President vs State Of Kerala
2021 Latest Caselaw 6615 Ker

            IN THE HIGH COURT OF KERALA AT ERNAKULAM

                            PRESENT

            THE HONOURABLE MR. JUSTICE SUNIL THOMAS

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

                    WP(C).No.3836 OF 2021(D)


PETITIONER/S:

            PRESIDENT, ELAMPAL SERVICE CO-OPERATIVE BANK LTD.,
            ENO.604, ELAMPAL P.O., PUNALUR,
            KOLLAM DISTRICT 691 322

            BY ADVS.
            SRI.M.R.ANISON
            SMT.V.BHARGAVI (PANANGAD)
            SMT.P.A.RINUSA

RESPONDENT/S:

      1     STATE OF KERALA
            REPRESENTED BY ITS SECRETARY TO GOVERNMENT,
            DEPARTMENT OF CO-OPERATION,
            GOVERNMENT SECRETARIAT,
            THIRUVANANTHAPURAM 695 001.

      2     DIRECTOR OF CO-OPERATIVE AUDIT
            JAWAHAR SAHAKARANA BHAVAN, JAGATHY,
            THYCAUD P.O., THIRUVANANTHAPURAM 695 014.

      3     JOINT DIRECTOR OF CO-OPRATIVE AUDIT
            OFFICE OF THE JOINT DIRECTOR OF CO-OPERATIVE AUDIT,
            CIVIL STATION, KOLLAM 691 013.




            SR.GP BIMAL K NATH

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
24.02.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.3836 OF 2021(D)
                               2




                         JUDGMENT

The annual general meeting of the Society, which

met on 31.12.2020 had authorised the managing

committee to request and to obtain the service of an

Additional Director of Co-operative Society as the

concurrent auditor of the Bank. Accordingly, Ext.P8

application was submitted along with the requisite fees.

The grievance of the petitioner Society is that even

though the application was preferred on 15.01.2021,

no decision has been taken till now.

2. When the matter was taken up, the learned

senior Government Pleader on instruction submitted

that the application was defective. The defects were

pointed out to the Society. They have later cured the

defects and presently defect free applications were

forwarded to the second respondent- Director. He is

the competent authority, who is expected to take a WP(C).No.3836 OF 2021(D)

decision.

3. In the light of the above submission, I am

inclined to dispose of the Writ Petition itself, directing

the second respondent to pass final orders on Ext.P8 in

accordance with law, as expeditiously as possible, at

any rate, within a period of one month from the date of

receipt of a copy of this judgment.

Writ Petition is disposed of accordingly.

Sd/-

SUNIL THOMAS, JUDGE

R.AV WP(C).No.3836 OF 2021(D)

APPENDIX

PETITIONER'S/S EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE AUDIT CERTIFICATE AND RELEVANT PAGES OF THE AUDIT MEMORANDUM OF THE BANK FOR THE YEAR 2018-2019 DATED 30.9.2019

EXHIBIT P2 TRUE COPY OF THE ORDER BEARING NO.CRP(2)9699/15/K.DIS DATED 25.2.2016 OF THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES, KOLLAM.

EXHIBIT P3 TRUE COPY OF ORDER BEARING NO.523/2020/K.DIS DATED 18.9.2020 OF THE DIRECTOR OF CO-OPERATIVE AUDIT.

EXHIBIT P4 TRUE COPY OF THE RESOLUTION OF THE GENERAL BODY MEETING HELD ON 31.12.2020

EXHIBIT P5 TRUE COPY OF THE RESOLUTION NO.2110 DATED 14.1.2021 OF BOARD OF DIRECTORS OF THE BANK

EXHIBIT P6 TRUE COPY OF CHALAN FOR RS.4.27,380/- DATED 21.1.2021 EVIDENCING THE REMITTANCE OF THE AMOUNT.

EXHIBIT P7 TRUE COPY OF CHALAN FOR RS.86,850/-

DATED 20.1.2021 EVIDENCING THE REMITTANCE OF THE AMOUNT.

EXHIBIT P8 TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE BANK BEFORE THE 2ND RESPONDENT DATED 15.1.2021.

   RESPONDENT'S/S EXHIBITS          NIL