Kerala High Court
Kodencherry Service ... vs Joint Registrar on 16 July, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
FRIDAY, THE 16TH DAY OF JULY 2021 / 25TH ASHADHA, 1943
WP(C) NO. 18133 OF 2012
PETITIONER/S:
KODENCHERRY SERVICE CO-OPERATIVE BANK LTD.NO.F 1762
P.O.KODENCHERRY, KOZHIKODE, PIN - 673580,
REPRESENTED BY ITS SECRETARY.
BY ADV SRI.P.P.JACOB
RESPONDENT/S:
1 JOINT REGISTRAR
KOZHIKODE - 673004.
2 K.U.SUNNY KARIKOMBIL HOUSE
KODENCHERRY P.O.
PIN - 673580.
BY ADVS.
GOVERNMENT PLEADER
SRI.N.K.SUBRAMANIAN
SRI.S.ANANTHAKRISHNAN
SRI.N.K.SUBRAMANIAN
SMT. SHEEJA C.S. GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
16.07.2021, ALONG WITH WP(C).18379/2012, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
WP(C) Nos. 18133 and 18379 OF 2012
2
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
FRIDAY, THE 16TH DAY OF JULY 2021 / 25TH ASHADHA, 1943
WP(C) NO. 18379 OF 2012
PETITIONER/S:
1 PETER ANTONY
AGED 37 YEARS
KALATHOZHUTHINKAL, KODENCHERRY, KOZHIKODE
2 SATHYAN T.P
THAMMARAPPILLIL HOUSE, KANNOTH, KODENCHERRY,
KOZHIKODE
3 SAJEEV A.U
ALAKKAL HOUSE, CHEMPUKAVU, KODENCHERRY, KOZHIKODE
4 P.T.JOSE
PARAKUNNEL, MEEMUTTY, KODENCHERRY, KOZHIKODE
5 M.A.MAYIN ONAMVAYALIL
NOORAMTHODE, KODENCHERRY, KOZHIKODE
BY ADV SRI.P.N.MOHANAN
RESPONDENT/S:
1 JOINT REGISTRAR
OF CO-OPERATIVE SOCIETIES(G),KOZHIKODE,
PUTHIHYARA, KOZHIKODE-673004
2 THE KODENCHERRY SERVICE CO OP.BANK LTD NO F 1762
P.O.KODENCHERRY
KOZHIKODE, PIN-673580, ,REP.BY ITS SECRETARY
WP(C) Nos. 18133 and 18379 OF 2012
3
3 ADDL. K.U.SUNNY
S/O. ULAHANNAN, KARIKOMBIL HOUSE, POST
KODANCHERRY - 673 580, KOZHIKODE DISTRICT, MEMBER
NO.5761.
(ADDL. R3 IS IMPLEADED VIDE ORDER DATED
14.08.2012 IN I.A. NO. 11238/2012.)
BY ADVS.
SRI.S.ANANTHAKRISHNAN
SRI.P.P.JACOB
SRI.N.K.SUBRAMANIAN
SMT. SHEEJA C.S. GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 16.07.2021, ALONG WITH WP(C).18133/2012, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) Nos. 18133 and 18379 OF 2012
4
P.V.KUNHIKRISHNAN, J.
===================
WP(C) Nos. 18133 and 18379 OF 2012
===================
Dated this the 16th day of July 2021
JUDGMENT
The learned counsel for the petitioners submitted that,
the matter is infructuous. Therefore, the writ petition is
dismissed as infructuous.
(Sd/-)
P.V.KUNHIKRISHNAN
JUDGE
LU
WP(C) Nos. 18133 and 18379 OF 2012
APPENDIX OF WP(C) NO. 18133/2012
PETITIONER ANNEXURE
EXHIBIT P1 TRUE PHOTOCOPY OF THE JUDGMENT IN
WPC NO. 2775/2011 DATED 27.01.2011.
EXHIBIT P2 TRUE PHOTOCOPY OF THE JUDGMENT IN
WPC NO. 5316/2011 DATED 03.03.2011.
EXHIBIT P3 TRUE PHOTOCOPY OF THE PETITION FILED
BY SECOND RESPONDENT BEFORE THE
FIRST RESPONDENT DATED 16.03.2012
EXHIBIT P4 TRUE PHOTOCOPY OF THE BYELAW CLAUSE
6,7,8 AND PAGE NO. 7 OF THE BYELAW
OF THE PETITIONER.
EXHIBIT P5 TRUE COPY OF THE OBJECTION FILED BY
THE PETITIONER BEFORE THE FIRST
RESPONDENT DATED 04.06.2012.
EXHIBIT P6 TRUE PHOTOCOPY OF THE ORDER ISSUED
BY THE FIRST RESPONDENT DATED
30.07.2012.
EXHIBIT P7 TRUE PHOTOCOPY OF THE RELEVANT
PORTION OF THE BYELAW OF THE
PETITIONER, PAGES 1 TO 5.
