Mohammadkutty Mk vs Registrar Of Co-Operative ...
2021 Latest Caselaw 17917 Ker

                  IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
                THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS
                                     &
                 THE HONOURABLE MR. JUSTICE A. BADHARUDEEN
        Wednesday, the 1st day of September 2021 / 10th Bhadra, 1943
                             WA NO. 984 OF 2021

   AGAINST JUDGMENT DATED 16.03.2021 IN WP(C) 35059/2019 OF THIS COURT.

                                     ---

APPELLANT/PETITIONER IN W.P.C::

 MOHAMMADKUTTY M.K,AGED 65,S/O. KUNJUMUHAMUD, BRANCH MANAGER (RETIRED),

 MALAPURAM DISTRICT CO-OPERATIVE BANK, MUSALIYAR KURUNNGATTIL,

 MATTATHUR P.O., MALAPPURAM DISTRICT.

BY ADV.SRI.BIJU P.N.

RESPONDENTS/RESPONDENTS IN W.P.C::

1.THE REGISTRAR OF CO-OPERATIVE SOCIETIES, THIRUVANANTHAPURAM-695 003.

2.THE JOINT REGISTRAR GENERAL OF CO-OPERATIVE SOCIETIES,

  MALAPPURAM DISTRICT-676 505.

3.THE GENERAL MANAGER, DISTRICT CO-OPERATIVE BANK,

  MALAPPURAM-676 505.

BY GOVERNMENT PLEADER FOR R1 & R2.

BY SRI.ESM KABEER, STANDING COUNSEL FOR R3.




     This Writ Appeal coming on for admission on 01.09.2021 upon perusing
the appeal memorandum, the court on the same day passed the following:

                                                                   P.T.O.
 EXT.P5: TRUE COPY OF THE ORDER JUDGMENT IN W.P.(C) NO.16656/2011

DATED 11.9.2012.

                              ---
   ALEXANDER THOMAS & A. BADHARUDEEN, JJ.
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                           W.A. No.984 of 2021
      [arising out of the judgment in W.P.(C) No.35059/2019 dated 16.03.2021
             ------------------------------------------------------
                  Dated this the 01st day of September, 2021


                                ORDER

The 1st respondent-Registrar of Co-operative Societies,

Thiruvananthapuram, and the 2nd respondent Joint Registrar General

of Co-operative Societies, Malappuram District, will furnish specific

instructions to the learned Senior Government Pleader as to whether

the factual case of the appellant/petitioner in the W.P.(C) is broadly

identical or similar to the cases covered by Ext.P5 judgment dated

11.09.2012, rendered by this Court in W.P.(C) No.16656/2011 as well as

the other judgments of this Court, referred to in Ext.P5 judgment, etc.

2. Sri.ESM Kabeer, learned Standing Counsel for the

Malappuram District Co-operative Bank seeks short time to get

instructions from the 3rd respondent as to whether the 3rd respondent

had appointed/promoted the appellant/petitioner in the W.P.(C) to the

post of Branch Manager and also as to whether the 3 rd respondent had

passed the resolution requesting the Registrar to grant relaxation to the

prescribed degree qualification to the appellant/petitioner in the

W.P.(C) and whether pay and allowances has been paid to the him in the

post of Branch Manager and relevant details in that regard, etc.

3. The 2nd & 3rd respondents will file their separate

statement/affidavit in the matter, without much delay preferably within

2 weeks.

List on 16.09.2021 in the admission list.

Hand Over copies of this order to both sides.

Sd/-

ALEXANDER THOMAS, JUDGE

Sd/-

A. BADHARUDEEN, JUDGE Skk//01092021

01-09-2021 /True Copy/ Assistant Registrar