Trivandrum Co-Operative ... vs Kerala State Co-Operative ...
2021 Latest Caselaw 6586 Ker

                IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                PRESENT

          THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V

  WEDNESDAY, THE 24TH DAY OF FEBRUARY 2021 / 5TH PHALGUNA, 1942

                        WP(C).No.3329 OF 2021(M)

PETITIONERS :

      1         TRIVANDRUM CO-OPERATIVE DISTRICT WHOLESALE
                SOCIETY LTD.NO.4,
                SASTHAMANGALAM P.O., THIRUVANANTHAPURAM,
                REPRESENTED BY ITS MANAGING DIRECTOR-IN-CHARGE.

      2         THE BOARD OF DIRECTORS OF THE TRIVANDRUM CO-OPERATIVE
                DISTRICT WHOLESALE SOCIETY LTD. NO.4,
                SASTHAMANGALAM P.O., THIRUVANANTHAPURAM,
                REPRESENTED BY ITS PRESIDENT.

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

RESPONDENT/S:

      1         KERALA STATE CO-OPERATIVE ELECTION COMMISSION
                3RD FLOOR, CO-BANK TOWERS,
                VIKAS BHAVAN, THIRUVANANTHAPURAM-695033,
                REPRESENTED BY ITS SECRETARY.

      2         THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES(G),
                D.P.I. JUNCTION,
                THIRUVANANTHAPURAM-695014.

      3         THE ASSISTANT REGISTRAR OF
                CO-OPERATIVE SOCIETIES(G),
                HOUSING BOARD JUNCTION, OOTTUKUZHY,
                THIRUVANANTHAPURAM-695001.


                SRI. LAKSHMI NARAYANAN, STANDING COUNSEL
                R4 BY ADV. K.J.SAJI ISAAC

     THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD           ON
24.02.2021 THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.3329 OF 2021(M)                  2




                                    JUDGMENT

This writ petition is filed seeking the following reliefs:

i) issue a writ of mandamus or any other appropriate

writ, order or direction commanding and compelling the

1st respondent to publish the election notification,

appoint the Electoral officer and Returning Officer for the

conduct of the election on the date and venue fixed as

per Ext.P1 resolution;

2. When this matter was taken up, it was submitted by Sri.R.Lakshmi

Narayanan, the learned Standing Counsel appearing for the Election

Commission that Ext.P2 application was considered by the 1st respondent

and the same was rejected by order dated 15.02.2021. It is further

submitted that the petitioners herein have challenged the said order by

filing W.P.(C) No.4559 of 2021 and the same is pending. He contends that

the relief sought for in this writ petition has become infructuous.

Having regard to the submissions advanced, this writ petition is

closed reserving the right of the petitioners herein to raise all their

contentions in W.P.(C) No.4559 of 2021.

Sd/-

RAJA VIJAYARAGHAVAN V

JUDGE NS

APPENDIX

PETITIONER'S/S EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE RESOLUTION NO.2 DATED 14.01.2021 OF THE 1ST PETITIONER.

EXHIBIT P2 TRUE COPY OF THE APPLICATION NO.

TVM/99/2021 DATED 15/01/2021 FILED BY THE 1ST PETITIONER.

RESPONDENT'S/S EXHIBITS: NIL

/TRUE COPY/

P.A. TO JUDGE