Kerala High Court
State Bank Of India Schedule ... vs The Sdm Cum Registrar(F And S) on 11 August, 2021
W. A. Nos. 1022 & 1023 of 2021 -1-
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE THE CHIEF JUSTICE MR.S.MANIKUMAR
&
THE HONOURABLE MR. JUSTICE SHAJI P.CHALY
WEDNESDAY, THE 11TH DAY OF AUGUST 2021 / 20TH SRAVANA, 1943
WA NO. 1022 OF 2021
AGAINST THE JUDGMENT IN WP(C) 9489/2020 OF HIGH COURT OF KERALA,
ERNAKULAM
APPELLANT/S:
STATE BANK OF INDIA SCHEDULE CASTES/SCHEDULE TRIBES
EMPLOYERS WELFARE ASSOCIATION
(KERALA CIRCLE), REGD. NO.5 27/2001, CHILD WELFARE
COMPLEX, LMS COMPOUND, NOW AT STATE BANK OF INDIA, LOCAL
HEAD OFFICE, GROUND FLOOR, POOJAPPURA, THIRUVANANTHAPURAM
- 695 012 REPRESENTED BY ITS GENERAL SECRETARY, RAMAPRASAD
K.P.
BY ADV BINOY VASUDEVAN
RESPONDENT/S:
1 THE SDM CUM REGISTRAR(F AND S)
CHANAKYA PURI, JAM NAGAR HOUSE, NEAR UPSE, NEW DELHI - 110
001.
2 THE REGISTRAR (SOCIETY)
REGISTRATION DEPARTMENT, GOVERNMENT OF KERALA, EAST FORT,
THIRUVANANTHAPURAM - 695 023.
3 NATIONAL FEDERATION OF STATE BANK OF INDIA
SC/ST EMPLOYEES, REG.NO.E/S 184/2011, SWAGOTA SQUIRE, 5TH
FLOOR, ABC POINT, G.S.ROAD, GAUHATI - 781 005.
4 VELAYUDHAN K.S.
MANAGER, CUSTOMER SERVICE, STATE BANK OF INDIA, LOCAL HEAD
OFFICE, POOJAPURA, THIRUVANANTHAPURAM - 695 012.
5 T.K.SOMAN
CHIEF MANAGER, STATE BANK OF INDIA, REGIONAL BUSINESS
OFFICE, STATE BANK OF INDIA, PATHANAMTHITTA - 689 645.
BY ADVS.
S.P.ARAVINDAKSHAN PILLAY, R.V.SREEJITH, N.SANTHA,
V.VARGHESE, PETER JOSE CHRISTO, S.A.ANAND, K.N.REMYA,
L.ANNAPOORNA, VISHNU V.K., ABHIRAMI K. UDAY, KURUVILLA
SABU CHRISTY
SRI. TEK CHAND, SR. GOVT. PLEADER FOR R2,
SRI.DEEPU LAL MOHAN FOR R4 AND R5
THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 11.08.2021,
ALONG WITH WA.1023/2021, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
W. A. Nos. 1022 & 1023 of 2021 -2-
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE THE CHIEF JUSTICE MR.S.MANIKUMAR
&
THE HONOURABLE MR. JUSTICE SHAJI P.CHALY
WEDNESDAY, THE 11TH DAY OF AUGUST 2021 / 20TH SRAVANA, 1943
WA NO. 1023 OF 2021
AGAINST THE JUDGMENT IN WP(C) 8764/2020 OF HIGH COURT OF KERALA,
ERNAKULAM
APPELLANT/S:
STATE BANK OF INDIA SCHEDULED CASTES/SCHEDULED TRIBES
EMPLOYERS WELFARE ASSOCIATION
REG. NO. T.27/2001, REPRESENTED BY ITS GENERAL SECRETARY,
CHILD WELFARE COMPLEX, LMS COMPOUND, NOW AT STATE BANK OF
INDIA,
LOCAL HEAD OFFICE, GROUND FLOOR, POOJAPURA,
THIRUVANANTHAPURAM-695012.
BY ADV BINOY VASUDEVAN
RESPONDENT/S:
1 THE REGISTRAR (SOCIETY)
REGISTRATION DEPARTMENT, GOVERNMENT OF KERALA, EAST FORT,
THIRUVANANTHAPURAM-695023.
2 STATE BANK OF INDIA
CORPORATE CENTRE, STATE BANK BHAVAN, MADME CAMA ROAD,
NARIMAN POINT, MUMBAI-400021.
3 STATE BANK OF INDIA
LOCAL HEAD OFFICE,
POOJAPURA, THIRUVANANTHAPURAM-695012.,
REPRESENTED BY CHIEF GENERAL MANAGER.
4 NATIONAL FEDERATION OF STATE BANK OF INDIA
SC/ST EMPLOYEES REG.NO.E/184/2011.
SWAGOTA SQUIRE,
5TH FLOOR, ABC POINT,
G.S. ROAD, GAUHATI-781005.
5 VELAYUDHAN K.S.
MANAGER, CUSTOMER SERVICE, STATE BANK OF INDIA, LOCAL HEAD
OFFICE, POOJAPURA, THIRUVANANTHAPURAM-695012.
6 T.K.SOMAN
CHIEF MANAGER,
STATE BANK OF INDIA,
REGIONAL BUSINESS OFFICE,
STATE BANK OF INDIA,
PATHANAMTHITTA-689645.
W. A. Nos. 1022 & 1023 of 2021 -3-
OTHER PRESENT:
SRI. TEK CHAND, SR. GP FOR R1
SRI. AMAL GEORGE FOR R2 AND R3,
SMT. M.U.VIJAYALAKSHMI FOR R4,
SRI. DEEPU LAL MOHAN FOR R5 AND R6
THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 11.08.2021,
ALONG WITH WA.1022/2021, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
W. A. Nos. 1022 & 1023 of 2021 -4-
JUDGMENT
S. Manikumar, C. J.
Writ appeals are directed against the common judgment in W.P.
(C) No. 8764 of 2020 and connected cases dated 05.01.2021, whereby
the writ court declined to entertain the writ petitions on the ground
that a writ petition under Article 226 of the Constitution of India is not
maintainable to decide the issue relating to election of office bearers in
respect of a private body.
2. On this day, when the matter came up for hearing, Mr. Binoy
Vasudevan, learned counsel for appellant, submitted that adverting to
the issues raised, a suit has already been filed before the court of
competent civil jurisdiction and when an objection was raised on the
principle of doctrine of election, learned counsel for appellant thought
it fit to withdraw the writ appeals.
Accordingly, permission sought for by the learned counsel for
appellant to withdraw the writ appeals, are granted and the instant writ
appeals are dismissed. It is open to the appellant to raise all his
contentions in the suit already filed.
Sd/-
S.MANIKUMAR
CHIEF JUSTICE
Sd/-
SHAJI P.CHALY
JUDGE
Eb
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P. A. TO JUDGE
