GEORGE MATHEW Vs. ASSISTANT REGISTRAR

JUDGEMENT

(1.) The petitioners, who are members of Ullala Service Co-operative Bank Ltd. No.1142, the 3rd respondent-Bank, had applied for loan for an amount of Rs.20,00,000/- for business purpose, offering their property having a total extent of 25 cents at Kothavara, Thalayazham Village as the collateral security. According to the petitioners, the respondent- Bank had sanctioned loan for an amount of Rs.10,00,000/- to the 1st petitioner-son and a further amount of Rs.10,00,000/- to the 2nd petitioner-mother. As directed by the 3rd respondent-Bank the petitioners had executed 'gehan' in favour of the Bank. Though Ext.P1 encumbrance certificate dated 25.7.2017 would show execution of 'gehan' in favour of the Bank for an amount of Rs.10,00,000/- each, the Bank disbursed only an amount of Rs.2,00,000/- as loan, in the month of August, 2017. The 1st petitioner submitted Ext.P2 complaint dated 27.9.2017 before the Assistant Registrar (General) of Co-operative Societies, Vaikom, the 1st respondent. On 28.9.2017, the 1st petitioner was informed vide Ext.P3 communication dated 28.9.2017 of the 1st respondent- Assistant Registrar that necessary directions have already been issued to the 3rd respondent-Bank to disburse the loan amount. A copy of Ext.P4 communication dated 28.9.2017 of the 1st respondent-Assistant Registrar addressed to the 3rd respondent- Bank was also enclosed along with Ext.P3. Since the 3rd respondent-Bank has not taken any action as per Ext.P4, the petitioners have filed this writ petition under Article 226 of the Constitution of India, seeking a writ of mandamus commanding the 1st respondent-Assistant Registrar to implement Ext.P4 decision dated 28.9.2017 at the earliest and to arrange disbursement of the balance loan amount by the 3rd respondent- Bank at the earliest. The petitioners have also sought for a writ of mandamus commanding the 1st respondent to take action under Section 66B of the Kerala Co-operative Societies Act 1969 against the officers of the 3rd respondent-Bank for non-compliance of Ext.P4.

(2.) On 6.11.2017 when this writ petition came up for admission, this Court admitted the matter on file. The learned Government Pleader took notice for respondents 1 and 2 and notice by special messenger was ordered to the 3rd respondent.

(3.) The 3rd respondent-Bank has filed counter affidavit opposing the reliefs sought for in this writ petition and the petitioners have also filed a reply affidavit reiterating the contentions raised in the writ petition. The petitioners have also produced certain additional documents along with their rely affidavit.