Legal Document View

Unlock Advanced Research with PRISMAI

- Know your Kanoon - Doc Gen Hub - Counter Argument - Case Predict AI - Talk with IK Doc - ...
Upgrade to Premium
[Cites 3, Cited by 0]

Kerala High Court

Pallichal Farmers Service ... vs State Of Kerala on 2 February, 2026

                                                            2026:KER:8512
W.P (C) No.1456/2023               -1-

                 IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                 PRESENT

                  THE HONOURABLE MR. JUSTICE GOPINATH P.

          MONDAY, THE 2ND DAY OF FEBRUARY 2026 / 13TH MAGHA, 1947

                          WP(C) NO. 1456 OF 2023

PETITIONER/S:

              PALLICHAL FARMERS SERVICE CO-OPERATIVE BANK LTD
              NO.T-677, VEDIVECHANKOVIL P.O., THIRUVANANTHAPURAM,
              PIN-685501, REPRESENTED BY ITS PRESIDENT ADVOCATE
              M.MANIKANTAN, AGED 58, S/O THE LATE MADHAVAN PILLAI,
              SIVAPRADAM, CRA 78B, KAIRALI LANE, PERUNTHANNI,
              VALLAKADAVU P.O, THIRUVANANTHAPURAM, PIN - 695008

              BY ADVS.
              SRI.C.S.MANU
              SRI.DILU JOSEPH
              SRI.C.A.ANUPAMAN
              SHRI.T.B.SIVAPRASAD
              SMT.MANJU E.R.
              SRI.C.Y.VIJAY KUMAR
              SHRI.ANANDHU SATHEESH
              SHRI.ALINT JOSEPH

RESPONDENT/S:

      1       STATE OF KERALA
              REPRESENTED BY SECRETARY TO THE GOVERNMENT OF KERALA,
              CO-OPERATIVE DEPARTMENT, GOVERNMENT SECRETARIAT
              THIRUVANANTHAPURAM, PIN - 695001

      2       JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES (GENERAL)
              JAGATHY, THIRUVANANTHAPURAM, PIN - 695014

      3       ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES (GENERAL)
              OFFICE OF THE ASSISTANT REGISTRAR OF CO-OPERATIVE
              SOCIETIES (GENERAL), MINI CIVIL STATION, NEYYATTINKARA,
              PIN - 695121
                                                      2026:KER:8512
W.P (C) No.1456/2023               -2-




OTHER PRESENT:

              SRI V.K SUNIL (GP)


      THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
17.01.2023, THE COURT ON 02.02.2026 DELIVERED THE FOLLOWING:
                                                                 2026:KER:8512
W.P (C) No.1456/2023                  -3-


                                 JUDGMENT

This writ petition has been filed challenging Ext.P1 order directing an inspection in terms of the provisions contained in Section 66 of the Kerala Co- operative Societies Act, 1969.

2. The learned Government Pleader submits that the petitioner has no right to challenge the notice at this stage and in view of the law laid down by the Full Bench of this Court in Kudayathoor Service Co-operative Bank Ltd., v. Joint Registrar of Co-operative Societies (General); 2022 (3) KLT 222 (FB), the petitioner has to take up all contentions before the competent authority if any further action is taken on the report to be prepared under the provisions of the Section 66 of the 1969 Act.

3. Having heard the learned counsel for the petitioner and the learned Government Pleader and having perused the law laid down by the Full Bench in Kudayathoor Service Co-operative Bank Ltd. (supra), I am of the view that the learned Government Pleader is right in contending that the petitioner cannot at this stage challenge any notice directing the holding of an inspection in terms of the provisons contained in Section 66 of the 1969 Act and it is for the petitioner to take up all contentions before the competent authority, if and when further proceedings are initiated against the petitioner.

2026:KER:8512 W.P (C) No.1456/2023 -4- Accordingly reserving the right of the petitioner to raise all contentions before the competent authority if any further proceedings are initiated against the petitioner, this writ petition is closed.

Sd/-

GOPINATH P. JUDGE AMG 2026:KER:8512 W.P (C) No.1456/2023 -5- APPENDIX OF WP(C) NO. 1456 OF 2023 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE ORDER BEARING NO.BALA.3640/22 DATED 3-1-2023 ISSUED BY THE 3RD RESPONDENT Exhibit P2 TRUE COPY OF THE LOAN APPLICATION BEARING NO.DL 28/16-17 DATED NIL SUBMITTED BY M.UNNIKRISHNAN, ANANDA VILASOM, PARAMBUKONAM TO THE PETITIONER BANK Exhibit P3 TRUE COPY OF THE GAHAN DATED 2-7-2016 REGISTERED AND EXECUTED BY M.UNNIKRISHNAN, LOANEE AND ASHOKAN V, GUARANTOR IN FAVOUR OF THE PETITIONER BANK WITH SRO KANYAKULANGARA Exhibit P4 TRUE COPY OF THE SALE DEED DATED 25-2-2010 REGISTERED AS DOCUMENT NO.540 OF 2010 OF SRO KANYAKULANGARA Exhibit P5 TRUE COPY OF THE THANDAPPER ACCOUNT IN RESPECT OF THANDAPPER NO.31/18254 OF VEMBAYAM VILLAGE IN THE NAME OF ASHOKAN V Exhibit P6 TRUE COPY OF THE SAID APPLICATION DATED 13-1- 2021 SUBMITTED BY MR. ASHOKAN V TO THE SALE OFFICER BY THE PETITIONER