Since common issues are raised in these writ petitions, they
are heard and disposed of by this common judgment.
2. The above writ petition is filed seeking a direction to the 2 nd
respondent to finalise and complete the procedural formalities in the
matter of liquidation of the defunct Naduvannur Service Co-operative
Bank Ltd. No.LL 68 by implementing the direction contained in Ext.P7
judgment.
3. Petitioner is a co-operative society. A nearby society by
name Naduvannur Service Co-operative Bank Ltd. No.LL 68 become
defunct and the 2nd respondent ordered liquidation appointing the 1st
respondent as liquidator in order to complete the proceedings of
liquidation. The 1st respondent had proceeded with the liquidation
proceedings and the general body of the petitioner took a resolution
to the effect that the petitioner is prepared to take over the assets and
W.P.(C) Nos.12209 and 20591 of 2022
2025:KER:28428
liabilities of the defunct society and the said resolution was forwarded
to the liquidator. The liquidator convened a meeting of the general
body of the defunct society on 27.12.2011. No ‘A’ class members
attended the meeting and the liquidator exercising the power as per
law had taken a decision to handover the assets and liabilities by
acting upon the resolution of the general body of the petitioner
society. The liquidator after completing the proceedings submitted
Ext.P1 report before the Joint Registrar of Co-operative Societies.
Certain persons claiming to be members of the defunct society has
approached this Court filing W.P.(C) No.17295 of 2013 contending
that the liquidation proceedings need not be proceeded and that the
functioning of the society can be revived. The said writ petition was
disposed of directing the Joint Registrar to consider the matter.
Thereafter the Joint Registrar considered the applications and
rejected the same confirming the resolution of the liquidator as per
Ext.P2 order. Challenging the said order they again approached this
Court filing W.P.(C) No.31432 of 2013. The said writ petition was
dismissed by Ext.P3. Pursuant to the same as per Ext.P4
proceedings the Joint Registrar considered all the matters and
rejected all the contentions raised against the proceedings of the
liquidator and directed the Assistant Registrar, Koyilandy to complete
W.P.(C) Nos.12209 and 20591 of 2022
2025:KER:28428
all the proceedings. Later Ext.P5 resolution was passed by the
petitioner society requesting the Joint Registrar through the Assistant
Registrar to finalise the proceedings of liquidation and for transfer of
assets and liabilities to the petitioner. Ext.P6 request was also made
to the Joint Registrar. Alleging inaction, petitioner has filed W.P.(C)
No.10667 of 2019 with a prayer to finalise the proceedings for
transfer of assets to the petitioner society and this Court by Ext.P7
judgment directed to complete the proceedings within a period of six
months. While proceedings are going on, the 3 rd respondent Co-
operative Bank taking advantage of the changed political
circumstances filed a representation before the Government
requesting that the assets of the defunct society may be handed over
to them. The Government forwarded the said representation to the
Joint Registrar for further action and the Joint Registrar by Ext.P8
order rejected the request holding that all proceedings of liquidation
have been completed. Ext.P8 order was challenged by the 3 rd
respondent filing W.P.(C) No.26191 of 2019. This Court by Ext.P9
judgment directed the Government to consider the
representation/appeal as an appeal under Section 83(1)(f) of the
Kerala Co-operative Societies Act and to pass orders thereon.
Though the petitioner challenged Ext.P9 judgment in W.A.No.240 of
W.P.(C) Nos.12209 and 20591 of 2022
2025:KER:28428
2022, the same was not entertained. The grievance raised by the
petitioner is that the proceedings have not been finalised in spite of
the specific directions issued by this Court in Ext.P1 to finalise the
proceedings without any delay.
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