A.Subhina vs The Joint Registrar Co-Operative ...
2021 Latest Caselaw 13565 Ker

                     IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                         PRESENT
                      THE HONOURABLE MR. JUSTICE AMIT RAWAL
                              ST
            THURSDAY, THE 1        DAY OF JULY 2021 / 10TH ASHADHA, 1943
                               WP(C) NO. 11159 OF 2015
PETITIONER/S:

                  A.SUBHINA
                  W/O. K.G. GIREESHKUMAR, SALES ASSISTANT, NEETHI STORE,
                  THIRUVANCHOOR SERVICE CO-OP. BANK, THIRUVANCHOOR-686019,
                  KOTTAYAM DISTRICT.

                  BY ADV SRI.V.RAJENDRAN



RESPONDENT/S:

       1          THE JOINT REGISTRAR CO-OPERATIVE SOCIETIES
                  KOTTAYAM, P.O. CIVIL STATION, KOTTAYAM-686002.

       2          THIRUVANCHOOR SERVICE CO-OP. BANK LTD. NO. 1942
                  P.O. THIRUVANCHOOR-686019, REPRESSENTED BY THE SECRETARY.

                  BY ADV SRI.P.C.SASIDHARAN



OTHER PRESENT:

                  GP SRI B HARISH KUMAR



THIS       WRIT   PETITION    (CIVIL)     HAVING   COME   UP   FOR   ADMISSION   ON
01.07.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 11159 OF 2015

                              JUDGMENT

The petitioner has approached this Court seeking the

following reliefs:

a. call for the records leading to Ext.P3 and quash the same by the issue of a writ in the nature of certiorari or other appropriate writ, order or direction.

b. declare that the petitioner is entitled to remain in service in the Neethi Store run by the 2 nd respondent and direct the 2nd respondent by the issue of a writ in the nature of mandamus or other appropriate writ, order or direction to retain her in service of the Neethi Store;

1.c. direct the 1st respondent by the issue of a writ in the nature of mandamus or other writ, order or direction to consider Ext.P4 representation and pass appropriate orders in accordance with law.

2. This Court while admitting the writ petition had passed

the interim direction to the first respondent to consider Ext.P4

representation with notice to the petitioner and the second

respondent within a period of two weeks. No information has

been supplied to this Court. There was no interim order with

regard to the challenge of termination order. Even otherwise,

there is an alternative remedy to challenge the same under

Section 69 of the Kerala Co-operative Societies Rules.

This Court cannot examine the veracity of the termination

order by exercising the power of judicial review under Article WP(C) NO. 11159 OF 2015

226 of the constitution of India. The petitioner is relegated to

avail the remedy, if so advised. In case the petitioner avails the

remedy within a period of 45 days from the date of receipt of a

certified copy of this judgment, the objection qua the limitation

would not be taken.

SD/-

sab                                        AMIT RAWAL
                                              JUDGE
 WP(C) NO. 11159 OF 2015

                  APPENDIX OF WP(C) 11159/2015

PETITIONER ANNEXURE

                                            EXT.P1. TRUE   COPY OF THE
                                            ORDER NO. CS   (2) 39539/07
                                            DATED 4-2-11   OF THE
                                            REGISTRAR OF   CO-OP
                                            SOCIETIES.

                                            EXT.P2. TRUE COPY OF THE
                                            ORDER DATED 26-2-2014 OF
                                            THE 2ND RESPONDENT.

                                            EXT.P3. TRUE COPY OF THE
                                            ORDER DATED 26-3-2015 OF
                                            THE 2ND RESPONDENT.

                                            EXT.P4. TRUE COPY OF THE
                                            REPRESENTATION DATED 31-
                                            3-2015 SUBMITTED BY THE
                                            PETITIONER TO THE 1ST
                                            RESPONDENT.