Kerala High Court
Mathew M.M vs The Kanjirappally Cooperative ... on 21 May, 2025
Author: P.V.Kunhikrishnan
Bench: P.V.Kunhikrishnan
WP(CRL.) NO. 379 OF 2021 1
2025:KER:35259
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
WEDNESDAY, THE 21ST DAY OF MAY 2025 / 31ST VAISAKHA, 1947
WP(CRL.) NO. 379 OF 2021
PETITIONER/S:
1 MATHEW M.M
AGED 59 YEARS
S/O. MANI MANI, RESIDING AT MANKANTHANAM HOUSE,
VENKURINJI P.O., ERUMELY SOUTH VILLAGE, ERUMELY
KARA, KANJIRAPPALLY TALUK, MANIPUZHA, KOTTAYAM
DISTRICT,KERALA-686 510
2 DONCY MATHEW,
AGED 50 YEARS
W/O. MATHEW.M.M.,RESIDING AT MANKANTHANAM HOUSE,
VENKURINJI P.O., ERUMELY SOUTH VILLAGE, ERUMELY
KARA, KANJIRAPPALLY TALUK, MANIPUZHA, KOTTAYAM
DISTRICT,KERALA-686 510
BY ADV TOMS MATHEW
RESPONDENT/S:
1 THE KANJIRAPPALLY COOPERATIVE AGRICULTURE AND
RURAL DEVELOPMENT BANK LTD.
NO.K-1120, KANJIRAPPALLY (ERUMELY BRANCH) -686
509, REPRESENTED BY THE BRANCH MANAGER
2 THE KANJIRAPPALLY COOPERATIVE AGRICULTURE AND
RURAL DEVELOPMENT BANK LTD. NO.K-1120
KANJIRAPPALLY -686 507, REPRESENTED BY ITS
SECRETARY
3 ASSISTANT REGISTRAR/ VALUATION OFFICER,
WP(CRL.) NO. 379 OF 2021 2
2025:KER:35259
THE KANJIRAPPALLY COOPERATIVE AGRICULTURE AND
RURAL DEVELOPMENT BANK LTD. NO.K-1120,
KANJIRAPPALLY -686 507,
4 JOINT REGISTRAR (GENERAL) OF CO OPERATIVE
SOCIETIES,
COLLECTOARATE P.O., KOTTAYAM-686 002
5 SUB REGISTRAR,
SUB REGISTRAR OFFICE, ERUMELY, KOTTAYAM
DISTRICT,KERALA-686 509
6 STATE OF KERALA,
REPRESENTED BY CHIEF SECRETARY, GOVERNMENT
SECRETARIAT, THIRUVANANTHAPRUAM-695 001
7 SUPERINTENDENT OF POLICE,
DISTRICT POLICE OFFICE, COLLECTORATE P.O.,
KOTTAYAM-686 002
8 INSPECTOR OF POLICE,
ERUMELY POLICE STATION, ERUMELY , KOTTAYAM
DISTRICT,KERALA-686 509
9 SUB INSPECTOR OF POLICE,
ERUMELY POLICE STATION, ERUMELY , KOTTAYAM
DISTRICT,KERALA-686 509
0 SPECIAL SALE OFFICER,
THE KANJIRAPPALLY COOPERATIVE AGRICULTURE AND
RURAL DEVELOPMENT BANK LTD. NO.K-1120,
KANJIRAPPALLY -686 507, HAVING THE SEAL OF
"SPECIAL SALE OFFICER, THE KANJIRAPPALLY ADB
GROUP, KANJIRAPPALLY"
11 KERALA BANK,
ERUMELY BRANCH, ERUMELY P.O., KOTTAYAM, KERALA-
686 509, FORMERLY KOTTAYAM DISTRICT CO OPERATIVE
BANK ERUMELY BRANCH
12 NATIONAL BANK FOR AGRICULTURE AND RURAL
DEVELOPMENT (NABARD)
REGIONAL OFFICE, REPRESENTED BY CHIEF GENERAL
WP(CRL.) NO. 379 OF 2021 3
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MANAGER, PUNNEN ROAD NEAR CANTONMENT POLICE
STATION, STATUE, THIRUVANANTHAPURAM-695 001
BY ADVS.
