Rajanish N.S vs The Registrar Of Co-Operative ...
2021 Latest Caselaw 23465 Ker

                     IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                      PRESENT
                     THE HONOURABLE MR. JUSTICE SATHISH NINAN
    THURSDAY, THE 25TH DAY OF NOVEMBER 2021 / 4TH AGRAHAYANA, 1943
                             WP(C) NO. 12190 OF 2021
PETITIONER:

              RAJANISH N.S
              AGED 42 YEARS
              S/O. P.L NADARAJAN, PUTHUPARAMBIL, KANJIRAMATTOM,
              THODUPUZHA EAST P.O, IDUKKI DISTRICT PIN 685 585

              BY ADVS.
              T.R.HARIKUMAR
              ARJUN RAGHAVAN



RESPONDENTS:

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

     2        THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES (GENERAL)
              PAINAVU P.O, IDUKKI 685 603

     3        THE KERALA STATE LEGAL METROLOGY LICENSEES AND
              TECHNICAL CO-OPERATIVE SOCIETY LTD NO. 4473, REPRESENTED BY
              ITS SECRETARY, OPP. CIVIL STATION, MARIYIL TOWER,
              THODUPUZHA, IDUKKI DISTRICT PIN 685 584

              BY ADVS.
              P.K.VIJAYAMOHANAN
              M.B.SOORI
              BY SMT.SHEEJA C.S., SR. GOVT. PLEADER




     THIS     WRIT    PETITION   (CIVIL)   HAVING   COME   UP   FOR   ADMISSION   ON
25.11.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
                            SATHISH NINAN, J.
             = = = =    = = = = = = = = = = = = = =
                  W.    P. (C) No.12190 of 2021
             = = = =    = = = = = = = = = = = = = =
          Dated this    the 25th day of November, 2021

                            J U D G M E N T

The petitioner is a member of the third respondent

Society. Alleging grant of membership to ineligible

persons, the petitioner has filed Exts.P7 and P8

representations before respondents 1 and 2 seeking their

removal from membership in terms of Rule 16(4) of the

Co-operative Societies Rules. The petitioner relies on

Section 65 report to substantiate his contention

regarding ineligibility against the persons alleged. The

petitioner seeks for a direction for consideration of

the application.

2. Heard learned counsel for the petitioner and the

learned Senior Government Pleader.

3. Without expressing anything on the merits, the

writ petition is disposed of directing respondents 1 and

2 to consider the petitioner's complaint and pass

appropriate orders in accordance with the procedure W. P. (C) No.12190 of 2021

contemplated under Rule 16(4) of the Kerala Co-operative

Societies Rules, expeditiously.

Sd/-

SATHISH NINAN JUDGE

kns/-

//True Copy// P.S. to Judge APPENDIX OF WP(C) 12190/2021

PETITIONER EXHIBITS

Exhibit P1 A TRUE COPY OF THE RELEVANT PAGES OF THE BYELAWS OF THE 3RD RESPONDENT SOCIETY

Exhibit P2 A TRUE COPY OF THE RELEVANT PAGES OF THE SECTION 65 ENQUIRY REPORT

Exhibit P3 A TRUE COPY OF THE ORDER NO. M.T(4)31709/2017 DATED 27-09-2017 ISSUED BY THE 1ST RESPONDENT

Exhibit P4 A TRUE COPY OF THE COUNTER AFFIDAVIT DATED 05-02-2020, FILED BY THE 3RD RESPONDENT IN WP(C) NO. 18775 OF 2019

Exhibit P5 A TRUE COPY OF THE COMMUNICATION DATED 13-02-

2020 ISSUED BY THE 1ST RESPONDENT

Exhibit P6 A TRUE COPY OF THE JUDGMENT DATED 23-03-2021 IN WP(C) NO. 5145 OF 2021 AND CONNECTED CASES.

Exhibit P7 A TRUE COPY OF THE REPRESENTATION DATED 29-

04-2021 FILED BY THE PETITIONER BEFORE THE 1ST RESPONDENT

Exhibit P8 A TRUE COPY OF THE REPRESENTATION DATED 29-

04-2021 FILED BY THE PETITIONER BEFORE THE 2ND RESPONDENT.

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