Judgment:
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN TUESDAY,THE1T DAY OF APRIL201411TH CHAITHRA, 1936 W.P.(C).No.24101 of 2012 (K) -------------------------------------------------- PETITIONER(S):- ------------------------ K.G.PRASANNAKUMARI @ SYAMALA, WIFE OF LATE E.K.BHASKARAN, MADALLIL KUNNEL HOUSE, WARD NO.10, VIJAYAPURAM PANCHAYAT, MANGANAM P.O. KOTTAYAM - 686 018. BY ADVS.SRI.N.NAGARESH SRI.SHAJI THOMAS SRI.BINU PAUL SRI.T.V.VINU. RESPONDENT(S):- ---------------------------- 1. KERALA CO-OPERATIVE DEVELOPMENT & WELFARE BOARD, REPRESENTED BY ITS SECRETARY, T.C.NO.25/357(4) NEAR GANDHI AMMANKOVIL, STATUTE, THIRUVANANTHAPURAM695001.
2. KOTTAYAM CO-OPERATIVE URBAN BANK LTD.NO.421, HO: PB NO.46, THIRUNAKKARA, KOTTAYAM-686 001.
3. MANGANAM SERVICE CO-OPERATIVE BANK LTD. NO.1920, REPRESENTED BY ITS BRANCH MANAGER, MAIN BRANCH MANGANAM P.O., KOTTAYAM- 686 018. R1 BY STANDING COUNSEL SRI.T.M.RAMAN KARTHA. R2 BY ADV. SRI.SURIN GEORGE IPE R1 BY ADV. SRI.NAGARAJ NARAYANAN R1 BY ADVSRI.SAIJO HASSAN R1 BY ADVSRI.BENOJ C AUGUSTIN R1 BY ADVSRI.I.J.AUGUSTINE R1 BY ADVSRI.SEBIN THOMAS R1 BY ADVSMT.J.KASTHURI R1 BY ADVSRI.PRATHAP PILLAI R1 BY ADVSRI.SWATHY DAS R1 BY ADVSRI.P.E.SAJAL THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON0104-2014, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:- WP(C).24101 of 2012-K. APPENDIX PETITIONER(S) EXHIBITS:- --------------------------------------- EXHIBIT-P1 - TRUE COPY OF THE KERALA RISK FUND SCHEME, 2008 FRAMED BY THE GOVERNMENT OF KERALA. EXHIBIT-P2 - TRUE EXTRACT OF THE PERSONAL LEDGER OF ACCOUNTS AS ON104-2012 EXHIBIT-P3 - TRUE COPIES OF MEDICAL CERTIFICATES DATED265-2012 AND275-2012 EXHIBIT-P4 - TRUE COPY OF THE DEATH CERTIFICATE DATED22-2011 OF LATE E.K.BHASKARAN. EXHIBIT-P5 - TRUE COPY OF THE LETTER DATED13-2011 OF THE2D RESPONDENT. EXHIBIT-P6 - TRUE COPY OF THE AWARD DATED156-2011 IN FILE NO.727/2011 OF THE ARBITRATOR, KOTTAYAM CO-OPERATIVE URBAN BANK LTD. EXHIBIT-P7 - TRUE COPY OF THE LETTER DATED2210-2011 OF THE2D RESPONDENT ADDRESSED TO THE1T RESPONDENT. EXHIBIT-P8- TRUE COPY OF THE ORDER
NO.HM/JSP/1782/11 DATED171-2012 OF THE JOINT REGISTRAR (GENERAL) OF CO-OPERATIVE SOCIEIES, KOTTAYAM. EXHIBIT-P9 - TRUE COPY OF THE LETTER DATED272-2012 OF THE1T RESPONDENT ADDRESSED TO THE2D RESPONDENT. EXHIBIT-P10 - TRUE COPY OF THE LOAN CERTIFICATE DATED269-2012 ISSUED BY THE3D RESPONDENT. EXHIBIT-P11 - TRUE COPY OF THE REPRESENTATION DATED186-2012 SUBMITTED TO THE1T RESPONDENT. EXHIBIT-P12 - TRUE COPY OF THE LETTER DATED186-2012 SENT BY2D RESPONDENT TO THE1T RESPONDENT. EXHIBIT-P13 - TRUE COPY OF THE LETTER NO.13/2011 DATED86-2012 OF THE1T RESPONDENT. WP(C).24101 of 2012-K. - 2 - RESPONDENT'S EXHIBITS:- ---------------------------------------- EXHIBIT R1(a) TRUE COPY OF THE LOAN AGREEMENT DATED1706.2010. EXHIBIT R1(b) TRUE COPY OF THE PERSONAL LEDGER ACCOUNTER OF THE LOANEE. EXHIBIT R1(c) TRUE COPY OF THE INTIMATION DATED272.2012. EXHIBIT R1(d) TRUE COPY OF THE INTIMATION DATED86.2012. vku/- ( true copy ) K.Vinod Chandran, J.
------------------------------------- W.P.(C).No.24101 of 2012-K -------------------------------------- Dated this the 01st day of April, 2014 JUDGMENT
The learned counsel for the respondent-Board submits, on instructions, that the claim submitted by the petitioner for the benefit of the Risk Fund Scheme would be disbursed after placing the matter before the Board for formal confirmation.
2. The submission of the learned counsel would indicate that the Board has already taken a decision to grant the benefit and what is required is, only a formal confirmation, for which the matter is placed before the Board, which is scheduled in the third week of April, 2014. The submission is recorded and the writ petition is closed, without prejudice to the right of the petitioner to seek revival of the writ petition in case the relief is not granted. There shall be no order as to costs. Sd/- K.Vinod Chandran, Judge vku. ( true copy )