Kannur District Ex-Servicemen ... vs The Registrar Of Co-Operative ...
2021 Latest Caselaw 209 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.115 OF 2021(L)


PETITIONER/:

               KANNUR DISTRICT EX-SERVICEMEN MULTI-PURPOSE CO-
               OPERATIVE SOCIETY LTD.NO.C1 1009
               PAYANGADI,PPAYANGADI R.S.POST,KANNUR-670358,
               REPRESENTED BY ITS SECRETARY.

               BY ADV. SRI.M.SASINDRAN

RESPONDENT/:

      1        THE REGISTRAR OF CO-OPERATIVE SOCIETIES (GENERAL)
               THIRUVANANTHAPURAM-695001.

      2        THE JOINT REGISTRAR OF CO-OPERATIVE
               SOCIETIES(GENERAL),
               KANNUR-670001.

      3        RENJI.V.P,
               SENIOR AUDITOR,OFFICE OF THE ASSISTANT DIRECTOR CO-
               OPERATIVE SOCIETIES,KANNUR-670001.

      4        STATE OF KERALA,
               REPRESENTEDBY SECRETARY TO GOVERNMENT,
               CO-OPERATIVE DEPARTMENT,SECRETARIAT,
               THIRUVANANTHAPURAM-695001.


OTHER PRESENT:

               SR.GP SRI.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:
 W.P(C).115/2021
                                    2




                              JUDGMENT

Writ petitioner is a Co-operative Society of Ex-servicemen. The

third respondent has been working as Secretary of the society on

deputation for about 17 years (10 years as the Secretary and remaining

period as the Senior Auditor). As per Ext.P1, post of Chief Executive

has been sanctioned. The society preferred the service of third

respondent for one year period, since the existing employees were yet

not able to cope up with the working of society. Pursuant to Ext.P3,

resolution, Ext.P4 request was made before the Registrar for deputation

of the officer as Chief Executive. Third respondent has consented for

the deputation as evident from Ext.P6. Thereafter, Ext.P5 order was

issued by the Registrar deputing an officer of the society, without

naming the person so appointed. Ext.P8 application was submitted by

the society requesting that the third respondent shall be deputed to the

post of Chief Executive, since they prefer him.

2. It seems that, no orders have been passed on Ext.P8. The

grievance of the petitioner is that, somebody else is expected to be

posted. Having considered the limited prayer sought in the writ

petition, I am inclined to direct the Registrar to take up Ext.P8 as

expeditiously as possible and to pass appropriate orders on it, at any W.P(C).115/2021

rate, within an outer limit of one month from the date of receipt of a

copy of this judgment. In the meanwhile, no other person than the third

respondent shall be appointed to the said post.

Writ Petition is disposed of as above.

Sd/-

                                                SUNIL THOMAS

Sbna                                               JUDGE