IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN MONDAY, THE 23RD JUNE 2008 / 2ND ASHADHA 1930 WP(C).No. 24320 of 2007(T) ---------------------------------------- PETITIONERS: ---------------------- 1. APPUKUTTAN V., ANIL MANDIRAM,EDAVILAKAM, MURIKKINPUZHA,TRIVANDRUM. 2. SWARNAMMA, ANIL MANDIRAM,EDAVILAKAM, MURIKKINPUZHA,TRIVANDRUM. 3. ANIL PRAKASH, ANIL MANDIRAM,EDAVILAKAM, MURIKKINPUZHA,TRIVANDRUM REPRESENTED BY HIS POWER OF ATTORNEY HOLDER, APPUKUTTAN V., ANIL MANDIRAM,EDAVILAKAM, MURIKKINPUZHA,TRIVANDRUM. 4. A.S. LEELA PREMAN, SANKARA BHAVAN, THOPPIL, MURUKKUMPUZHA. BY ADV.SRI.R.S.KALKURA SRI.M.S.KALESH SRI.HARISH GOPINATH SRI.G.HARIKRISHNAN (TRIPUNITHURA) SRI.VINAY MENON SRI.M.AJAY (IRUMPANAM) RESPONDENTS: ------------------------- 1. THE ADMINISTRATOR, MURUKKUMPUZHA SERVICE CO-OP.BANK LTD.NO.T.292, MURUKKUMPUZHA POST, TRIVANDRUM DISTRICT. 2. THE REGISTRAR, CO-OPERATIVE SOCIETIES, OFFICE OF REGISTRAR, CO-OPERATIVE SOCIETIES, TRIVANDRUM. BY SR.GOVERNMENT PLEADER SSMT. ANU SIVARAMAN- R1 & 2 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 23/06/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.24320/2007 T APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE FIXED DEPOSIT RECEIPT NO.403 DTD. 15/04/2005 BY THE 1ST PETITIONER. EXT.P2: COPY OF THE FIXED DEPOSIT RECEIPT NO.399/7/2005-06 DTD. 04/04/2005 BY THE 1ST PETITIONER. EXT.P3: COPY OF THE FIXED DEPOSIT RECEIPT NO.398/6/2005-06 DTD. 04/04/2005 BY THE 1ST PETITIONER. EXT.P4: COPY OF THE FIXED DEPOSIT RECEIPT NO.443/50/05-06 DTD. 14/05/2005 BY THE 1ST PETITIONER. EXT.P5: COPY OF THE FIXED DEPOSIT RECEIPT NO.344/229/04-05 DTD. 07/02/2005 BY THE 1ST PETITIONER. EXT.P6: COPY OF THE FIXED DEPOSIT RECEIPT NO.129/19/2004-05 DTD. 22/04/2004 BY THE 2ND PETITIONER. EXT.P7: COPY OF THE FIXED DEPOSIT RECEIPT NO.426/33/2005-06 DTD. 03/052005 BY THE 2ND PETITIONER. EXT.P8: COPY OF THE FIXED DEPOSIT RECEIPT NO.316/206/04-05 DTD. 19/01/2005 BY THE 2ND PETITIONER. EXT.P9: COPY OF THE FIXED DEPOSIT RECEIPT NO.557/163/05-06 DTD. 18/10/2005 BY THE 2ND PETITIONER. EXT.P10: COPY OF THE FIXED DEPOSIT RECEIPT NO.289/179/2004-05 DTD. 01/01/2005 BY THE 3RD PETITIONER. EXT.P11: COPY OF THE FIXED DEPOSIT RECEIPT NO.51/421/2003-04 DTD. 17/01/2005 BY THE 3RD PETITIONER. EXT.P12: COPY OF THE FIXED DEPOSIT RECEIPT NO.267/157/2004-05 DTD. 20/12/2004 BY THE 3RD PETITIONER. EXT.P13: COPY OF THE FIXED DEPOSIT RECEIPT NO.517/125/05-06 DTD. 26/08/2005 BY THE 3RD PETITIONER. EXT.P14: COPY OF THE FIXED DEPOSIT RECEIPT NO.290/180/2004-05 DTD. 01/01/2005 BY THE 3RD PETITIONER. EXT.P15: COPY OF THE FIXED DEPOSIT RECEIPT NO.274/164/04-05 DTD. 21/12/2004 BY THE 4TH PETITIONER. EXT.P16: COPY OF THE FIXED DEPOSIT RECEIPT NO.271/161/2004-05 DTD. 21/12/2004 BY THE 3RD PETITIONER. Kss ..2/- ...2..... WPC.NO.24320/2007 T EXT.P17: COPY OF THE FIXED DEPOSIT RECEIPT NO.325/215/2004-05 DTD. 24/01/2005 BY THE 3RD PETITIONER. EXT.P18: COPY OF THE FIXED DEPOSIT RECEIPT NO.272/162/2004-05 DTD. 21/12/2004 BY THE 3RD PETITIONER. EXT.P19: COPY OF THE FIXED DEPOSIT RECEIPT NO.291/181/2004-05 DTD. 01/01/2005 BY THE 3RD PETITIONER. EXT.P20: COPY OF THE FIXED DEPOSIT RECEIPT NO.282/182/2004-05 DTD. 01/01/2005 BY THE 3RD PETITIONER. EXT.P21: COPY OF THE FIXED DEPOSIT RECEIPT NO.297/187/2004-05 DTD. 07/01/2005 BY THE 3RD PETITIONER. EXT.P22: COPY OF THE FIXED DEPOSIT RECEIPT NO.318/208/2004-05 DTD. 19/01/2005 BY THE 3RD PETITIONER. EXT.P23: COPY OF THE FIXED