IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS
&
THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN
Wednesday, the 10th day of August 2022 / 19th Sravana, 1944
WA NO. 1121 OF 2020
AGAINST THE JUDGMENT DATED 10/8/2020 IN WP(C) 9550/2020 0F THIS COURT.
APPELLANTS/RESPONDENT NOS.2 & 3
1. THE PART- TIME ADMINISTRATOR, ADAT FARMERS SERVICE CO-OPERATIVE BANK
LTD.NO.R 689, THRISSUR DISTRICT-680 551.
AND ANOTHER
BY ADV.SRI.P.C.SASIDHARAN.
RESPONDENTS/PETITIONERS & RESPONDENTS NO.1
1. VIPIN K.HARI, S/O. HARIKUMAR K.V., AGED 29 YEARS, MEMBERSHIP
NO.25349, ADAT FARMERS SERVICE CO-OPERATIVE BANK LTD.NO.R 689,
THRISSUR DISTRICT-680 551, RESIDING AT KOTTIYATTIL HOUSE, VILANGAL,
PUZHAKKAL VILLAGE, AMALA NAGAR POST OFFICE, THRISSUR DISTRICT.
AND 2 OTHERS
BY ADV.SMT.NISHA GEORGE FOR R1 & R2
GOVERNMENT PLEADER FOR R3
Prayer for interim relief in the Writ Appeal stating that in the
circumstances stated in the appeal memorandum, the High Court be pleased
to stay all further proceedings pursuant to the impugned judgment of the
learned Single Judge dated 10/8/2020 in W.P.(C) No.9550 of 2020, pending
disposal of the Writ Appeal.
This Writ Appeal again coming on for orders on 10.08.2022, upon
perusing the appeal memorandum and this court's order dated 28.10.2021,
the court on the same day passed the following:
ALEXANDER THOMAS & SHOBA ANNAMMA EAPEN, JJ.
==================
W.A. No.1121 of 2020
[arising out of the impugned judgment in W.P.(C).No.9550 of 2020 dated
10.08.2020]
==================
Dated this the 10th day of August, 2022
ORDER
It is averred in para No.4 on page 2 of the counter affidavit dated 30.05.2020 filed by respondents 2 and 3 in the instant W.P.(C) [writ appellants herein] that the 1st writ petitioner was admitted as Class 'A' member of the society on 21.04.2012 by the Part Time Administrator by Resolution No.1(4) and the 2 nd writ petitioner was admitted as Class 'A' member on 16.01.2014 by Resolution No.3(2).
2. It is also averred in para 4 of the Memorandum of the W.P.(C) that during the term of the then Part Time Administrator, the election to the Managing Committee of the respondent Co-operative Society was held and resultantly the elected Managing Committee had assumed office of the Co-operative Society on 28.03.2014 and further that the elected Managing Committee in its meeting held on the same day (28.03.2014) had taken a decision to regularise and approve the membership granted to the 4464 persons (including the 2 writ petitioners), by the Part Time Administrator, etc.
3. The appellant Co-operative Society will make available W.A. No.1121 of 2020
- : 2 :-
before this Court copies of the following documents:
(1) Copy of the aforesaid Resolution No.1(4) dated 21.04.2012 and copy of Resolution No.3(2) dated 16.01.2014 on the basis of which the aforesaid 2 writ petitioners have been granted membership by the Part Time Administrator. (2) Copy of the resolution/decision/proceedings of the elected Managing Committee of the Co-operative Society said to have been taken on 28.03.2014 on the basis of which the said Committee has regularised and approved the previous decision of the Administrator to grant membership to the 2 writ petitioners herein.
The above said documents shall be made available before this Court, well before next posting date.
List on 19.08.2022 for judgment.
Hand over Sd/-
ALEXANDER THOMAS, JUDGE Sd/-
SHOBA ANNAMMA EAPEN, JUDGE AS 10-08-2022 /True Copy/ Assistant Registrar