Secretary vs Gopalakrishnan A.V
2021 Latest Caselaw 5212 Ker

               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.1697 OF 2020

   AGAINST THE JUDGMENT IN WP(C) 25548/2020(P) OF HIGH COURT OF
                              KERALA

APPELLANT:

               SECRETARY, RAMANATTUKARA RURAL HOUSING CO-OPERATIVE
               SOCIETY LIMITED NO-2300
               RAMANATTUKARA P.O.,
               KOZHIKODE DISTRICT,
               PIN - 673 633.

               BY ADVS.
               SRI.R.SUDHISH
               SMT.M.MANJU
               SMT.MANJU KRISHNAN

RESPONDENTS:

      1        GOPALAKRISHNAN A.V.,
               AGED 70 YEARS,
               S/O.ACHUTHANKURUP,
               SREERANJINI,
               VAIDYARANGADI,
               RAMANATTUKARA P.O.,
               KOZHIKODE -673 633.

      2        THE PRESIDENT, RAMANATTUKARA RURAL HOUSING CO-
               OPERATIVE SOCIETY LIMITED
               NO.D-2300,
               RAMANATTUKARA P.O.,
               KOZHIKODE DISTRICT,
               PIN - 673 633.

      3        THE ASSISTANT REGISTRAR
               CO-OPERATIVE SOCIETIES (GENERAL),
               KOZHIKODE - 673001.

      4        THE JOINT REGISTRAR
               CO-OPERATIVE SOCIETIES (GENERAL),
               KOZHIKODE - 673 001.
 WA.No.1697 OF 2020           2


             R1 BY ADVS. SRI.P.V.ANOOP
                         SRI.PHIJO PRADEESH PHILIP
                         SRI.M.P.PRIYESHKUMAR
                         SRI.K.V.SREERAJ
             R3 & R4 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.1697 OF 2020                3




                               JUDGMENT

Ravikumar, J.

This appeal is filed against the judgment dated 20.11.2020

in W.P.(C.) No. 25548/2020. As per the impugned judgment, the

learned Single Judge directed the third respondent to issue the

Form 12 certificate as requested by the petitioner in Ext.P8

application, within the time stipulated thereunder. Evidently, it is

feeling aggrieved by the said direction that this appeal has been

preferred by the second respondent in the said writ petition.

2. Today, when the matter is taken up for consideration,

the learned Government Pleader on instructions submitted that in

compliance with the directions in the impugned judgment Form

12 certificate as requested by the writ petitioner and as directed

to be issued as per the impugned judgment, was already issued.

The learned counsel appearing for the appellant thereupon

submitted that in such circumstances, the appeal has become

infructuous and can be dismissed on that ground.

Hence, recording the aforesaid submission and also the

factum of issuance of Form 12 certificate to the first respondent

herein/the writ petitioner, 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 COPY OF THE PLAINT IN A.R.C.NO.2352 OF 2019 FILED BY THE SECRETARY OF THE SOCIETY AGAINST PRASANNAKUMARI BEFORE THE ASSISTANT REGISTRAR, KOZHIKODE.

ANNEXURE A2 COPY OF THE REVISION R.P.NO.34 OF 2019 DATED 20/5/2019 BEFORE THE KERALA CO- OPERATIVE TRIBUNAL, THIRUVANANTHAPURAM.