Sunny Poulose vs State Of Kerala
2021 Latest Caselaw 15031 Ker

W.P(C).12132/2021
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                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                    PRESENT
                    THE HONOURABLE MR. JUSTICE SUNIL THOMAS
          FRIDAY, THE 16TH DAY OF JULY 2021 / 25TH ASHADHA, 1943
                            WP(C) NO. 12132 OF 2021
PETITIONER/S:

              SUNNY POULOSE, AGED 62 YEARS, S/O.POULOSE, PRESIDENT,
              THE PINDIMANA SERVICE CO-OPERATIVE BANK LTD., NO.E-25,
              CHELAD P.O., KOTHAMANGALAM - 686 681.

              BY ADVS.ALEXANDER JOSEPH
              AKHILASREE BHASKARAN



RESPONDENT/S:

      1       STATE OF KERALA, REPRESENTED BY THE SECRETARY TO
              GOVERNMENT, DEPARTMENT OF CO-OPERATION, SECRETARIAT,
              THIRUVANANTHAPURAM - 695 001.

      2       THE REGISTRAR OF CO-OPERATIVE SOCIETIES, JAWAHAR
              SAHAKARANA BHAVAN, DPI JUNCTION, THYCAUD,
              THIRUVANANTHAPURAM - 695 014.

      3       THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES
              KAKKANAD, ERNAKULAM - 682 030.

      4       THE ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES
              KOTHAMANGALAM - 686 681.

      5       ANSHAD M.A., AGED 29 YEARS, S/O.ABDUL AZEEZ,
              MANIYATTUKUDY HOUSE, AIROORPADAM, KOTHAMANGALAM-686681.


OTHER PRESENT:

              SR.GP BIMAL K NATH


      THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
16.07.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 W.P(C).12132/2021
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                                  JUDGMENT

Petitioner is the President of a Service Co-operative Bank. The

approved strength of the bank is 15 and the existing strength is only 6.

Accordingly, selection process was issued by Ext.P1 notification.

Applications were received. In the meanwhile, 5 th respondent filed Ext.P3

complaint before the third respondent alleging malpractices in the

selection process. He also approached this Court by filing

W.P(C).No.11018 of 2020 seeking directions for an enquiry by the Joint

Registrar. While so, Joint Registrar by Ext.P4 order stayed the selection

process invoking his authority under S.66(1) and 66A of the Co-operative

Societies Act. Specifically, Writ Petition was dismissed by the court below

holding that the 5th respondent herein is entitled to seek his effective

relief under S.69 of the Co-operative Societies Act.

2. The grievance of the petitioner is that, notwithstanding the

dismissal of W.P(C).No.11018 of 2020 evidenced by Ext.P6, selection

process is proceeding. Joint Registrar is taking refuge under Ext.P4 stay

order.

3. Supporting the proceeding, learned Senior Government

Pleader invited my attention to the decision in Trivandrum District Co-

operative Bank ltd. v. State of Kerala (1992(1) KLT 381) wherein the

Division Bench of this Court held that, Joint Registrar is competent and W.P(C).12132/2021

also empowered to pass such interim orders. It seems that, in the light of

the complaint received by the authority, notwithstanding the dismissal of

the Writ Petition filed by the complainant or even if the matter is settled

between the parties or the complaint withdrawn, Joint Registrar is well

within his authority to enquire into the complaints received. In the above

scenario, I feel that the only relief that can be granted to the petitioner is

directing the third respondent herein to complete the entire process

within a time frame.

Accordingly, Writ Petition is disposed of with a direction to the third

respondent to complete his enquiry on the strength of Exts.P4 and P5

within a period of six weeks from the date of receipt of a copy of this

judgment.

Writ Petition is disposed of as above.

Sd/-

SUNIL THOMAS JUDGE

Sbna/ W.P(C).12132/2021

APPENDIX OF WP(C) 12132/2021

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF NOTIFICATION DATED 12/02/020 ISSUED BY THE PINDIMANA SERVICE CO-OPERATIVE BANK LTD. INVITING APPLICATION FOR APPOINTMENT.

Exhibit P2 TRUE COPY OF THE ORDER NO.EM(2) 37425/2017 DATED 29/02/2020 OF THE 2ND RESPONDENT APPROVING THE LIST OF OUTSIDE AGENCIES FOR CONDUCTING EXAMINATION.

Exhibit P3 TRUE COPY OF PETITION DATED 23/05/2020 OF THE 5TH RESPONDENT.

Exhibit P4 TRUE COPY OF THE ORDER DATED 12/06/2020 OF THE 3RD RESPONDENT.

Exhibit P5 TRUE COPY OF THE NOTICE OF THE 3RD RESPONDENT DATED 04/08/2020.

Exhibit P6 TRUE COPY OF THE JUDGMENT DATED 24/03/2021 IN WP(C) NO.11018 OF 2020 OF THE HONBLE HIGH COURT OF KERALA.

Exhibit P7 TRUE COPY OF THE APPLICATION DATED 28/04/2021 OF THE PETITIONER TO THE 3RD RESPONDENT.