Sarath Babu vs The Kozhikode City Police ...
2021 Latest Caselaw 800 Ker

            IN THE HIGH COURT OF KERALA AT ERNAKULAM

                             PRESENT

            THE HONOURABLE MR. JUSTICE SUNIL THOMAS

     FRIDAY, THE 08TH DAY OF JANUARY 2021 / 18TH POUSHA, 1942

                       WP(C).No.515 OF 2021

PETITIONER/S:

             SARATH BABU
             M.NO.6177, KOZHIKODE CITY POLICE EMPLOYEES CO-
             OPERATIVE SOCIETY LTD.NO.F 963, PAVAMANI ROAD,
             KOZHIKODE, S/O.SEKHARAN NAIR, AGED 45 YEARS,
             RESIDING AT KOZHIPLAKKAL, MANASSERY, MUKKOM,
             KOZHIKODE.

             BY ADVS.
             SRI.P.P.JACOB
             SMT.MARIYAM JACOB

RESPONDENT/S:

      1      THE KOZHIKODE CITY POLICE EMPLOYEES CO-OPERATIVE
             SOCIETY LTD NO. F 963, PAVAMANI ROAD,
             KOZHIKODE-673001,
             REPRESENTED BY ITS HONORARY SECRETARY.

      2      THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES (G),
             KOZHIKODE, OFFICE OF THE JOINT REGISTRAR OF CO-
             OPERATIVE SOCIETIES, PUTHIYARA, KOZHIKODE-673004.

      3      THE ADMINISTRATIVE COMMITTEE,
             KOZHIKODE CITY POLICE EMPLOYEES CO-OPERATIVE
             SOCIETY LTD.NO.F 963, PAVAMANI ROAD,
             KOZHIKODE-673001, REPRESENTED BY ITS CONVENER.

      4      THE ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES
             (G), KOZHIKODE, OFFICE OF THE ASSISTANT REGISTRAR OF
             CO-OPERATIVE SOCIETIES, PUTHIYARA,
             OZHIKODE-673004.




             R1TO R4 SR.GP-SRI.HARISH

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
08.01.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.515 OF 2021
                                          2




                               JUDGMENT

The grievance of the petitioner herein is that the

Joint Registrar has not acted in accordance with the

spirit of Ext.P12 judgment. This court by Ext.P12

judgment, had directed that an administrative

committee shall be appointed by the Joint Registrar of

Co-operative Societies, taking into the fact that the

society was an Employees Primary Credit Co-operative

Society with members as police officers and the

President of committee is the City Police Commissioner.

It was further added that if there were no other legal

impediments standing in the way, the proposal

suggested by the petitioner, to appoint the

administrative committee with the City Police

Commissioner and two other members will be

considered and a decision taken at the earliest.

Accordingly, Ext.P14 proceedings have been issued by

which an administrative committee was constituted WP(C).No.515 OF 2021

with the City Police Commissioner as the convener and

two other members as the members.

2. The Writ Petition is filed by the petitioner

contending that, the court intended that two members

of the erstwhile managing committee ought to have

been the members of the administrative committee.

On the other hand, the Joint Registrar has

recommended two persons of his choice as members.

3. I am not attracted by the above contention.

There is no such direction regarding the persons who

ought to be the members. It seems that Ext.P14 has

been passed strictly in accordance with the spirit of

Ext.P12. I find no reason to interfere. Writ Petition is

accordingly disposed of.

Sd/-

SUNIL THOMAS, JUDGE

R.AV WP(C).No.515 OF 2021

APPENDIX

PETITIONER'S/S EXHIBITS:

EXHIBIT P1 TRUE PHOTOCOPY OF THE ACKNOWLEDGMENT OF THE ONLINE APPLICATION DATED 11.07.2020.

EXHIBIT P2 TRUE PHOTOCOPY OF THE PHYSICAL APPLICATION WITH RESOLUTION WITH PROPOSAL DATED 12.10.2020.

EXHIBIT P3 TRUE PHOTOCOPY OF THE LETTER ISSUED BY THE 4TH RESPONDENT DATED 20.10.2020.

EXHIBIT P4 TRUE PHOTOCOPY OF THE REPLY SUBMITTED BY THE SOCIETY TO THE ASSISTANT REGISTRAR DATED 28.10.2020.

EXHIBIT P5 TRUE PHOTOCOPY OF THE JUDGMENT IN W.P.(C)23431/20 DATED 17.11.2020.

EXHIBIT P6 TRUE PHOTOCOPY OF THE COVERING LETTER WITH DATED 26.11.2020.

EXHIBIT P7 TRUE PHOTOCOPY OF THE ORDER IN W.A.NO.1601/20 DATED 22.12.2020.

EXHIBIT P8 TRUE PHOTOCOPY OF THE REPRESENTATION WITHOUT ANNEXURES DATED NIL.

EXHIBIT P9 TRUE PHOTOCOPY OF THE REPRESENTATION SUBMITTED TO THE SECOND RESPONDENT DATED 24.12.2020 BY THE SOCIETY.

EXHIBIT P10 TRUE PHOTOCOPY OF THE REPRESENTATION SUBMITTED TO THE ASSISTANT REGISTRAR DATED 24.12.2020 BY THE SOCIETY.

EXHIBIT P11 TRUE PHOTOCOPY OF THE IMPLEADING PETITION FILED IN W.P.(C) 28176/2020 DATED 19.12.2020.

WP(C).No.515 OF 2021

EXHIBIT P12 TRUE PHOTOCOPY OF THE JUDGMENT IN W.P.(C) 28176/2020 DATED 29.12.2020.

EXHIBIT P13 TRUE PHOTOCOPY OF THE REPRESENTATION RESOLUTION WITH DOCUMENT DATED 30.12.2020.

EXHIBIT P14 TRUE PHOTOCOPY OF THE ORDER OF THE JOINT REGISTRAR DATED 01.01.2020.

    RESPONDENT'S/S EXHIBITS          NIL