Mathew Thomas vs Joint Registrar Of Co-Operative ...
2021 Latest Caselaw 14134 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
                THE HONOURABLE MR. JUSTICE AMIT RAWAL
     WEDNESDAY, THE 7TH DAY OF JULY 2021 / 16TH ASHADHA, 1943
                       WP(C) NO. 24692 OF 2014
PETITIONER:

          MATHEW THOMAS
          THEKKEL VEDU, THOPPIPALA P.O, LABBAKKADA, IDUKKI

          BY ADV SRI.P.C.SASIDHARAN



RESPONDENTS:

    1     JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES (GENERAL)
          OFFICE OF THE JOINT REGISTRAR OF CO-OPERATIVE
          SOCIETIES, IDUKKI 685001

    2     THE UPPUTHARA SERVICE CO-OPERATIVE BANK
          LIMITED NO 2985, UPPUTHARA, IDUKKI 685505, RERPESENTED
          BY ITS SECRETARY

          BY ADVS.
          SRI.ASWIN.P.JOHN
          SMT.MERCIAMMA MATHEW
          SRI.V.RENJITH KUMAR
          SRI.THOMAS ABRAHAM



          GP SRI B HARISH KUMAR




     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
07.07.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 24692 OF 2014
                                  2


                            JUDGMENT

Petitioner has approached this Court challenging Ext.P4

whereby monitory benefits given to him have been sought to be

recovered. This Court vide order dated 24.09.2014 granted stay for

a period of one month which was extended until further orders vide

order dated 21.11.2014. The order impugned is assailable under

Section 69 of the Co-operative Societies Act. This writ petition is

accordingly not maintainable as the disputed questions of fact are

involved which can be adjudicated only by availment of alternate

remedy. Accordingly, the petitioner is relegated to avail the remedy

under Section 69 of the Kerala Co-operative Societies Act within a

period of 45 days from the date of receipt of certified copy of this

judgment. The interim orders dated 24.09.2014 and 21.11.2014 are

ordered to be continued till the availment of remedy within 45

days. Thereafter petitioner shall be at liberty to seek fresh interim

order in accordance with law. Writ petition is disposed of.

Sd/-

AMIT RAWAL JUDGE nak WP(C) NO. 24692 OF 2014

APPENDIX OF WP(C) 24692/2014

PETITIONER ANNEXURE

EXHIBIT P1 TRUE COPY OF THE RELIEVING ORDER ISSUED BY THE 2ND RESPONDENT DATED 28-02-2011

EXHIBIT P2 TRUE COPY OF THE SUMMONS ISSUED BY THE ENQUIRY OFFICER DATED 11-01-2013

EXHIBIT P3 TRUE COPY OF THE EXPLANATION SUBMITTED BY THE PETITIONER

EXHIBIT P4 TRUE COPY OF THE LETTER ISSUED BY THE 2ND RESPONDENT DATED 20-05-2014

EXHIBIT P5 TRUE COPY OF THE LETTER ISSUED BY THE IST RESPONDENT DATED 02-05-2014