Kerala High Court
Bijumon Mathew vs The State Of Kerala on 20 November, 2025
2025:KER:89281
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE GOPINATH P.
THURSDAY, THE 20TH DAY OF NOVEMBER 2025 / 29TH
KARTHIKA, 1947
WP(C) NO. 13834 OF 2025
PETITIONER:
BIJUMON MATHEW
AGED 45 YEARS, S/O MATHEW,
MALIYEKKAL HOUSE, PUNCHAVAYAL, ERUMELY NORTH,
PIN KOTTAYAM, PIN - 686 513.
BY ADV SRI.MILLU DANDAPANI
RESPONDENTS:
1 THE STATE OF KERALA
DEPARTMENT OF CO-OPERATION, SECRETARIAT,
THIRUVANANTHAPURAM, REPRESENTED BY ITS
SECRETARY, PIN - 695 001.
2 THE REGISTRAR OF CO-OPERATIVE SOCIETIES
JAWAHAR SAHAKARANA BHAVAN, DPI JUNCTION,
THYCAUD P.O, THIRUVANANTHAPURAM,
PIN - 695 014.
3 THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES
OFFICE OF THE JOINT REGISTRAR OF THE CO-
OPERATIVE SOCIETIES, KOTTAYAM,, PIN - 686001
4 THE KANNIMALA SERVICE CO-OPERATIVE BANK LTD
NO. 3978
KANNIMALA P.O, ERUMELY, KOTTAYAM DISTRICT,
REPRESENTED BY ITS SECRETARY, PIN - 686 509.
2025:KER:89281
WP(C) NO. 13834 OF 2025
2
5 THE SECRETARY
KANNIMALA SERVICE CO-OPERATIVE BANK LTD NO.
3978, KANNIMALA P.O, ERUMELY, KOTTAYAM
DISTRICT, PIN - 686509
6 THE BRANCH MANAGER
KANNIMALA SERVICE CO-OPERATIVE BANK LTD NO.
3978, BRANCH PUNCHAVAYAL P.O,
KOTTAYAM DISTRICT., PIN - 686 513.
7 THE BOARD OF DIRECTORS OF THE KANNIMALA
SERVICE CO-OPERATIVE BANK LTD NO. 3978
KANNIMALA P.O, ERUMELY, KOTTAYAM DISTRICT,
REPRESENTED BY ITS PRESIDENT., PIN - 686 509.
BY ADVS
SRI.SIJO PATHAPARAMBIL JOSEPH (FOR R4 & R5)
SMT. CS SHEEJA GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 20.11.2025, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
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WP(C) NO. 13834 OF 2025
3
JUDGMENT
The petitioner has made some deposits with the 4th respondent bank. According to the petitioner, though the deposits have matured, the amounts are not being paid to the petitioner despite requests.
2. The learned counsel appearing for the 4th respondent bank submits that the 4 th respondent is in dire financial straits and is not in a position to pay off the entire amount due to the petitioner. It is submitted that the 4th respondent bank has initiated recovery proceedings against persons from whom money is owed to the bank, and once the financial condition of the 4th respondent bank improves, the bank will clear the liability to the petitioner.
3. The learned counsel appearing for the petitioner submits that the 4th respondent bank may be directed to pay off the amounts due to the petitioner in some instalments.
2025:KER:89281 WP(C) NO. 13834 OF 2025 4
4. Having heard the learned counsel appearing for the petitioner and the learned counsel appearing for the 4th respondent bank and considering the fact that the amount of deposits claimed by the petitioner is only a sum of Rs.6,02,144/-, I am of the opinion that the writ petition can be disposed of in the following manner.
i. The amounts payable to the petitioner in terms of the fixed deposits maintained by the petitioner with the 4th respondent bank shall be disbursed in 24 equal monthly instalments together with any interest;
ii. The first installment shall be paid on or before 05-12-2025. The subsequent installments shall be paid on or before the 5th day of the succeeding months;
iii. The interest shall be calculated only on the reducing balance;
2025:KER:89281 WP(C) NO. 13834 OF 2025 5 iv. The petitioner shall issue receipts for every payment made to the petitioner in terms of the directions issued in this judgment.
Writ petition is disposed of as above.
