E.J.Augusthy vs Kerala State Co-Operative ...
2021 Latest Caselaw 13954 Ker

          IN THE HIGH COURT OF KERALA AT ERNAKULAM
                           PRESENT
        THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
    TUESDAY, THE 6TH DAY OF JULY 2021 / 15TH ASHADHA, 1943
                   WP(C) NO. 10317 OF 2021
PETITIONER:

          E.J.AUGUSTHY,
          AGED 78 YEARS,
          CONVENER, ADMINISTRATIVE COMMITTEE, MEENACHIL
          PRIMARY AGRICULTURAL RURAL DEVELOPMENT BANK LTD.
          NO. K-197, MEENACHIL, PALA,
          KOTTAYAM DISTRICT-686 577.
          BY ADVS.
          GEORGE POONTHOTTAM (SR.)
          SRI.K.C.VINCENT
          SMT.NISHA GEORGE

RESPONDENTS:

    1     KERALA STATE CO-OPERATIVE ELECTION COMMISSION,
          REPRESENTED BY ITS ELECTION COMMISSIONER,
          3RD FLOOR, CO-BANK TOWERS, VIKAS BHAVAN P.O,
          THIRUVANANTHAPURAM-695 033.
    2     THE DISTRICT COLLECTOR AND CHAIRPERSON,
          DISTRICT DISASTER MANAGEMENT AUTHORITY,
          COLLECTORATE P.O, KOTTAYAM-686 002.
    3     THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES
          (GENERAL),
          KOTTAYAM-686 001.
    4     THE ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES
          (GENERAL),
          MEENACHIL, PALA, KOTTAYAM DISTRICT-686 577.
    5     THE RETURNING OFFICER,
          MEENACHIL PRIMARY AGRICULTURAL DEVELOPMENT BANK
          LTD. NO. K. 197, MEENACHIL, PALA,
          KOTTAYAM DISTRICT-686 577

          R1 and R5 BY STANDING COUNSEL

           R2-4 BY SMT.SHEEJA C.S., GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
06.07.2021, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
 W.P.(C) No.10317 OF 2021

                                    2




                    P.V.KUNHIKRISHNAN, J
              -------------------------------
                  W.P.(C)No.10317 of 2021
             --------------------------------
                             JUDGMENT

Dated this the 6th day of July 2021

This writ petition is filed with

following prayers:

i. Issue a writ of certiorari calling for

the records leading to Exhibit P9 and to

quash the same.

ii. Issue a writ declaring that the

direction contained in Exhibit P9 is

ignoring the orders issued declaring several

of the areas within the area of operation of

the society as containment or micro

containment zones and therefore Exhibit P9

is vitiated.

iii. Grant such other reliefs as this Court

deems fit in the facts and circumstances.

When this writ petition came up for

consideration on 23-04-2021, this Court passed W.P.(C) No.10317 OF 2021

the following:

'Admit.

Standing Counsel takes notice for

respondents 1 and 5. Government Pleader

takes notice for respondents 2 to 4. In

light of Exts. P7 and P11, the conduct of

election as per Ext. P9 is very difficult.

In light of the pandemic situation, an

order can be passed deferring the election

till 17-5-2021. Therefore, all further

proceedings in Ext.P9 is stayed till

17-5-2021'.

2. The writ petition is filed challenging

Ext.P9 order. Ext.P9 is an order issued by the

Assistant Registrar (General), scheduling an

election on 25-04-2021. In the light of the interim

order, the election was not conducted. The 2nd

prayer is only a consequential prayer based on the

first prayer. Therefore, the writ petitions is

infructuous. If there is any fresh cause of action

to the petitioner, the petitioner is free to file a W.P.(C) No.10317 OF 2021

fresh writ petition. With the liberty to file a

fresh writ petition if there is any fresh cause of

action, this writ petition can be closed.

Therefore the writ petition, is closed.

Sd/-

P.V.KUNHIKRISHNAN JUDGE

SSK/06/07 W.P.(C) No.10317 OF 2021

APPENDIX PETITIONER'S EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE ORDER NO. JRGKTM/2191/2020-

CRB DATED 03.11.2020.

EXHIBIT P2 TRUE COPY OF THE ORDER NO. JRGKTM/2191/2020-

CRB DATED 11.11.2020 ISSUED BY THE JOINT REGISTRAR.

EXHIBIT P3 TRUE COPY OF THE JUDGMENT DATED 17.12.2020 IN W.P.C NO. 25091/2020 PASSED BY THIS HON'BLE COURT.

EXHIBIT P4 TRUE COPY OF THE JUDGMENT DATED 22.01.2021 IN W.A. NO. 1749/2020 PASSED BY THIS HON'BLE COURT.

EXHIBIT P5 TRUE COPY OF THE ORDER NO. JRGKTM/2191/2020-

CRB DATED 23.12.2020 ISSUED BY THE JOINT REGISTRAR.

EXHIBIT P6 TRUE COPY OF THE ELECTION NOTIFICATION BEARING NO. 01/275/2021/E(2) S.C.E.C DATED 25.02.2021 ALONG WITH ORDER ISSUED BY THE 1ST RESPONDENT.

EXHIBIT P7 TRUE COPY OF THE ORDER NO.

DCKTM/2717/2020/DM1 DATED 17.04.2021 ISSUED BY THE 2ND RESPONDENT.

EXHIBIT P8 TRUE COPY OF THE NOTICE PUBLISHED BY THE RETURNING OFFICER IN THE NOTICE BOARD OF THE SOCIETY DATED 18.04.2021.

EXHIBIT P9 TRUE COPY OF THE COMMUNICATION NO. G 508/2021 DATED 20.04.2021 ISSUED BY THE 4TH RESPONDENT.

EXHIBIT P10 TRUE COPY OF THE RESOLUTION ADOPTED ON 21.04.2021 BY THE ADMINISTRATIVE COMMITTEE OF THE BANK.

EXHIBIT P11 TRUE COPY OF THE GOVERNMENT ORDER BEARING G.O(RT) NO. 378/2021/DMD DATED 21.04.2021.

RESPONDENT'S EXHIBITS:NIL

SSK //TRUE COPY// PA TO JUDGE