Niranja Kumar. P vs The Joint Registrar Of ...
2021 Latest Caselaw 4001 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                  PRESENT

               THE HONOURABLE MR. JUSTICE SUNIL THOMAS

    WEDNESDAY, THE 03RD DAY OF FEBRUARY 2021 / 14TH MAGHA,1942

                      WP(C).No.24261 OF 2020(G)


PETITIONERS:

      1        NIRANJA KUMAR. P.,
               AGED 57 YEARS
               S/O.MADHAVAN,
               LEELA MADHAVAM,
               WEST NELLUR,
               FEROKE P.O.,
               KOZHIKODE.

      2        P.SUBASH,
               S/O.SIVADASAN NAIR,
               PULLUR HOUSE,
               NELLUR,
               FEROKE P.O.,
               KOZHIKODE.

               BY ADVS.
               SRI.B.S.SWATHI KUMAR
               SMT.ANITHA RAVINDRAN
               SRI.HARISANKAR N UNNI
               SHRI.SARANGADHARAN P.
               SMT.P.S.BHAGYA SURABHI

RESPONDENTS:

      1        THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES
               (GENERAL)
               PUTHIYARA,
               KOZHIKODE,
               PIN-673 001.

      2        THE KARUVANTHIRUTHY SERVICE CO-OPERATIVE BANK
               LTD.NO.D.2638,
               KARUVANTHIRUTHY,
               FEROKE, KOZHIKODE,
               PIN-673 631,
               REPRESENTED BY ITS SECRETARY.

               R2 BY ADV. SRI.P.P.JACOB

               SR.GP K.P HARISH
 WP(C).No.24261 OF 2020

                               2


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
03.02.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.24261 OF 2020

                                        3




                                JUDGMENT

Dated this the 3rd day of February 2021

The petitioners are the members of the second

respondent Service Co-operative Bank. Alleging that the

Managing Committee of the second respondent was

indulging in several illegal activities, this Court was

earlier approached. It resulted in Ext.P2 judgment of

the Division Bench. The Division Bench held that, no

specific direction need be given to consider Ext.P1, as

to what was then under consideration of the

authorities. Thereafter, Ext.P4 complaint was submitted

by the second petitioner, alleging that the Managing

Committee was continuing with the illegal activities

and no further action has been taken pursuant to Ext.P2

judgment.

The learned senior Government Pleader submitted

that, pursuant to the direction of this Court, a report

was called from the Assistant Registrar, who has

conducted a Preliminary enquiry on 25.01.2021 and the

parties concerned were heard. He proposes to submit a WP(C).No.24261 OF 2020

report within a period of one month. He shall do so

accordingly. Thereupon the Joint Registrar shall take

follow up action, as expeditiously as possible, without

any further delay.

In the meanwhile, the Joint Registrar shall

independently consider Ext.P4 and dispose it of, as

expeditiously as possible, at any rate, within a period

of six weeks from today, after hearing both the

complainant as well as the Management Committee of the

Service Co-operative Bank.

Sd/-

                                                SUNIL THOMAS
                                                    JUDGE

Jms                               //True Copy//     P.A to Judge
 WP(C).No.24261 OF 2020





                             APPENDIX
PETITIONERS' EXHIBITS:

EXHIBIT P1               TRUE COPY OF THE PETITION FILED BY THE

PETITIONERS AND OTHERS BEFORE THE 1ST RESPONDENT DATED 10.07.2016.

EXHIBIT P2 TRUE COPY OF THE JUDGMENT IN WA NO.755/2019 DATED 20.03.2019.

EXHIBIT P3 TRUE COPY OF THE COMMUNICATION NO.CRP(1) 9/20-RTI DATED 03.03.2020.

EXHIBIT P4 TRUE COPY OF THE PETITION FILED BY THE 2ND PETITIONER BEFORE THE 1ST RESPONDENT DATED 03.03.2020.

RESPONDENTS' EXHIBITS:

EXHIBIT R2(a) TRUE PHOTOCOPY OF THE ORDER ISSUED BY THE JOINT REGISTRAR DATED 11.3.2015.

EXHIBIT R2(b) TRUE PHOTOCOPY OF THE ORDER ISSUED BY THE JOINT REGISTRAR DATED 29.5.2015.

EXHIBIT R2(c) TRUE PHOTOCOPY OF THE ORDER ISSUED BY THE JOINT REGISTRAR DATED 28.9.2015.

EXHIBIT R2(d) TRUE PHOTOCOPY OF THE REPORT DATED 23.1.2016 FORWARDED BY THE ASSISTANT REGISTRAR TO THE FIRST RESPONDENT.

EXHIBIT R2(e) TRUE PHOTOCOPY OF THE JUDGMENT IN W.P(c) NO.34425/2017 DATED 27.6.2018.

EXHIBIT R2(f) TRUE PHOTOCOPY OF THE APPLICATION DATED 2.12.20 FILED BY THE RESPONDENT PUBLIC INFORMATION OFFICER ALONG WITH LETTER DATED 24/2/20 ISSUED BY THE FIRST RESPONDENT TO THE JOINT AUDITOR.

EXHIBIT R2(g) TRUE PHOTOCOPY OF THE PROCEEDING ISSUED BY THE NABARD DATED 19.12.2012.

//True Copy// P.A to Judge