Kerala High Court
Mutholy Service Co-Operative Bank Ltd vs Director Of Co-Operative Audit on 4 December, 2025
2025:KER:94270
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE GOPINATH P.
THURSDAY, THE 4TH DAY OF DECEMBER 2025 / 13TH AGRAHAYANA, 1947
WP(C) NO. 15744 OF 2025
PETITIONER:
MUTHOLY SERVICE CO-OPERATIVE BANK LTD.,
NO. 1631, REPRESENTED BY ITS SECRETARY, AGED 47 YEARS,
THEKKEMURI, PULIYANOOR POST, KOTTAYAM - 686573.
BY ADVS.
SRI.MATHEW JOHN (K)
SRI.ABY J AUGUSTINE
RESPONDENTS:
1 DIRECTOR OF CO-OPERATIVE AUDIT,
OFFICE OF DIRECTOR OF COOPERATIVE AUDIT 5TH FLOOR,
JAWAHAR SAHAKARANA BHAVAN, DPI JUNCTION,
THIRUVNANATHAPURAM, PIN - 695014.
2 JOINT DIRECTOR (AUDIT),
OFFICE OF THE JOINT DIRECTOR (AUDIT),
KOTTAYAM, PIN - 686001.
3 JOINT REGISTRAR CO-OPERATIVE SOCIETIES
(GENERAL), COLLECTORATE, KOTTAYAM, PIN - 686002.
4 ASSISTANT REGISTRAR CO-OPERATIVE
SOCIETIES (GENERAL), MEENACHIL, PALA, KOTTAYAM,
PIN - 686578.
WP(C) NO. 15744 OF 2025
2025:KER:94270
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5 THE KERALA STATE CO-OPERATIVE RUBBER MARKETING
FEDERATION (RUBBERMARK), REPRESENTED BY ITS MANAGING
DIRECTOR, POST BOX NO. 15, GANDHI NAGAR,
KOCHI - 682020.
BY ADV SRI.JAGAN ABRAHAM M.GEORGE
SRI. IMAM GRIGORIOUS KARAT (GP)
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
04.12.2025, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
WP(C) NO. 15744 OF 2025
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JUDGMENT
The petitioner is a Co-operative Bank, which maintains certain fixed deposits with the 5th respondent. According to the petitioner, though the 5th respondent was promptly paying interest on the fixed deposits, as on 31.03.2015 an amount of Rs.8,02,72,296/- was due to the petitioner by way of principal and an amount of Rs.2,51,79,453.43 was payable to the petitioner as interest. It is the case of the petitioner that for the purposes of audit, the petitioner requires a certificate of confirmation regarding the amount of fixed deposit together with the interest remaining to be paid. It is submitted that, on an earlier occasion, the petitioner had approached this Court by filing W.P(C)No.20493/2015, and this Court directed the consideration of the matter by the 1st respondent through an interim order dated 03.08.2015 in the above writ petition. It is submitted that thereafter the writ petition was disposed of, directing the 5 th respondent to issue the annual confirmation certificate for the financial year 2014-15 in tune with the report of the 1 st respondent. It is pointed out that by interim order dated 30.07.2025 in this writ petition, the 1 st respondent was again directed to verify the records of the petitioner and WP(C) NO. 15744 OF 2025 2025:KER:94270 4 respondent No.5 and to prepare a report regarding the exact amount payable by the 5th respondent to the petitioner towards interest and principal on the fixed deposits. It is submitted that the 1 st respondent has thereafter prepared a report, which is placed on record along with a memo dated 16.09.2025 filed by the learned Government Pleader. It is submitted that there are certain mistakes in the report placed on record along with the memo dated 16.09.2025, and the petitioner has therefore preferred Ext.P12 objections. It is submitted that Ext.P12 objections may be directed to be considered by the 1st respondent.
2. Heard the learned Government Pleader and the learned counsel appearing for the 5th respondent.
3. The learned Government Pleader submits on instructions that there are certain mistakes in the report placed on record along with a memo dated 16.09.2025, and that the matter can be considered again by the 1st respondent, after taking into account Ext.P12 objections and after hearing the 5th respondent also.
4. Having heard the learned counsel for the petitioner, the learned Government Pleader and the learned counsel appearing for the 5th respondent, this writ petition will stand disposed of directing WP(C) NO. 15744 OF 2025 2025:KER:94270 5 the 1st respondent to reconsider the matters set out in the report placed on record along with the memo dated 16.09.2025 filed by the learned Government Pleader after taking note of Ext.P12 objections filed by the petitioner and after affording an opportunity of hearing to the petitioner and to the 5th respondent. The needful shall be done by the 1st respondent, within a period of two months from the date of receipt of a certified copy of this judgment. Thereafter, a certificate of confirmation shall be issued by the 5 th respondent in terms of the findings of the Director of Co-operative Audit.
This writ petition is ordered accordingly.
Sd/-
GOPINATH P. JUDGE DK WP(C) NO. 15744 OF 2025 2025:KER:94270 6 APPENDIX OF WP(C) NO. 15744 OF 2025 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE STATEMENT SHOWING THE DETAILS OF DEPOSITS MADE BY THE PETITIONER WITH THE 5TH RESPONDENT Exhibit P2 TRUE COPY OF THE CONFIRMATION CERTIFICATE DATED 6.6.2019 Exhibit P3 TRUE COPY OF THE CONFIRMATION CERTIFICATE DATED 17.6.2020 Exhibit P4 TRUE COPY OF THE CONFIRMATION CERTIFICATE DATED 30.6.2021 Exhibit P5 TRUE COPY OF THE REPLY ALONG WITH THE PROCEEDINGS DATED 18.06.2024 Exhibit P6 TRUE COPY OF THE CONFIRMATION CERTIFICATE ISSUED BY THE 5TH RESPONDENT DATED 14.09.2022 Exhibit P7 TRUE COPY OF THE CONFIRMATION CERTIFICATE ISSUED BY THE 5TH RESPONDENT DATED 26.07.2023 Exhibit P8 TRUE COPY OF THE CONFIRMATION CERTIFICATE ISSUED BY THE 5TH RESPONDENT DATED 17.05.2024 Exhibit P9 TRUE COPY OF REQUEST DATED 24.08.2024 Exhibit P10 TRUE COPY OF THE LETTER SENT BY THE 5TH RESPONDENT TO THE PETITIONER DATED 13.09.2024 Exhibit P11 TRUE COPY OF JUDGMENT IN W.P.(C) 20493/2015 DATED 22.09.2015 Exhibit P12 TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT RESPONDENT EXHIBITS Exhibit R5(a) THE TRUE COPY OF THE NOTICE NO.CRP(1) 3698/05 DATED 29-11-2005 OF THE JOINT REGISTRAR OF COOPERATIVE SOCIETIES, KOTTAYAM