GOVERNMENT PLEADER
SHAJI THOMAS
GILBERT GEORGE CORREYA
JEN JAISON
OTHER PRESENT:
SR PP-HRITHWIK C S
THIS WRIT PETITION (CRIMINAL) HAVING COME UP FOR
ADMISSION ON 21.05.2025, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
WP(CRL.) NO. 379 OF 2021 4
2025:KER:35259
P.V.KUNHIKRISHNAN, J
--------------------------------------
W.P. (Crl.) No. 379 of 2021
--------------------------------------
Dated this the 21st day of May, 2025
JUDGMENT
The above writ petition (crl) is filed with following prayers :
"i) To issue a writ in the nature of mandamus or other appropriate writ or order or direction, directing the 6th, 7th, 8th and 9th respondents to expedite the investigation started from the lodging of Exhibit P24.
(ii) To issue a writ of mandamus or other appropriate writ or order or direction, directing the 6th respondent to constitute a Special Investigation Team to probe deeply into the boundless and diverse aspects of the facts and circumstances stated in the writ petition. OR
(iii) To issue a writ of mandamus or other appropriate writ or order or direction, directing any other independent investigating agency to probe into the aforesaid facts Band circumstances.
(iv) To call for all relevant records from the respondents herein which lead to the facts and WP(CRL.) NO. 379 OF 2021 5 2025:KER:35259 circumstances stated in the writ petition.
(v) To grant such other reliefs as may be prayed for and issue such other order or direction as this Hon'ble Court may deem fit, just and proper in the facts and circumstances of the case." [sic]
2. Now, the Public Prosecutor submitted that the crime registered is already referred by the police. If that is the case, no further order is necessary.
Therefore, this writ petition is closed.
Sd/-
P.V.KUNHIKRISHNAN JUDGE SKS WP(CRL.) NO. 379 OF 2021 6 2025:KER:35259 APPENDIX OF WP(CRL.) 379/2021 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE CERTIFICATE OF ENCUMBRANCE DATED 13.01.2021 ISSUED FROM THE ERUMELY SRO Exhibit P2 TRUE COPY OF THE GEHAN DATED 20.03.2014 HAVING NUMBER G412/2014 OF THE ERUMELY SRO Exhibit P3 TRUE COPY OF THE GEHAN DATED 30.03.2014 HAVING NUMBER G 556/2015 OF THE ERUMELY SRO Exhibit P4 TRUE COPY OF THE GEHAN DATED 16.04.2016 HAVING NUMBER G 561/2016 OF THE ERUMELY SRO Exhibit P5 TRUE COPY OF THE GEHAN DATED 09.05.2017 HAVING NUMBER G564/2017 OF THE ERUMELY SRO Exhibit P6 TRUE COPY OF THE GEHAN DATED 15.05.2017 HAVING NUMBER G 710/2017 OF THE ERUMELY SRO Exhibit P7 TRUE COPY OF THE FORM FOR CREATING EXHIBIT P6 GEHAN DATED 15.05.2017 Exhibit P8 TRUE COPY OF THE FORM FOR CREATING EXHIBIT P2 GEHAN DATED 20.03.2014 Exhibit P9 TRUE COPY OF THE FORM FOR CREATING EXHIBIT P3 GEHAN DATED 30.03.2015 Exhibit P10 TRUE COPY OF THE FORM FOR CREATING EXHIBIT P4 GEHAN DATED 13.04.2016 Exhibit P11 TRUE COPY OF THE FORM FOR CREATING EXHIBIT P5 GEHAN DATED 09.05.2017 WP(CRL.) NO. 379 OF 2021 7 2025:KER:35259 Exhibit P12 TRUE COPY OF THE VOUCHERS ISSUED BY THE 2ND RESPONDENT TO THE 1ST PETITIONER HAVING 17 PAGES COMMENDING FROM PAGE L.NO17/EOL UP TO L.NO.620/ECCS Exhibit P13 TRUE COPY OF THE LIABILITY STATEMENT DATED 19.01.2021 OBTAINED BY THE 1ST PETITIONER FROM THE 1ST RESPONDENT