Ajitha Kumari K.P vs Registrar Of Co-Operative ...
2021 Latest Caselaw 15823 Ker

             IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
             THE HONOURABLE MR. JUSTICE SUNIL THOMAS
        FRIDAY, THE 30TH DAY OF JULY 2021 / 8TH SRAVANA, 1943
                       WP(C) NO. 3924 OF 2021
PETITIONER/S:
     1    AJITHA KUMARI K.P.
          AGED 52 YEARS
          A CLASS MEMBER NO 855, VEERANAKAVU WELFARE, CO-
          OPERATIVE SOCIETY NO T .1580, VEERANAKAVU
          P.O.KATTAKKADA, THIRUVANANTHAPURAM-695 572, AND
          RESIDING AT ARUNTHATHI, PANNIYODU P.O.POOVACHAL,
          THIRUVANANTHAPURAM-695 572.

    2      SUNIL RAJ.S,
           AGED 47 YEARS
           A CLASS MEMBER, VEERANAKAVU CO-OPERATIVE WELFARE
           SOCIETY NO T-1580, VEERANAKAVU P.O.KATTAKKADA,
           THIRUVANANTHAPURAM-695 572, AND RESIDING AT ARCHANA
           BHAVAN, PANTHADIKALAM, ANACODE, VEERANAKAVU,
           KATTAKKADA P.O.THIRUVANANTHAPURAM-695 572.

           BY ADV S.BALACHANDRAN (KULASEKHARAM)


RESPONDENT/S:
    1    REGISTRAR OF CO-OPERATIVE SOCIETIES
         OFFICE OF THE REGISTRAR OF CO-OPERATIVE SOCIETIES, DPI
         JUNCTION, THIRUVANANTHAPURAM-14.

    2      JOINT REGISTRAR (GENERAL),
           OFFICE OF THE JOINT REGISTRAR OF CO-OPERATIVE
           SOCIETIES, SAHAKARANA BHAVAN, 8TH FLOOR, DPI JUNCTION,
           THIRUVANANTHAPURAM-695 014.

    3      VEERANAKAVU CO-OPERATIVE WELFARE SOCIETY NO TO-1580,
           VERANAKAVU P.O.KATTAKKADA, REPRESENTED BY ITS
           SECRETARY, VEERANAKAVU P.O.KATTA KKADA,
           THIRUVANANTHAPURAM-695 572.

           BY ADV SRI.P.N.MOHANAN

           SR.GP.HARISH K.P.


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
30.07.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 3924 OF 2021
                                   2



                         JUDGMENT

The petitioners are the A class members of the third

respondent Co-operative society. They alleged that

malpractices are going on in the society. Few instances are

also mentioned. Raising these contentions, Ext.P2 and

Ext.P3 representations were submitted before the Joint

Registrar and are pending. The petitioners have approached

this court inter alia contending that the managing committee

which is indulging in such misappropriation has convened

general body meeting and is attempting to get various acts

done by the managing committee ratified. An interim prayer

was sought to restrain the third respondent from proceeding

with the general body meeting. This court permitted the

conduct of the general body meeting subject to the condition

that the out come will be subject to the decision of this

court. The respondent society has filed a detailed counter

affidavit wherein they have traversed and denied the various

allegations. It was also contended that on finding out the

malpractices by the Secretary and another staff, action was WP(C) NO. 3924 OF 2021

taken against them. The second petitioner is the husband of

the one such employee. She was removed later, after

misappropriating huge amounts of the society. Pursuant to

the said enimity, the petitioners have joined together to

tarnish the society, is the contention of the learned counsel

for the respondents.

2. Essentially, allegations and counter allegations are

raised. Representations have been submitted by the

petitioners as Ext.P2 and P3 and are pending before the

second respondent. Having evaluated the nature of the

allegations and the rely given, without considering any of the

allegations on merit, I feel that it is for the second

respondent to consider whether there is any basis in the

allegations set up. Having considered this, I am inclined to

dispose of the Writ petition with a direction to the second

respondent to consider Ext.P2 and ext.P3 representations on

its independent merits and to pass appropraite orders and if

required, to take consequent steps as expeditiously as

possible within a period of two months from the date of

receipt of a copy of this judgment. The Joint Registrar shall WP(C) NO. 3924 OF 2021

also give a reasonable opportunity to both sides of being

heard.

Writ Petition is disposed of.

Sd/-

SUNIL THOMAS, JUDGE R.AV WP(C) NO. 3924 OF 2021

APPENDIX OF WP(C) 3924/2021

PETITIONER EXHIBITS

EXHIBIT P1 TRUE COPY OF THE REPORT OF THE ENQUIRTY OFFICER DATED OBTAINED AS PER RIGHT TO INFORMATION ACT ON 6.1.2020

EXHIBIT P2 TRUE COPY OF THE REPRESENTATION OF 1ST PETITIONER DATED 5.2.2021 SUBMITTED TO THE 2ND RESPONDENT

EXHIBIT P3 TRUE COPY OF THE REPRESENTATION OF THE 2ND PETITIONER DATED 5.2.2021 SUBMITTED TO THE 2ND RESPONDENT

EXHIBIT P4 TRUE COPY OF BY-LAW OF VEERANAKAVU WELFARE CO-OPERATIVE SOCIETY NO T-1580.