P.I.George vs The Joint Registrar Of ...
2021 Latest Caselaw 3099 Ker

                IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                PRESENT

          THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V

     THURSDAY, THE 28TH DAY OF JANUARY 2021 / 8TH MAGHA, 1942

                        WP(C).No.2135 OF 2021(N)


PETITIONER/S:

                P.I.GEORGE,
                AGED 64 YEARS,
                S/O. ITTEERA, PARAYIL HOUSE, VELAYANAD, KOTTANELLOOR
                P.O., THRISSUR DISTRICT.

                BY ADVS.
                SRI.GEORGE POONTHOTTAM (SR.)
                SMT.NISHA GEORGE
                SRI.ARUN CHANDRAN

RESPONDENT/S:

      1         THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES,
                OFFICE OF THE JOINT REGISTRAR OF CO-OPERATIVE
                SOCIETIES, THRISSUR-680001.

      2         THE DEPUTY REGISTRAR (ADMINISTRATION),
                OFFICE OF THE JOINT REGISTRAR OF CO-OPERATIVE
                SOCIETIES, THRISSUR-680001.




                SMT MABLE C KURIAN, GOVERNMENT PLEADER


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
28.01.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.2135 OF 2021(N)                 2


                             JUDGMENT

The petitioner states that he is a member of the Thumboor Service

Co-operative Bank, a primary Co-operative Society. He was enrolled as a

member in the Society in the year 2009. It is stated that the Society is

presently being administered by the Administrator.

2. Ext.P3 notice has been issued to the petitioner purportedly on

the strength of a complaint filed by Sri.P.V.Mohanan alleging that persons

residing outside the operation of the Society have been given

membership against the provisions of the bye-laws. In the said notice,

the petitioner has been directed to produce the records of his

membership as well as his entitlement and qualification. He has also been

called upon to produce his address details as well as his Aadhar card. On

receipt of Ext.P3, the petitioner appeared before the 1st respondent and

requested that he be furnished with the copy of the complaint lodged by

the aforesaid Mohanan. According to the petitioner, the respondents

refused to furnish the records. He contends that he is in the dark as

regards the nature of the complaint and the accusations against him. He

further states that the attempt is to remove the petitioner from the rolls

of the Society in an illegal manner. It is in the afore circumstances that

he has approached this Court seeking to quash Ext.P3 and for a further

declaration that Ext.P3 is not in tune with Rule 16(4) of the Co-operative

Societies Rules.

3. I have heard Sri. Arun Chandran, the learned counsel appearing

for the petitioner and Smt. Mable C. Kurian, the learned Government

Pleader.

4. Having considered the submissions advanced, I find that by

Ext.P3 notice, the Deputy Registrar has called upon the petitioner to

produce records showing his place of residence and his Aadhar Card. The

grievance of the petitioner appears to be that despite his request, the

complaint lodged by aforesaid Mohanan was not handed over to him. I

am of the view that the request made by the petitioner was legitimate

and he was entitled to a copy of the complaint on the strength of which

Ext.P3 was issued to him.

5. In that view of the matter, I direct the petitioner to appear

before the 2nd respondent on 30.01.2021 as required in Ext.P3. On his

appearance, the 2nd respondent shall furnish a copy of the complaint on

the strength of which Ext.P3 notice was issued. Thereafter, the petitioner

shall be afforded a week's time to produce the records.

With the aforesaid directions, this writ petition is disposed of.

Issue copy today itself.

Sd/-

RAJA VIJAYARAGHAVAN V

JUDGE PS/29.1.21

APPENDIX PETITIONER'S/S EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE INTERIM ORDER DATED 16.8.2019 IN WP(C) NO.22351 OF 2019 PASSED BY THIS HON'BLE COURT.

EXHIBIT P2 TRUE COPY OF THE PROCEEDINGS NO.113/2019 DATED 27.8.2019 ISSUED BY THE ELECTORAL OFFICER AND OBTAINED UNDER THE RIGHT TO INFORMATION ACT, ALONG WITH ORDER DATED 21.5.2019, AS ENCLOSED.

EXHIBIT P3 TRUE COPY OF THE NOTICE NO.C.R.P.4325/2019 DATED 5.1.2021 ISSUED BY THE JOINT REGISTRAR.

EXHIBIT P4 TRUE COPY OF THE LETTER ISSUED BY THE PETITIONER TO THE DEPUTY REGISTRAR (ADMN.) DATED 22.1.2021.

RESPONDENT'S/S EXHIBITS:   NIL



                                  //TRUE COPY//    P.A. TO JUDGE