Exhibit P14 TRUE COPIES OF THE 13 LOAN SANCTIONING ORDER S COMMENCING FROM LOAN APPLICATION NO.EOL.21/13-14 TO ENRH.3/17-18 ONWARDS OBTAINED BY THE 1ST PETITIONER FORM THE 1ST PETITIONER Exhibit P15 TRUE COPY OF THE REPORT BY THE 3RD RESPONDENT TO THE 4TH RESPONDENT DATED 19.11.2020 Exhibit P16 TRUE COPY OF THE APPLICATION BY THE 1ST PETITIONER TO THE 4TH RESPONDENT DATED 02.01.2021 Exhibit P16A TRUE COPY OF THE REPLY BY THE 4TH RESPONDENT TO THE 1ST PETITIONER DATED 05.02.2021 Exhibit P16B TRUE COPIES OF THE REPORT DATED 12.11.2020 AND ANOTHER BY THE 3RD RESPONDENT TO THE 4TH RESPONDENT Exhibit P16C TRUE COPY OF THE PAPER PUBLICATION DATED 05.05.2018 BY THE 2ND RESPONDENT FOR THE AUCTION OF THE PROPERTIES OF THE DEBTORS IN THE MALAYALA MANORAMA NEWSPAPER Exhibit P17 TRUE COPY OF THE PETITION SUBMITTED BY THE 1ST PETITIONER BEFORE THE 4TH RESPONDENT DATED 27.03.2021 Exhibit P18 TRUE COPY OF THE PETITION DATED 26.07.2021 SUBMITTED BY THE 1ST WP(CRL.) NO. 379 OF 2021 8 2025:KER:35259 PETITIONER BEFORE THE 4TH RESPONDENT Exhibit P18A TRUE COPIES OF THE INTIMATION AND LEDGER COPY OF TE SD A/C NO.EO144 DATED 28.07.2021 ISSUED BY THE 1ST RESPONDENT Exhibit P18B TRUE COPY OF THE FORM FOR CREATING EXHIBIT P4 GEHAN DATED 09.05.2017DATED 14.09.2021 AND ACCOUNT STATEMENT ISSUED BY THE 3RD RESPONDENT Exhibit P19 TRUE COPY OF THE INTIMATION BY THE 4TH RESPONDENT TO THE 1ST PETITIONER DATED 16.07.2021 AND A COPY OF REPORT SUBMITTED BY THE 3RD RESPONDENT TO THE 4TH RESPONDENT Exhibit P20 TRUE COPY OF THE PETITION DATED 17.07.2021 SUBMITTED BY THE PETITIONERS HEREIN BEFORE THE GOVERNING BOARD OF THE 2ND RESPONDENT Exhibit P21 TRUE COPY OF THE STATEMENT OF BOTH PETITIONERS RECORDED BY THE 3RD RESPONDENT DATED 07.05.2021 Exhibit P22 TRUE COPY OF THE PETITION DATED 26.02.2021 SUBMITTED TO THE 7TH RESPONDENT AND A RECEIPT DATED 01.03.2021 HAVING NUMBER 16475/201/K Exhibit P23 TRUE COPY OF THE CMP NO.611/2021 FILED BEFORE THE HON'BLE JFCM II, KANJIRAPPALLY DATED 22.03.2021 Exhibit P24 TRUE COPY OF THE FIR DATED 19.04.2021 HAVING NO.225/2021 Exhibit P25 TRUE COPY OF THE PETITIONER DATED 03.08.2021 FILED BY THE PETITIONER HEREIN BEFORE THE HON'BLE JFCM II, KANJIRAPPALLY WP(CRL.) NO. 379 OF 2021 9 2025:KER:35259 Exhibit P26 TRUE COPY OF THE REPORT DATED 16.08.2021 SUBMITTED BY THE 8TH RESPONDENT HEREIN BEFORE THE HON'BLE JFCM II KANJIRAPPALLY Exhibit P27 TRUE COPY OF THE PETITION DATED 26.03.2021 HAVING NO.23510/2021/K FILED BY THE PETITIONER HEREIN BEFORE THE 7TH RESPONDENT Exhibit P28 TRUE COPY OF THE APPLICATION DATED 29.07.2021 FILED UNDER RIGHT TO INFORMATION ACT BY THE PETITIONER HEREIN BEFORE THE 7TH RESPONDENT Exhibit P29 TRUE COPY OF THE REPLY OF THE 7TH RESPONDENT DATED 26.08.2021 Exhibit P30 TRUE COPIES OF THE DEMAND NOTICES DATED 05.02.2020, 16/03/2020 AND 17.06.2020 BEFORE THE AUCTION OF THE MORTGAGED PROPERTIES FROM THE FIRST RESPONDENT RECEIVED BY THE 1ST PETITIONER HEREIN Exhibit P31 TRUE COPIES OF THE AUCTION DECLARATIONS BY THE 10TH RESPONDENT 20.01.2018 AND 20.11.2018 Exhibit P32 TRUE COPY OF THE SLIPS ISSUED BY THE 2ND RESPONDENT FOR THE AMOUNTS REMITTED BY THE 1ST PETITIONER COMMENCING FORM 11/03/2014 TO 25.03.2019