EXHIBIT P8 TRUE PHOTOCOPY OF THE VOUCHER ISSUED
BY THE PETITIONER SOCIETY DATED
12.02.2007.
EXHIBIT P9 TRUE PHOTOCOPY OF THE VOUCHER ISSUED
BY THE PETITIONER SOCIETY DATED
20.02.2007.
EXHIBIT P10 TRUE PHOTOCOPY OF THE RECEIPT ISSUED
BY THE PETITIONER SOCIETY DATED
WP(C) Nos. 18133 and 18379 OF 2012
02.01.2008.
EXHIBIT P11 TRUE PHOTOCOPY OF THE RECEIPT ISSUED
BY THE PETITIONER SOCIETY DATED
07.01.2008.
EXHIBIT P12 TRUE PHOTOCOPY OF THE RELEVANT
PORTION OF THE MEMBERSHIP REGISTER
OF THE PETITIONER, PAGES 60,101.
EXHIBIT P13 TRUE PHOTOCOPY OF THE APPLICATION
SUBMITTED BY ARUN T.K. DATED
05.01.2008.
EXHIBIT P14 TRUE PHOTOCOPY OF THE APPLICATION
SUBMITTED BY ABDULLA DATED
05.01.2008
EXHIBIT P15 TRUE PHOTOCOPY OF THE RELEVANT PAGES
(66,114,115,& 116) OF THE MINUTES
BOOK OF THE PETITIONER.
RESPONDENTS EXHIBITS
EXHIBITS R2(a) TRUE COPY OF G.O(RT.) NO.
30/2012/CO-OP. DATED 16.01.2012
EXHIBITS R2(b) TRUE COPY OF RELEVANT PORTION OF THE
BYELAW CL.6,7,& 8
EXHIBITS R2(c ) TRUE COPY OF CIRCULAR 11/72 DATED
22.02.1972.
WP(C) Nos. 18133 and 18379 OF 2012
APPENDIX OF WP(C) NO. 18379/2012
PETITIONER ANNEXURE
EXHIBIT P1 TRUE PHOTOCOPY OF THE ORDER IN
PROCEEDINGS ISSUED BY THE FIRST
RESPONDENT DATED 30.07.2012
EXHIBIT P2 TRUE PHOTOCOPY OF THE RELEVANT
PORTION OF THE BYELAW OF THE 2ND
RESPONDENT, PAGES 1 TO 8.
EXHIBIT P3 TRUE PHOTOCOPY OF THE RECEIPT ISSUED
BY THE 2ND RESPONDENT SOCIETY DATED
02.01.2008 SHOWING THE ACCEPTANCE OF
ENTRANCE FEE AND MEMBERSHIP FEE OF
THE FIRST PETITIONER.
EXHIBIT P3(a) TRUE PHOTOCOPY OF THE RECEIPT ISSUED
BY THE 2ND RESPONDENT SOCIETY DATED
03.01.2008 SHOWING THE ACCEPTANCE OF
ENTRANCE FEE AND MEMBERSHIP FEE OF
THE SECOND PETITIONER.
EXHIBIT P3(b) TRUE PHOTOCOPY OF THE RECEIPT ISSUED
BY THE 2ND RESPONDENT SOCIETY DATED
03.01.2008 SHOWING THE ACCEPTANCE OF
ENTRANCE FEE AND MEMBERSHIP FEE OF
THE THIRD PETITIONER.
EXHIBIT P3(c) TRUE PHOTOCOPY OF THE RECEIPT ISSUED
BY THE 2ND RESPONDENT SOCIETY DATED
04.01.2008 SHOWING THE ACCEPTANCE OF
ENTRANCE FEE AND MEMBERSHIP FEE OF
THE FOURTH PETITIONER.
EXHIBIT P3(d) TRUE PHOTOCOPY OF THE RECEIPT ISSUED
BY THE 2ND RESPONDENT SOCIETY DATED
05.01.2008 SHOWING THE ACCEPTANCE OF
ENTRANCE FEE AND MEMBERSHIP FEE OF
WP(C) Nos. 18133 and 18379 OF 2012
THE FIFTH PETITIONER.
EXHIBIT P4 TRUE PHOTOCOPY OF THE RECEIPT ISSUED
BY THE 2ND RESPONDENT SOCIETY BY
TRANSFER AND CREDITING THE SUSPENSE
ACCOUNT TOWARDS MEMBERSHIP OF FIRST
PETITIONER DATED 07.01.2008.
EXHIBIT P4(a) TRUE PHOTOCOPY OF THE RECEIPT ISSUED
BY THE 2ND RESPONDENT SOCIETY BY
TRANSFER AND CREDITING THE SUSPENSE
ACCOUNT TOWARDS MEMBERSHIP OF SECOND
PETITIONER DATED 07.01.2008.