Sd/-
GOPINATH P. JUDGE ats 2025:KER:89281 WP(C) NO. 13834 OF 2025 6 APPENDIX OF WP(C) 13834/2025 PETITIONER'S EXHIBITS Exhibit P1 A TRUE COPY OF THE FIXED DEPOSIT RECEIPT DATED 16.12.2014 VIDE FDR NO. NIL, FD A/C NO.4728 IS MADE BY THE PETITIONER BEFORE THE 7TH RESPONDENT BRANCH BANK OF THE 5TH RESPONDENT CO-OPERATIVE SOCIETY. Exhibit P2 A TRUE COPY OF THE FIXED DEPOSIT RECEIPT DATED 16.12.2014 VIDE FDR NO. NIL, FD A/C NO.4730 IS MADE BY THE PETITIONER BEFORE THE 7TH RESPONDENT BRANCH BANK OF THE 5TH RESPONDENT CO-OPERATIVE SOCIETY. Exhibit P3 A TRUE COPY OF THE FIXED DEPOSIT RECEIPT DATED 12.10.2017 VIDE FDR NO. 568, FD A/C NO. 5940 IS MADE BY THE PETITIONER BEFORE THE 7TH RESPONDENT BRANCH BANK OF THE 5TH RESPONDENT CO-OPERATIVE SOCIETY. Exhibit P4 A TRUE COPY OF THE FIXED DEPOSIT RECEIPT DATED 22.05.2018 VIDE FDR NO. 1312, FD A/C NO. 6146 IS MADE BY THE PETITIONER BEFORE THE 7TH RESPONDENT BRANCH BANK OF THE 5TH RESPONDENT CO-OPERATIVE SOCIETY. Exhibit P5 A TRUE COPY OF THE FIXED DEPOSIT RECEIPT DATED 31.12.2019 VIDE FDR NO. 4003, FD A/C NO. 6767 IS MADE BY THE PETITIONER BEFORE THE 7TH RESPONDENT BRANCH BANK OF THE 5TH RESPONDENT CO-OPERATIVE SOCIETY. Exhibit P6 A TRUE COPY OF THE FIXED DEPOSIT RECEIPT DATED 21.01.2020 VIDE FDR NO. 4035, FD A/C NO.6790 IS MADE BY THE PETITIONER BEFORE THE 7TH RESPONDENT BRANCH BANK OF THE 5TH RESPONDENT CO-OPERATIVE SOCIETY. Exhibit P7 A TRUE COPY OF THE FIXED DEPOSIT RECEIPT DATED 23.07.2021 VIDE FDR NO. 6053, FD A/C NO.7455 IS MADE BY THE PETITIONER BEFORE THE 7TH RESPONDENT BRANCH BANK OF THE 5TH RESPONDENT CO-OPERATIVE SOCIETY.
2025:KER:89281 WP(C) NO. 13834 OF 2025 7 Exhibit P8 A TRUE COPY OF THE FIXED DEPOSIT RECEIPT DATED 29.01.2022 VIDE FDR NO. 10114, FD A/C NO.7611 IS MADE BY THE PETITIONER BEFORE THE 7TH RESPONDENT BRANCH BANK OF THE 5TH RESPONDENT CO-OPERATIVE SOCIETY. Exhibit P9 A TRUE COPY OF THE RELEVANT PAGES OF THE PASS BOOK OF THE SAVINGS BANK ACCOUNT NO. 615 OF THE PETITIONER COVERING A SUM OF RS. 671/- (RUPEES SIX HUNDRED AND SEVENTY ONE ONLY).
Exhibit P10 A TRUE COPY OF THE DEMAND NOTICE SUBMITTED BY THE PETITIONER TO THE 7TH RESPONDENT BRANCH BANK OF THE 5TH RESPONDENT.
Exhibit P11 A TRUE COPY OF THE CONFIRMATION CERTIFICATE ISSUED BY THE BRANCH MANAGER-IN-CHARGE OF THE 7TH RESPONDENT BRANCH BANK OF THE 5TH RESPONDENT BANK TO THE PETITIONER.
Exhibit P12 A TRUE COPY OF THE MEDICAL CERTIFICATE ISSUED BY DR. SUSHANTH S.S, M.D, D.M, MRCP (UK), REG.NO. 33657, CONSULTANT INTERVENTIONAL CARDIOLOGIST, BHARATH HOSPITAL, KOTTAYAM SUGGESTING THE PACEMAKER IMPLANTATION FOR RESOLVING THE HEART COMPLAINT OF PETITIONER'S FATHER. Exhibit P13 A TRUE COPY OF THE INTERIM ORDER DATED 07.02.2025 PASSED BY THE LEARNED SINGLE JUDGE OF THIS HON'BLE COURT IN WP(C) 41145 OF 2024