Sivakumar K.S vs The Registrar Of Co-Operative ...
2021 Latest Caselaw 3717 Ker

             IN THE HIGH COURT OF KERALA AT ERNAKULAM

                               PRESENT

              THE HONOURABLE MR. JUSTICE AMIT RAWAL

     TUESDAY, THE 02ND DAY OF FEBRUARY 2021 / 13TH MAGHA,1942

                    WP(C).No.18080 OF 2016(H)


PETITIONERS:
       1     SIVAKUMAR K.S
             AGED 48 YEARS, ASSISTANT,
             KERALA STATE CO OERATIVE AGRICULTURAL AND RURAL
             DEVELOPMENT BANK, REGIONAL OFFICE ERNAKULAM,
             GANDHI NAGAR, ERNAKULAM

      2      THOMSON JOSEPH
             ASSISTANT MANAGER,
             KERALA STATE CO OERATIVE AGRICULTURAL AND RURAL
             DEVELOPMENT BANK, REGIONAL OFFICE ERNAKULAM,
             GANDHI NAGAR, ERNAKULAM

      3      ANILKUMAR N
             AGRICULTURAL OFFICER,
             KERALA STATE CO OERATIVE AGRICULTURAL AND RURAL
             DEVELOPMENT BANK, INSTITUTE OF TRAINING AND
             MANAGEMENT, GANDHI NAGAR, ERNAKULAM

             BY ADVS.
             SRI.M.SASINDRAN
             SRI.V.VENUGOPAL

RESPONDENTS:
       1     THE REGISTRAR OF CO-OPERATIVE SOCIETIES (GENERAL)
             THIRUVANANTHAPURAM 695001

      2      STATE OF KERALA
             REPRESENTED BY SECRETARY TO GOVERNMENT, DEPARTMENT OF
             CO OPERATION, SECRETARIAT, THIRUVANANTHAPURAM 695001

      3      THE KERALA STATE CO OPERATIVE AGRICULTURAL AND RURAL
             DEVELOPMENT BANK, REGIONAL OFFICE, ERNAKULAM,
             GANDHI NAGAR, ERNAKULAM, 682036,
             REPRESENTED BY THE MANAGING DIRECTOR

             R1 BY GOVERNMENT PLEADER
             R1, R3 BY ADV. SRI.GEORGE POONTHOTTAM
             R3 BY ADV. SMT.NISHA GEORGE

     THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
02.02.2021, ALONG WITH WP(C).18337/2016(N), THE COURT ON THE SAME
DAY DELIVERED THE FOLLOWING:
 WP(C).NoS.18080/2016 & 18337/2016

                                 2


            IN THE HIGH COURT OF KERALA AT ERNAKULAM

                               PRESENT

              THE HONOURABLE MR. JUSTICE AMIT RAWAL

    TUESDAY, THE 02ND DAY OF FEBRUARY 2021 / 13TH MAGHA,1942

                     WP(C).No.18337 OF 2016

PETITIONERS:
       1     M.RAJAN
             AGED 53 YEARS, S/O MATHEW,
             AGRICULTURAL DEVELOPMENT OFFICER,
             KERALA STATE CO-OPERATIVE AGRICULTURAL AND RURAL
             DEVELOPMENT BANK, REGIONAL OFFICE, ERNAKULAM, GANDHI
             NAGAR, ERNAKULAM.

      2      THE KERALA STATE CO-OPERATIVE AGRICULTURAL RURAL
             DEVELOPMENT BANK TECHNICAL STAFF ASSOCIATION,
             THIRUVANANTHAPURAM-REPRESENTED BY ITS GENERAL
             SECRETARY, K.R.THULASIDHARAN PILLAI.

             BY ADVS.
             SRI.M.SASINDRAN
             SRI.V.VENUGOPAL

RESPONDENTS:
       1     THE REGISTRAR OF CO OPERATIVE SOCIETIES (GENERAL)
             THIRUVANANTHAPRUAM-695001.

      2      STATE OF KERALA
             REPRESENTED BY SECRETARY TO GOVERNMENT, DEPARTMENT
             OF CO-OPERATIION, SECRETARIAT, THIRUVANANTHAPURAM-
             695001.

      3      THE KERALA STATE CO-OPERATIVE AGRICULTURAL AND RURAL
             DEVELOPMENT BANK
             HEAD OFFICE, STATUE JUNCTION, THIRUVANANTHAPRUAM-
             695001
             REPRESENTED BY ITS GENERAL MANAGER.

             R1 BY GOVERNMENT PLEADER
             R1, R3 BY ADV. SRI.GEORGE POONTHOTTAM
             R3 BY ADV. SMT.NISHA GEORGE

     THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
02.02.2021, ALONG WITH WP(C).18080/2016(H), THE COURT ON THE SAME
DAY DELIVERED THE FOLLOWING:
 WP(C).NoS.18080/2016 & 18337/2016

                                 3



                            JUDGMENT

[ WP(C).18080/2016, WP(C).18337/2016]

Dated this the 2nd day of February 2021

There is no challenge to the Government order except the

order of the Registrar whereby the recovery of the arrears have

been sought. There was a interim stay regarding the operation of

the demand raised as per the order dated 03.05.2016. Since the

petitioners for the purpose of monetary claim can avail the

alternative remedy under the provisions of Section 69 (1)(h) of

Kerala Co-Operative Societies Act, 1969, they are relegated to

avail that remedy. However, the interim order granted by this

court shall remain in force for a period of one month. Thereafter,

they shall be at liberty to press their claim for interim stay before

appropriate forum.

These writ petitions stand disposed of.

Sd/-

AMIT RAWAL

JUDGE nak WP(C).NoS.18080/2016 & 18337/2016

APPENDIX OF WP(C) 18080/2016 PETITIONERS' EXHIBITS:

EXHIBIT P1 A TRUE COPY OF THE JUDGMENT DATED 10.11.2003 IN OP.NO. 38367/2002

EXHIBIT P2 A TRUE COPY OF THE GO (RT) NO.

08/2012/CO OP. DATED 16.01.2012 ISSUED BY THE GOVERNMENT

EXHIBIT P3 A TRUE COPY OF THE ORDER NO. EM(4) 7419/16(2) DATED 03.05.2016

EXHIBIT P4 A TRUE COPY OF THE INTERIM ORDER DATED 18.12.2015 IN WPC.NO. 38550/2015 WP(C).NoS.18080/2016 & 18337/2016

APPENDIX OF WP(C) 18337/2016 PETITIONERS' EXHIBITS:

EXHIBTI P1: A TRUE COPY OF THE JUDGMENT DATED 10.11.2003 IN O.P.NO.38367 OF 2002.

EXHIBIT P2: A TRUE COPY OF THE G.O.(RT)NO.8/2012/CO-

OP; DATED 16.1.2012 ISSUED BY THE GOVERNMENT.

EXHIBIT P3: A TRUE COPY OF THE ORDER NO.EM(4) 7419/2016 (2) DATED 3.5.2016.

EXHIBIT P4: A TRUE COPY OF THE INTERIM ORDER DATED 24.5.2016 IN WPC NO.18080 OF 2016.