Kerala High Court
Joy Thomas vs The Joint Registrar Of Co-Operative ... on 11 April, 2024
Author: Devan Ramachandran
Bench: Devan Ramachandran
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
THURSDAY, THE 11TH DAY OF APRIL 2024 / 22ND CHAITHRA, 1946
WP(C) NO. 13629 OF 2024
PETITIONER/S:
JOY THOMAS
AGED 66 YEARS
S/O. P.A. THOMAS POOVATHUMMOOTTIL HOUSE, KOZHIMALA
P.O., IDUKKI, PIN - 685511
BY ADVS.
LIJI.J.VADAKEDOM
ATHUL V. VADAKKEDOM
RESPONDENT/S:
1 THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES (GENERAL)
OFFICE OF THE JOINT REGISTRAR CO-OPERATIVE SOCIETIES
(GENERAL), IDUKKI COLONY, IDUKKI, PIN - 685602
2 THE ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES
(GENERAL),
OFFICE OF THE ASSISTANT REGISTRAR OF CO-OPERATIVE
SOCIETIES (GENERAL), IDUKKI, NAYARUPARA P.O, IDUKKI,
PIN - 685602
3 THE KATTAPPANA RURAL SERVICE CO-OPERATIVE BANK LTD NO.
I 591,
REPRESENTED BY ITS SECRETARY, OFFICE OF THE KATTAPPANA
RURAL SERVICE CO-OPERATIVE BANK LTD NO. I 591,
KATTAPPANA P.O., IDUKKI, PIN - 685508
4 THE SECRETARY
KATTAPPANA RURAL SERVICE CO-OPERATIVE BANK LTD NO. I
591, OFFICE OF THE KATTAPPANA RURAL SERVICE CO-
OPERATIVE BANK LTD NO. I 591, KATTAPPANA P.O., IDUKKI,
PIN - 685508
OTHER PRESENT:
SMT. MABLE C.KURIAN, SR.GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
11.04.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO.13629 OF 2024
2
JUDGMENT
The limited plea of the petitioner is that the 1st respondent be directed to take up Ext.P3 representation preferred by him and dispose it of, within a time frame to be fixed by this Court.
2. Smt.Mable.C.Kurian, learned Government Pleader, however, submitted that a preliminary enquiry has already been conducted into the affairs of the 3rd respondent Bank and that the petitioner cannot now seek any further action pursuant to Ext.P3.
3. Sri.Liji.J.Vadakkedom, the learned counsel for the petitioner, however, submitted that Ext.P3 is only an information that his client has placed before the 3rd respondent and therefore, that he is obligated to advert to the same and take necessary action.
4. There is some force in the afore submissions of Sri.Liji.J.Vadakkedom because, even though this Court cannot direct the 1st WP(C) NO.13629 OF 2024 3 respondent to take action as requested in Ext.P3, he certainly can take cognizance of the contents of the same and decide whether any steps or measures are necessary. This is particularly because of Ext.P2 information earlier granted to another person by the Assistant Registrar.
5. In the afore circumstances, without entering into the question whether Ext.P3 is maintainable and leaving it open to be decided, I direct the 1st respondent to take up the same and dispose it of, after hearing the petitioner, as also the 4th respondent, or any other person who may be interested of being heard; thus, culminating in an appropriate order and necessary action, as expeditiously as is possible, but not later than 3 months from the date of receipt of a copy of this judgment.
I clarify that I have not entered into the question whether Ext.P3 is maintainable, or whether any action is necessary thereon; and WP(C) NO.13629 OF 2024 4 that these are left open to be decided by the 1st respondent appositely, when the afore exercise is completed.
Sd/-
DEVAN RAMACHANDRAN JUDGE Mn WP(C) NO.13629 OF 2024 5 APPENDIX OF WP(C) 13629/2024 PETITIONER EXHIBITS Exhibit P1 THE COPY OF THE RELEVANT EXTRACT OF THE AUDIT REPORT FOR THE YEAR 2021-22 OF THE 3RD RESPONDENT BANK Exhibit P2 A COPY OF THE COMMUNICATION DATED 30.12.2022 ISSUED BY THE 2ND RESPONDENT-ASSISTANT REGISTRAR (GENERAL) OF CO-OPERATIVE SOCIETIES IDUKKI TO THE 3RD RESPONDENT BANK (RECEIVED UNDER THE PROVISIONS OF RTI ACT TO ONE KURIAKOSE) Exhibit P3 THE COPY OF THE REPRESENTATION DATED 27.11.2023 SUBMITTED BY THE PETITIONER AND ONE MATHEW JOSEPH BEFORE THE 1ST RESPONDENT- JOINT REGISTRAR