EXHIBIT P4(b) TRUE PHOTOCOPY OF THE RECEIPT ISSUED
BY THE 2ND RESPONDENT SOCIETY BY
TRANSFER AND CREDITING THE SUSPENSE
ACCOUNT TOWARDS MEMBERSHIP OF THIRD
PETITIONER DATED 07.01.2008.
EXHIBIT P4(c) TRUE PHOTOCOPY OF THE RECEIPT ISSUED
BY THE 2ND RESPONDENT SOCIETY BY
TRANSFER AND CREDITING THE SUSPENSE
ACCOUNT TOWARDS MEMBERSHIP OF FOURTH
PETITIONER DATED 07.01.2008.
EXHIBIT P4(d) TRUE PHOTOCOPY OF THE RECEIPT ISSUED
BY THE 2ND RESPONDENT SOCIETY BY
TRANSFER AND CREDITING THE SUSPENSE
ACCOUNT TOWARDS MEMBERSHIP OF FIFTH
PETITIONER DATED 07.01.2008.
EXHIBIT P5 TRUE PHOTOCOPY OF THE DETAILS OF THE
LOAN AVAILED BY THE FIRST PETITIONER
FROM THE SECOND RESPONDENT DATED
NIL.
WP(C) Nos. 18133 and 18379 OF 2012
EXHIBIT P5(a) TRUE PHOTOCOPY OF THE DETAILS OF THE
LOAN AVAILED BY THE SECOND
PETITIONER FROM THE SECOND
RESPONDENT DATED NIL.
EXHIBIT P5(b) TRUE PHOTOCOPY OF THE DETAILS OF THE
LOAN AVAILED BY THE THIRD PETITIONER
FROM THE SECOND RESPONDENT DATED
NIL.
EXHIBIT P5(c) TRUE PHOTOCOPY OF THE DETAILS OF THE
LOAN AVAILED BY THE FOURTH
PETITIONER FROM THE SECOND
RESPONDENT DATED NIL.
EXHIBIT P5(d) TRUE PHOTOCOPY OF THE DETAILS OF THE
LOAN AVAILED BY THE FIFTH PETITIONER
FROM THE SECOND RESPONDENT DATED
NIL.
RESPONDENTS EXHIBITS
EXHIBITS R2(a) TRUE PHOTOCOPY OF THE MEMBERSHIP
APPLICATION OF THE FIRST PETITIONER
DATED 02.01.2008 APPROVED BY THE
SECOND RESPONDENT.
EXHIBITS R2(b) TRUE PHOTOCOPY OF THE MEMBERSHIP
APPLICATION OF THE SECOND PETITIONER
DATED 03.01.2008 APPROVED BY THE
COMMITTEE OF THE SECOND RESPONDENT.
EXHIBITS R2(c ) TRUE PHOTOCOPY OF THE MEMBERSHIP
APPLICATION OF THE THIRD PETITIONER
DATED 03.01.2008 APPROVED BY THE
COMMITTEE OF THE SECOND RESPONDENT.
EXHIBITS R2(d) TRUE PHOTOCOPY OF THE MEMBERSHIP
APPLICATION OF THE FOURTH PETITIONER
DATED 04.01.2008 APPROVED BY THE
COMMITTEE OF THE SECOND RESPONDENT.
WP(C) Nos. 18133 and 18379 OF 2012
EXHIBITS R2(e) TRUE PHOTOCOPY OF THE MEMBERSHIP
APPLICATION OF THE FIFTH PETITIONER
DATED 05.01.2008 APPROVED BY THE
COMMITTEE OF THE SECOND RESPONDENT.
EXHIBITS R2(f) TRUE PHOTOCOPY OF THE ELECTION
IDENTITY CARD OF THE FIRST
PETITIONER DATED 10.11.1998 PRODUCED
ALONG WITH MEMBERSHIP APPLICATION.
EXHIBITS R2(g) TRUE PHOTOCOPY OF THE ELECTION
IDENTITY CARD OF THE SECOND
PETITIONER DATED 03.11.1998 PRODUCED
ALONG WITH MEMBERSHIP APPLICATION.
EXHIBITS R2(h) TRUE PHOTOCOPY OF THE ELECTION
IDENTITY CARD OF THE THIRD
PETITIONER DATED 10.03.2001 PRODUCED
ALONG WITH MEMBERSHIP APPLICATION.
EXHIBITS R2(i) TRUE PHOTOCOPY OF THE ELECTION
IDENTITY CARD OF THE FOURTH
PETITIONER DATED 10.11.1998 PRODUCED
ALONG WITH MEMBERSHIP APPLICATION.
EXHIBITS R2(j) TRUE PHOTOCOPY OF THE ELECTION
IDENTITY CARD OF THE FIFTH
PETITIONER DATED 07.11.1998 PRODUCED
ALONG WITH MEMBERSHIP APPLICATION.
// True Copy //
PA To Judge
