Kerala High Court
Suhana T.T vs The Mukkom Service Co-Operative ... on 23 November, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS
&
THE HONOURABLE MR.JUSTICE VIJU ABRAHAM
Tuesday, the 23rd day of November 2021 / 2nd Agrahayana, 1943
WA NO. 1250 OF 2021
AGAINST JUDGMENT DATED 7.9.2021 IN WP(C) 18074/2021 OF THIS COURT.
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APPELLANTS/PETITIONERS IN W.P.(C)NO.18074/2021:
1.SUHANA T.T., D/O.SULAIMAN.T.T., THAYYIL THODUKAYIL HOUSE,
NEELESWARAM P.O., OMASSERY, KOZHIKODE.
2.DEEPAK LAL,S/O.PADMANABHAN NAIR, KODINGOTH HOUSE,
CHATHAMANGALAM P.O., N.I.T., KOZHIKODE.
BY ADVS.M/S.P.P.JACOB & MARIYAM JACOB
RESPONDENTS/RESPONDENTS IN W.P.(C) NO.18074/2021:
1.THE MUKKOM SERVICE CO-OPERATIVE BANK LTD.NO.F 1241,
MANASSERY,MUKKOM,KOZHIKODE-673 602,REPRESENTED BY ITS SECRETARY.
2.THE ADMINISTRATIVE COMMITTEE,
MUKKOM SERVICE CO-OPERATIVE BANK LTD.NO.F 1241,
MUKKOM,KOZHIKODE-673 602,REPRESENTED BY ITS CONVENER.
3.THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES(G),KOZHIKODE,
OFFICE OF THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES,
PUTHIYARA, KOZHIKODE-673 004.
BY ADV.SRI.M.SASINDRAN FOR R1 & R2.
SENIOR GOVERNMENT PLEADER FOR R3.
Prayer for interim relief in the Writ Appeal stating that in the
circumstances stated in the appeal memorandum, the High Court be pleased
to stay the operation of the impugned judgment to the extent it permit the
second respondent to initiate action against the appellants pending
disposal of the above appeal.
This Writ Appeal again coming on for orders along with connected
case on 23/11/2021 upon perusing the appeal memorandum and this court's
order dated 01.11.2021, the court on the same day passed the following:
ALEXANDER THOMAS & VIJU ABRAHAM, JJ.
=========================================
W.A No.1250 of 2021
[arising out of the judgment dated 07.09.2021 in W.P(C) No.18074/2021 ]
&
W.A No.1310 of 2021
[arising out of the judgment dated 10.09.2021 in W.P(C) No.18460/2021 ]
=========================================
Dated this the 23rd day of November, 2021
ORDER
Even now, neither the 2nd respondent-The Administrative Committee
of the Co-operative Society concerned nor the 3 rd respondent-Joint
Registrar of Co-operative Societies have not furnished any factual
instructions either to the learned Standing Counsel for R2 as well as to the
learned Senior Government Pleader respectively, on the points covered in
this Court's order dated 01.11.2021, despite granting adjournments by this
Court on occasions more than one. Last is chance is given to those parties
to furnish instructions on the points covered in the order dated 01.11.2021
rendered by this Court in these appeals, failing which, this Court will be
constrained to proceed on the basis of the existing pleadings and materials
on record made available before this Court. If any adverse orders are
passed thereafter, then those respondents shall not later come up with
review or applications to vacate or modify any such orders. So last chance
is given to the abovesaid parties to defend the case, in the manner they
deem fit and proper.
W.A Nos.1250 & 1310 of 2021
2. The Registry will forward a copy of this order directly to the
Registrar of Co-operative Societies, Government of Kerala,
Thiruvananthapuram, so as to enable the said officer to alert the
2nd respondent-The Administrative Committee and the 3 rd respondent-
Joint Registrar to comply with the abovesaid directions issued by this
Court on 01.11.2021. The Secretary to the office of the Advocate General
will also forward copies of this order to R2 & R3 as well as to the Registrar
of Co-operative Societies, Government of Kerala, Thiruvananthapuram.
List on 13/12/2021.
Hand Over
Sd/-
ALEXANDER THOMAS, JUDGE
Sd/-
VIJU ABRAHAM, JUDGE
vgd
23-11-2021 /True Copy/ Assistant Registrar
