1. These writ petitions are filed, as the petitioners are aggrieved that the amounts in fixed deposits maintained by them in the Venkurinji Service Co- operative Bank Ltd. No.3023 (hereinafter referred to as 'the Bank') are not being repaid, despite maturity.

2. The learned counsel appearing for the respondent Bank submits that the Bank is in dire financial straits. It is submitted that unless the Bank can recover amounts from borrowers, the Bank will not be in a position to repay depositors like the petitioners. It is submitted that the Bank has obtained awards in respect of certain loans advanced by the Bank. It is submitted that, as per the counter affidavit dated 20-10-2025 filed in W.P (C) No.218/2025, the amount to be recovered in terms of the awards obtained by the Bank in 41 arbitration cases is Rs.1,30,27,000/- (Rupees One Crore Thirty Lakh Twenty Seven Thousand Only). It is pointed out that 41 execution petitions have also been filed in respect of the awards that have been obtained by the Bank. It is submitted that the Bank has submitted a revival scheme under the Kerala Co-operative Revival Fund Scheme, 2024 of the Government of Kerala, for availing a sum of Rs.30,00,00,000/- (Rupees Thirty Crore only) and the same is pending consideration of the Government. It is submitted that the Bank is also entitled to amounts from the Deposit Guarantee Scheme of the additional 8th respondent in W.P (C) No.218/2025.

3. Sri. K. Sasikumar, the learned counsel appearing for the additional 8th respondent in W.P (C) No.218/2025 would submit that while there is a provision in the Regulations relating to the Deposit Guarantee for the grant of financial assistance under the Deposit Guarantee Scheme to societies like the petitioner subject to the cap of Rs.5,00,000/- (Rupees Five lakh only) per deposit, such benefits can be paid only at the time when the society is being wound up or liquidated. It is submitted that since the respondent Bank has not been wound up or liquidated presently, the amounts under the scheme cannot be released. It is submitted that if the respondent Bank is seeking any financial assistance from the scheme for revival, the same will also be granted only after the scheme for revival is approved by the Government.

4. Sri. P. P. Tajudeen, the learned Special Government Pleader, appearing for the official respondents, would submit that recovery has to be expedited and that the Department is taking every effort to see that the awards are executed at the earliest.

5. Having heard the learned counsel for the petitioners, the learned Government Pleader for the official respondents and the learned counsel for the additional 8th respondent in W.P (C) No.218/2025, I am of the view that unless the recovery proceedings for recovery of amounts due under the awards are expedited, the institutions, such as the respondent Bank, will not be in a position to repay the deposits.

6. Awards obtained in proceedings under Section 69 of the Kerala Co-operative Societies Act, 1969 (hereinafter referred to as 'the 1969 Act') can be executed in the manner set out in Section 76 of the 1969 Act. Section 76 of the 1969 Act reads thus:-

                  “Execution of orders, etc.

                  Every order made under sub-section (2) of section 68 or every order of the Ombudsman, provided under section 69A, or an order or under section 75 every decision or award made under Section 70, every order made by the liquidator under section 73 and every order made by the Tribunal under Section 82, section 84, section 85 or section 86 and every order made under section 83 shall, if not carried out-

                  (a)      on a certificate signed by the Registrar or any person authorised by him in this behalf, be deemed to be a decree of a civil Court and shall be executed in the same manner as a decree of such Court; or

                  (b)      where the order is for the recovery of money, be executed according to the law and under the rules for the time being in force for the recovery of arrears of public revenue due on land:

                  Provided that any application for such recovery shall be made-

                  (i)       to the Collector and shall be accompanied by a certificate signed by the Registrar or by any person authorised by him in this behalf;

                  (ii)      within twelve years from the date fixed in the order, decision or award and if no such date is fixed, within twelve years from the date of the order, decision or award, as the case may be, or

                  (c)      be executed by the Registrar or any other person subordinate to him empowered by the Registrar in this behalf, by the attachment and sale or sale without attachment of any property of the person or a society against whom the order, decision or award has been obtained or passed.”

                  By Act 16 of 2004 (w.e.f 23-06-2004) Section 36A was inserted in the 1969 Act making certain provisions of the Kerala State Co-operative Agricultural and Rural Development Banks Act, 1984 (hereinafter referred to as the ‘CARD Bank Act’) applicable to the recovery of amounts in the manner set out in that provision. Section 36A of the 1969 Act reads thus:-

                  “Charge on movable or immovable property of borrower by creating Gehan.-

                  Notwithstanding anything contained in any other provisions of this Act, charge on movable or immovable property of a borrower in favour of the Kerala State Cooperative Bank or a Primary Agricultural Credit Society or Primary Housing Society or an Urban Cooperative Bank or any Primary Cooperative Bank or any Primary Cooperative Societies dealing with credit activities may be created by Gehan in respect of which the provisions of sections 9 to 15 (both inclusive) and 19 to 28 (both inclusive) of the Kerala State Cooperative Agricultural and Rural Development Banks Act, 1984 (20 of 1984), as amended from time to time, shall apply with the modification of substituting the words Kerala State Cooperative Bank", "Primary Agricultural Credit Society or Primary Housing Society", or and Urban Cooperative Bank or any Primary Cooperative Societies dealing with credit activities "Society" and "said Bank or "Society", respectively, for the words, "Agricultural and Rural Development Bank", "primary bank", "bank" and "said banks" occurring in the said sections.

