Sunilkumar Nair vs State Of Kerala
2021 Latest Caselaw 189 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                  PRESENT

               THE HONOURABLE MR. JUSTICE SUNIL THOMAS

    TUESDAY, THE 05TH DAY OF JANUARY 2021 / 15TH POUSHA, 1942

                       WP(C).No.5649 OF 2020(E)


PETITIONER:

               SUNILKUMAR NAIR
               AGED 42 YEARS,
               S/O. BHASKARAN NAIR,
               POOVATHUMMOOTTIL HOUSE,
               PULLAD P O, VARAYANNUR,
               PATHANAMTHITTA,
               PIN-689548,
               NOW RESIDING AT
               FLAT NO.2, TF KANHAIYA ARCADE- 1,
               VYANKATESH CITY-2,
               BESA-NAGPUR-440027
               HOLDER OF ADHAR CARD NO.596121268574,
               REPRESENTED BY POWER OF ATTORNEY HOLDER
               SANTOSH KUMAR C S,
               AGED 36 YEARS,
               S/O. LATE SOMASEKHARAN NAIR,
               VANDANATHU HOUSE,
               PULLAD P O,
               KOIPURAM,
               PATHANAMTHITTA DISTRICT,
               PIN-689548.
               AADHAR CARD NO. 475205113489.

               BY ADVS.
               SRI.C.S.MANU
               SHRI.S.K.PREMRAJ

RESPONDENTS:

      1        STATE OF KERALA
               REPRESENTED BY SECRETARY,
               DEPARTMENT OF CO-OPERATIVE SOCIETIES,
               GOVERNMENT SECRETARIAT,
               THIRUVANANTHAPURAM,
               PIN-695001.

      2        JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES,
               PATHANAMTHITTA-689101.

      3        ANCY KURUVILLA
               AGED 49 YEARS,
 WP(C).No.5649 OF 2020

                                  2

               W/O. SAJAN MATHEW,
               SECRETARY, PULLAD SERVICE CO-OPERATIVE BANK
               LIMITED, NO.1375,
               PULLAD, PATHANAMTHITTA DISTRICT,
               PIN-689548,
               NOW RESIDING AT NEDUVELIL HOUSE,
               MARAMON P O,
               PATHANAMTHITTA.

       4       PULLAD SERVICE CO-OPERATIVE BANK LIMITED,
               NO.1375,
               PULLAD,
               PATHANMATHITTA DISTRICT,
               PIN-689548,
               REPRESENTED BY ITS SECRETARY.

               R3-4 BY ADV. SRI.K.V.SADANANDA PRABHU

               SR.GP K.P HARISH

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
05.01.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.5649 OF 2020

                                     3




                               JUDGMENT

Dated this the 5th day of January 2021.

The service is complete.

Heard the learned counsel for the writ

petitioner and the learned Government Pleader.

The grievance of the petitioner is that,

proceedings under Section 68 of the Co-operative

societies Act has not been initiated against the

secretary of the Pullad Service Co-operative

Bank, in spite of submission of Exhibit P4.

Considering the limited prayer sought by the

petitioner herein, I am inclined to dispose of

the writ petition itself with a direction to the

second respondent to pass appropriate orders in

accordance with law on Exhibit P4 as

expeditiously as possible, at any rate, within

two months from the date of production of a copy WP(C).No.5649 OF 2020

of this judgment, untrammelled by any observation

made by this Court.

Sd/-

SUNIL THOMAS JUDGE

Jms

//True Copy// P.A to Judge WP(C).No.5649 OF 2020

APPENDIX PETITIONER'S EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE ENQUIRY REPORT SUBMITTED BY THE OFFICE OF THE ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES (GENERAL) THIRUVALLA, PATHANAMTHITTA UNDER SECTION 66 OF THE KERALA CO-OPERATIVE SOCIETIES ACT, 1969.

EXHIBIT P2-(8NOS) TRUE COPY OF THE RECEIPTS DATED 23.07.2016 (8 NOS) OBTAINED UNDER THE RIGHT TO INFORMATION ACT.

EXHIBIT P3 TRUE COPY OF THE REPLY LETTER BEARING NO.

CRP(2) 4346/19 DATED 2-12-2019 ISSUED BY THE STATE PUBLIC INFORMATION OFFICER/DEPUTY REGISTRAR (ADMINISTRATION) OFFICE OF THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES(J), PATHANAMTHITTA TO MR.VINU V PILLA, MELEVEETTIL NARANGANAM, KATTOOR, PATHANAMTHITA.

EXHIBIT P4 TRUE COPY OF THE DETAILED REPRESENTATION DATED 25.1.2020 SUBMITTED BY THE PETITIONER TO THE 2ND RESPONDENT.

EXHIBIT P4(a) TRUE COPY OF THE POSTAL RECEIPT DATED 25.01.2020 ISSUED BY THE SPEED POST CENTER, ERNAKULAM FOR HAVING SENT EXT P-4 BY THE PETITIONER TO THE RESPONDENT.

//True Copy// P.A to Judge