DEPOSIT RECEIPT NO.273/163/2004-05 DTD. 21/12/2005 BY THE 3RD PETITIONER. EXT.P24: COPY OF THE FIXED DEPOSIT RECEIPT NO.31/402/2003-04 DTD. 29/12/2005 BY THE 3RD PETITIONER. EXT.P25: COPY OF THE FIXED DEPOSIT RECEIPT NO.397/5/2005-06 DTD. 04/04/2005 BYTHE 3RD PETITIONER. EXT.P26: COPY OF THE FIXED DEPOSIT RECEIPT NO.96/186/2004-05 DTD. 07/01/2005 BY THE 3RD PETITIONER. EXT.P27: COPY OF THE FIXED DEPOSIT RECEIPT NO.317/207/2004-05 DTD. 19/01/2005 BY THE 3RD PETITIONER. EXT.P28: COPY OF THE FIXED DEPOSIT RECEIPT NO.312/202/2004-05 DTD. 18/01/2005 BY THE 3RD PETITIONER. EXT.P29: COPY OF THE PASS BOOK IN SB ACCOUNT NO.3/2006-07 BY THE 1ST PETITIONER. EXT.P30: COPY OF THE PASS BOOK IN SB ACCOUNT NO.109/81-82 BY THE 2ND PETITIONER. EXT.P31: COPY OF THE PASS BOOK IN SB ACCOUNT NO.3/2002-03 BY THE 3RD PETITIONER. EXT.P32: COPY OF THE PASS BOOK IN SB ACCOUNT NO.4/2006-07 BY THE 4TH PETITIONER. Kss ..3/- ..3..... WPC.NO.24320/2007 T EXT.P33: COPY OF THE NOTICE DTD. 14/06/2007 ISSUED BY THE COUNSEL ON BEHALF OF THE 1ST PETITIONER TO THE SECRETARY MURUKKUMPUZHA SERVICE CO-OP.BANK. EXT.P34: COPY OF THE POSTAL RECEIPT INDICATING ISSUANCE OF EXHIBIT P33. EXT.P35: COPY OF THE POSTAL ACKNOWLEDGMENT INDICATING ACCEPTANCE OF EXHIBIT P33. EXT.P36: COPY OF THE NOTICE DTD.14/06/2007 ISSUED BY THE COUNSEL ON BEHALF OF THE 2ND PETITIONER TO THE SECRETARY MURUKKUMPUZHA SERVICE CO-OPERATIVE BANK. EXT.P37: COPY OF THE POSTAL RECEIPT INDICATING ISSUANCE OF EXHIBIT P36. EXT.P38: COPY OF THE POSTAL ACKNOWLEDGMENT INDICATING ACCEPTANCE OF EXHIBIT P36. EXT.P39: COPY OF THE NOTICE DTD. 14/06/2007 ISSUED BY THE COUNSEL ON BEHALF OF THE 3RD PETITIONER TO THE SECRETARY MURUKKUMPUZHA SERVICE CO-OPERATIVE BANK. EXT.P40: COPY OF THE POSTAL RECEIPT INDICATING ISSUANCE OF EXHIBIT P39. EXT.P41: COPY OF THE POSTAL ACKNOWLEDGMENT INDICATING ACCEPTANCE OF EXHIBIT P39. EXT.P42: COPY OF THE NOTICE DTD. 14/06/2007 ISSUED BY THE COUNSEL ON BEHALF OF THE 4TH PETITIONER TO THE SECRETARY MURUKKUMPUZHA SERVICE CO-OPERATIVE BANK. EXT.P43: COPY OF THE POSTAL RECEIPT INDICATING ISSUANCE OF EXHIBIT P42. EXT.P44: COPY OF THE POSTAL ACKNOWLEDGMENT INDICATING ACCEPTANCE OF EXHIBIT P42. EXT.P45: COPY OF THE REGISTERED POWER OF ATTORNEY NO.13 DTD. 24/01/2007. /TRUE COPY/ P.A.TO JUDGE Kss THOTTATHIL B. RADHAKRISHNAN, J. ---------------------------------------------------------- W.P.(C) NO. 24320 OF 2007 ---------------------------------------------------------- Dated this the 23rd day of June, 2008 J U D G M E N T Following the earlier orders, the first respondent is present and has vividly described through the learned senior Government Pleader the methodologies adopted in a reasonable and rational repayment procedure. I am satisfied that the first respondent will look into the case of the petitioners. It is stated that their claims with reference to some of the books of accounts for the accruals on the basis of the initial deposits are yet to be verified. It would also be appropriate for the first respondent to consider releasing to the petitioners, at least, a portion of the amounts, having regard to the need urged. Under the aforesaid circumstances, the petitioners are relegated to appear or cause appearance before the first respondent so that appropriate action could be taken by that authority in relation to the case of the petitioners also. This writ petition is ordered accordingly. THOTTATHIL B. RADHAKRISHNAN, JUDGE skr/23/6/08