High Court of KeralaWP(C)/10682/2014disposed of

Valsa Mathew v. The Joint Registrar Of Co Operative Societies [General]

2015-07-08Honourable Mr. Justice Dama Seshadri Naidu4 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE DAMA SESHADRI NAIDU WEDNESDAY, THE 8TH DAY OF JULY 2015/17TH ASHADHA, 1937 WP(C).No. 10682 of 2014 (I) ---------------------------- PETITIONERS:

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1. VALSA MATHEW, THUNDIAMKULATHU, MALLPPALLY WEST, THIRUVALLA, 689 585.

2. LEELA BAI, GEETHANJALI, PATTATHILCHIRA, KAVUMBHAGAM, THIRUVALLA - 689 102.

BY ADV. SRI.P.SREEKUMAR RESPONDENTS:

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1. THE JOINT REGISTRAR OF CO OPERATIVE SOCIETIES [GENERAL], PATHANAMTHITTA - 689 593.

2. THE MUNDAPPALLY SERVICE CO OPERATIVE BANK LTD NO. A9, REPRESENTED BY ITS SECRETARY, MUDAPPALLY P.O THIRUVALLA - 689 593.

R2 BY ADV. SRI.S.JAYAKRISHNAN R2 BY ADV. SRI.S.PARAMESWARA PRASAD R BY GOVERNMENT PLEADER THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 08-07-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).No. 10682 of 2014 (I) ---------------------------- APPENDIX PETITIONERS' EXHIBITS :

------------------------------ EXHIBIT P1 : A TRUE COPY OF THE COMMUNICATION SHOWING THE PAYMENT OF GRATUITY OF RS 10 LAKHS TO THE 1ST PETITIONER. EXHIBIT P2 : A TRUE COPY OF THE COMMUNICATION SHOWING THE PAYMENT OF RS 10 LAKHS TO THE 2ND PETITIONER AS GRATUITY. EXHIBIT P3 : A TRUE COPY OF THE PETITION DATED 24.03.2014 SUBMITTED BY THE 1ST PETITIONER BEFORE THE 1ST RESPONDENT. EXHIBIT P4 : A TRUE COPY OF THE PETITION DATED 24.03.2014 SUBMITTED BY THE 2ND PETITIONER TO THE 1ST RESPONDENT.

RESPONDENTS' EXHIBITS:

------------------------------ EXHIBIT R2: TRUE COPY OF THE COMMUNICATION NO.C.R.P(2)2202/14 L.DIS. DATED 09.04.2014 ISSUED BY THE 1ST RESPONDENT TO THE 2ND RESPONDENT. /True Copy/ P.A to Judge.

DAMA SESHADRI NAIDU, J.

---------------------------------- W.P. (C) No. 10682 of 2014 ---------------------------------- Dated this the 8th day of July, 2015.

JUDGMENT

The issue involved in this writ petition is similar to that in the judgment dated 23.06.2015 passed by this Court in W.P.(C) No. 1404 of 2015, which was disposed of in the light of the decision in Retnavally v. Ambalapad Service Co-operative Bank [2005 (3) KLT 320].

Accordingly, this writ petition is also allowed directing the respondent Bank to pay to the petitioners the balance amount along with the interest within two months from the date of receipt of a copy of this judgment, as has been specified in Retnavally (supra) by this Court.

sd/- DAMA SESHADRI NAIDU, JUDGE.

W.P.(C). No.

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