Kerala High Court
Wadakkanchery Block Multi ... vs Muhammed K.A on 12 February, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE C.T.RAVIKUMAR
&
THE HONOURABLE MR. JUSTICE K.HARIPAL
FRIDAY, THE 12TH DAY OF FEBRUARY 2021 / 23RD MAGHA,1942
WA.No.1683 OF 2020
AGAINST THE JUDGMENT IN WP(C) 23164/2020(U) OF HIGH COURT OF
KERALA
APPELLANTS:
WADAKKANCHERY BLOCK MULTI PURPOSE CO-OPERATIVE
SOCIETY R. NO. 1125
WADAKKANCHERY,
REPRESENTED BY ITS SECRETARY-680 582.
BY ADV. SRI.P.C.SASIDHARAN
RESPONDENTS:
1 MUHAMMED K.A.,
AGED 62 YEARS,S/O.AVARAN
KIZHAKKEPEEDIKAYIL HOUSE,
OTTUPARA, KUMARANELLUR P.O.,
THALAPPILLY TALUK,
THRISSUR DISTRICT-680 590.
2 CHANDRASEKHARAN V.R.,
AGED 65 YEARS,
S/O.RAGHAVAN,
VADAKKETHIL HOUSE,
MARATHUKUNNU,ENKAKAD P.O.,
THALAPPILLY TALUK,
THRISSUR DISTRICT-680 589.
3 THE STATE OF KERALA,
REPRESENTED BY THE SECRETARY,
CO-OPERATIVE DEPARTMENT,
THIRUVANANTHAPURAM-695 001.
4 THE JOINT REGISTRAR GENERAL,
CO-OPERATIVE SOCIETIES,
COLLECTORATE,
AYYANTHOLE,
THRISSUR-680 003.
WA.No.1683 OF 2020 2
5 THE ASSISTANT REGISTRAR GENERAL,
CO-OPERATIVE SOCIETIES,
THALAPPILLY,
WADAKKANCHERY,
THRISSUR-680 582.
R1 AND R2 BY ADV. SRI.C.D. DILEEP
R3 TO R5 BY SMT. K.R. DEEPA, GOVERNMENT PLEADER
THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON
12.02.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WA.No.1683 OF 2020 3
JUDGMENT
Ravikumar, J.
This intra court appeal is filed against the judgment dated
30.10.2020 in W.P.(C.) No. 23164/2020. The fourth respondent is
the appellant. Respondents 1 and 2 herein were the petitioners in
the writ petition. The respondents 1 and 2 herein filed the writ
petition mainly seeking issue of writ of mandamus commanding
the respondents to permit them to continue as Director Board
Members of the fourth respondent Society till the disposal of
Exts.P3 and P3(a) appeals preferred respectively against Exts. P1
and P1(a) orders.
2. The learned Single Judge disposed of the writ
petition directing the first respondent, the State to consider and
dispose of Exts.P3 and P3(a) appeals within the time stipulated
thereunder and further staying the operation of impugned Exts.
P1 and P1(a) disqualifying the writ petitioners from continuing
as members of the Director Board till the disposal of the appeals.
3. When this matter was taken up for consideration
today, the learned Government Pleader handed over a copy of the
order passed on Exts.P3 and P3(a) appeals pursuant to the
impugned judgment viz., order bearing No. G.O. (Ordinary) No.
106/2021/Co-op., dated 11.02.2021. A perusal of the same would
reveal that Exts.P3 and P3(a) appeals referred as such in W.P.(C.)
No. 23164/2020, were finally heard by the Government and they
were dismissed.
4. In the said circumstances, taking note of the fact that
the fourth respondent in the writ petition who is the appellant
herein, was virtually attempting to get sustained Exts. P1 and
P1(a) orders, it is evident that this appeal has become infructuous
with the issuance of the aforementioned order dated 11.02.2021.
In the result, recording the factum of issuance of the said
order dated 11.02.2021 in the aforesaid manner, this appeal is
dismissed as infructuous.
Sd/-
C.T.RAVIKUMAR
JUDGE
Sd/-
K.HARIPAL
JUDGE
DCS/15.02.2021
APPENDIX
PETITIONER'S/S EXHIBITS:
ANNEXURE A1 TRUE COPY OF THE RESOLUTION NO. XVI DATED
05.11.2020
