High Court of KeralaWP(C)/24138/2015allowed

Pooja Rajkumar v. The Joint Registrar (General)

2015-08-17Honourable Mr. Justice Dama Seshadri Naidu4 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE DAMA SESHADRI NAIDU MONDAY, THE 17TH DAY OF AUGUST 2015/26TH SRAVANA, 1937 WP(C).No. 24138 of 2015 (N) ---------------------------- PETITIONERS:

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1. POOJA RAJKUMAR, AGED 31 YEARS, C/O.GEETA RAJKUMAR, VIJAY VILAS, NEDUVATHU CHERY, CHAVARA SOUTH, KOLLAM DISTRICT.

2. PUNNYA RAJ KUMAR, AGED 25 YEARS, C/O.GEETHA RAJKUMAR, VIJAY VILAS, NEDUVATHU CHERY, CHAVARA SOUTH, KOLLAM DISTRICT.

BY ADVS.SRI.M.K.CHANDRA MOHANDAS SMT.K.K.RAZIA SRI.K.SATHIYANANDAN PILLAY SRI.SHAKTHI PRAKASH SRI.PRATHEEK VISWANATHAN SMT.REJI.C.RAJ RESPONDENTS:

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1. THE JOINT REGISTRAR (GENERAL), DEPARTMENT OF CO-OPERATIVE SOCIETIES, KOLLAM - 691 001.

2. PARAVUR SNV REGIONAL CO-OPERATIVE BANK LTD NO.1685 REPRESENTED BY ITS SECRETARY, PARAVUR, KOLLAM DISTRICT. 691 301.

3. THE SECRETARY, PARAVUR SNV REGIONAL CO-OPERATIVE BANK LTD NO.1685, PARAVUR, KOLLAM DISTRICT, 691 301.

R2&3 BY ADV. SRI.B.SURESH KUMAR R2&3 BY ADV. SMT.C.B.ANUROOPA R BY SRI. G. GOPAKUMAR, GOVERNMENT PLEADER THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 17-08-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).No. 24138 of 2015 (N) --------------------------------- : 2 :

APPENDIX PETITIONERS' EXHIBITS :

----------------------------- EXHIBIT P1. COPY OF THE SUMANGALY CASH CERTIFICATE DATED 10.12.92. EXHIBIT P2. COPY OF THE SUMANGALY CASH CERTIFICATE DATED 17.12.92. EXHIBIT P3. COPY OF THECOMPLAINT DATED 17.07.2015. EXHIBIT P4. COPY OF THE REPLY DATED 29.07.2015 RECEIVED FROM ADV. G. HARIDAS.

EXHIBIT P5. COPY OF THE JUDGMENT DATED 6.6.13 IN W.P.(C) NO. 13846/2013. EXHIBIT P6. COPY OF THE ORDER DATED 30.9.13.

EXHIBIT P7. COPY OF THE JUDGMENT DATED 17.10.13. EXHIBIT P8. COPY OF THE JUDGMENT DATED 10.10.13. RESPONDENTS' EXHIBITS : NIL ------------------------------ /True Copy/ P.A to Judge.

DAMA SESHADRI NAIDU, J.

---------------------------------- W.P. (C) No. 24138 of 2015 (N) ---------------------------------- Dated this the 17th day of August, 2015.

JUDGMENT

It is submitted by both sides that the issue involved in this case is covered in favour of the petitioners by Ext.P7 judgment.

2. In the light of the ratio laid down in the said judgment, this Court allows the writ petition on the same lines applying the ratio laid down by the learned Division Bench in the said judgment. This Court further directs the respondent Bank to disburse the entire maturity value of the Fixed Deposits as shown in Exts.P1 and P2 certificates of deposits, as expeditiously as possible, at any rate within two weeks from the date of receipt of a copy of this judgment.

sd/- DAMA SESHADRI NAIDU, JUDGE.

W.P.(C). No.

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