The Part- Time Administrator vs Vipin K.Hari
2022 Latest Caselaw 9325 Ker

                    IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                    PRESENT
                  THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS
                                       &
                THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN
         Wednesday, the 10th day of August 2022 / 19th Sravana, 1944
                             WA NO. 1121 OF 2020
  AGAINST THE JUDGMENT DATED 10/8/2020 IN WP(C) 9550/2020 0F THIS COURT.
APPELLANTS/RESPONDENT NOS.2 & 3

  1. THE PART- TIME ADMINISTRATOR, ADAT FARMERS SERVICE CO-OPERATIVE BANK
     LTD.NO.R 689, THRISSUR DISTRICT-680 551.

  AND ANOTHER

    BY ADV.SRI.P.C.SASIDHARAN.

RESPONDENTS/PETITIONERS & RESPONDENTS NO.1

  1. VIPIN K.HARI, S/O. HARIKUMAR K.V., AGED 29 YEARS, MEMBERSHIP
     NO.25349, ADAT FARMERS SERVICE CO-OPERATIVE BANK LTD.NO.R 689,
     THRISSUR DISTRICT-680 551, RESIDING AT KOTTIYATTIL HOUSE, VILANGAL,
     PUZHAKKAL VILLAGE, AMALA NAGAR POST OFFICE, THRISSUR DISTRICT.

  AND 2 OTHERS

     BY ADV.SMT.NISHA GEORGE FOR R1 & R2

      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 all further proceedings pursuant to the impugned judgment of the
learned Single Judge dated 10/8/2020 in W.P.(C) No.9550 of 2020, pending
disposal of the Writ Appeal.

     This Writ Appeal again coming on for orders on 10.08.2022, upon
perusing the appeal memorandum and this court's order dated 28.10.2021,
the court on the same day passed the following:
  ALEXANDER THOMAS & SHOBA ANNAMMA EAPEN, JJ.
             ==================
              W.A. No.1121 of 2020
[arising out of the impugned judgment in W.P.(C).No.9550 of 2020 dated
                              10.08.2020]
                      ==================
               Dated this the 10th day of August, 2022
                              ORDER

It is averred in para No.4 on page 2 of the counter affidavit

dated 30.05.2020 filed by respondents 2 and 3 in the instant W.P.(C)

[writ appellants herein] that the 1st writ petitioner was admitted as

Class 'A' member of the society on 21.04.2012 by the Part Time

Administrator by Resolution No.1(4) and the 2 nd writ petitioner was

admitted as Class 'A' member on 16.01.2014 by Resolution No.3(2).

2. It is also averred in para 4 of the Memorandum of the

W.P.(C) that during the term of the then Part Time Administrator,

the election to the Managing Committee of the respondent

Co-operative Society was held and resultantly the elected Managing

Committee had assumed office of the Co-operative Society on

28.03.2014 and further that the elected Managing Committee in its

meeting held on the same day (28.03.2014) had taken a decision to

regularise and approve the membership granted to the 4464 persons

(including the 2 writ petitioners), by the Part Time Administrator, etc.

3. The appellant Co-operative Society will make available W.A. No.1121 of 2020

- : 2 :-

before this Court copies of the following documents:

(1) Copy of the aforesaid Resolution No.1(4) dated 21.04.2012

and copy of Resolution No.3(2) dated 16.01.2014 on the

basis of which the aforesaid 2 writ petitioners have been

granted membership by the Part Time Administrator.

(2) Copy of the resolution/decision/proceedings of the elected

Managing Committee of the Co-operative Society said to

have been taken on 28.03.2014 on the basis of which the

said Committee has regularised and approved the previous

decision of the Administrator to grant membership to the 2

writ petitioners herein.

The above said documents shall be made available before this

Court, well before next posting date.

List on 19.08.2022 for judgment.

Hand over

Sd/-

ALEXANDER THOMAS, JUDGE

Sd/-

SHOBA ANNAMMA EAPEN, JUDGE AS

10-08-2022 /True Copy/ Assistant Registrar