DATED 12.7.2018 SENT BY THE 1ST RESPONDENT ADDRESSED TO THE 4TH RESPONDENT.

EXHIBIT P6OF THE NOTICE DATED 13.5.2018 SENT BY THE 1ST RESPONDENT ADDRESSED TO THE 5TH RESPONDENT. EXHIBIT P7OF THE REQUEST DATED 31.7.2018 SUBMITTED BY THE PETITIONERS BEFORE THE 1ST RESPONDENT. RESPONDENTS' EXHIBITS : EXHIBIT R1(a)OF THE LOAN OUTSTANDING STATEMENT OF THE 2ND PETITIONER AV/26/10