                  Explanation.-- For the purpose of the section, Gehan means a special charge on movable or immovable property, in favour of the Kerala State Cooperative Bank or a Primary Agricultural Credit Society or a Primary Housing Society or an Urban Cooperative Bank or any Primary Cooperative Societies dealing with credit activities by a mere declaration in writing by the borrower, for securing the payment of money advanced or to be advanced by way of loan, which will have all the characteristics of a valid mortgage.”

                  However, it is fairly admitted by the learned Special Government Pleader that the provisions of Section 36A of the 1969 Act have not been operationalised till today. The reasons for the same are not germane to this writ petition and, therefore, it is not necessary to enter into any discussion on that topic. On a perusal of the provisions contained in Section 76 of the 1969 Act, I am of the view that the said provision clearly provides for initiation of recovery proceedings under the Kerala Revenue Recovery Act, 1968 (hereinafter referred to as 'the 1968 Act') and the Rules made thereunder where a requisition is made as contemplated by the provisions of Section 76 (b) within the time specified in the said provision. The 1968 Act is an Act to consolidate the laws relating to the recovery of arrears of public revenue in the State of Kerala. By virtue of the provisions contained in Section 71 of the 1968 Act, the provisions of the 1968 Act can be extended to any institution, by notification in the Government Gazette. However, in so far as the orders/decisions or awards to which the provisions of sub-section (b) of Section 76 of the 1969 Act apply a notification as contemplated by the provisions of Section 71 of the 1968 Act is clearly not necessary as the provisions of Section 76 (b) of the 1969 Act itself makes the provisions of 1968 Act applicable for the recovery of amounts due under any award made under Section 70 of the 1969 Act. Thus, it is declared that by virtue of the provisions contained in sub-section (b) of Section 76 of the 1969 Act the provisions of the 1968 Act will be applicable for the purpose of recovery of amounts due under the awards obtained under Section 70 of the 1969 Act without any notification being issued in terms of the provisions contained in Section 71 of the 1968 Act. The provisions of the 1968 Act provide a comparatively quicker mode of recovery than the other modes of recovery contemplated by the provisions of Section 76 of the 1969 Act.

7. In the facts and circumstances of these cases and because the deposits due to the petitioners can be returned only after recovery proceedings for amounts due under the awards obtained by the Bank are expedited, these writ petitions will stand disposed of directing that the respondent Bank shall forthwith initiate proceedings for recovery of amounts due under awards obtained by it and also in respect of awards to be obtained in future under Section 70 of the 1969 Act in terms of the provisions contained in sub-section (b) of Section 76 of the 1969 Act. This shall be in addition to other modes of recovery contemplated by the provisions of Section 76 of the 1969 Act. In other words, the fact that other modes for recovery have been initiated will not prevent the initiation of proceedings under the 1968 Act as contemplated by the provisions of Section 76(b) of the 1969 Act. It is settled law that where more than one mode of recovery is contemplated, it is open to the Bank or Financial Institution to resort to any of the methods of the recovery, and the Doctrine of Election will not apply ( M/s Transcore v. Union of India and Another, 2008 KHC 4002.).

8. Since it is submitted by the learned Special Government Pleader that recovery proceedings under the 1968 Act have to be initiated through an online portal maintained by the Revenue Department, the Principal Secretary to the Government, Department of Revenue, Government Secretariat, Thiruvananthapuram, is suo motu impleaded as an additional respondent in all these writ petitions. There will be a direction to the Principal Secretary, Department of Revenue, Government Secretariat, Thiruvananthapuram to take necessary steps to facilitate the initiation of recovery proceedings under the provisions of the 1968 Act in respect of awards obtained by Co-operative Societies under Section 70 of the 1969 Act, if necessary, by making changes to the existing software/portal. The needful shall be done within a period of two weeks from the date of receipt of a certified copy of this judgment. Thereafter, the respondent bank shall take steps to initiate revenue recovery proceedings as contemplated by the provisions of sub-section (b) of Section 76 of the 1969 Act without any further delay. The steps for initiating recovery proceedings as directed above will be taken at any rate within a period of one month, from the date on which the portal for initiation of recovery proceedings is facilitated by the Revenue Department based on the directions contained in this judgment. It is further directed that in all cases where loans are in arrears, and the bank has not so far initiated proceedings under Section 69 of the 1969 Act, the steps shall be taken forthwith to initiate such proceedings without further delay. Every endeavour shall be made by the Arbitrator to dispose of any arbitration proceedings initiated in terms of the directions contained in this judgment within a time limit specified in sub-section (6) of Section 70 of the 1969 Act. The respondent bank shall, within a period of one month from the date of receipt of a certified copy of this judgment, prepare a priority list strictly based on date of maturity in respect of fixed deposits payable and shall start disbursing the amounts after recovery is effected through revenue recovery proceedings or otherwise. All contentions taken by the petitioners are left open, and liberty of the petitioners to approach this court again will stand reserved.

9. It is further directed that the respondent bank shall not utilise the money recovered by it in terms of the directions issued by this Court or otherwise for any other purpose other than for the repayment of amounts due on fixed deposits in terms of the priority list to be prepared as directed above. The priority list shall, as soon as it is prepared, be published on the notice board of the Bank and shall also be given to any depositor who seeks a copy of the list.

Writ Petitions are ordered accordingly.