Citation : 2022 Latest Caselaw 11562 Ker
Judgement Date : 20 December, 2022
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
TUESDAY,THE 20TH DAY OF DECEMBER 2022 / 29TH AGRAHAYANA, 1944
WP(C) NO. 22668 OF 2011
PETITIONER/S:
THE BOARD OF DIRECTORS OF THE SULTHAN
BATHERY CO-OPERATIVE AGRICULTURAL & RURAL,
DEVELOPMENT BANK LTD.NO.W.225, SULTHAN BATHERY-,
673 592, WAYANAD DISTRICT, REPRESENTED BY ITS
PRESIDENT.
BY ADV SRI.P.U.SHAILAJAN
RESPONDENTS:
1 THE STATE OF KERALA
REPRESENTED BY THE SECRETARY TO GOVERNMENT,,
CO-OPERATION DEPARTMENT, GOVERNMENT SECRETARIAT,,
THIRUVANANTHAPURAM-695 001.
2 THE REGISTRAR OF CO-OPERATIVE SOCIETIES
GOVERNMENT OF KERALA,
THIRUVANANTHAPURAM-695 001.
3 THE STATE CO-OPERATIVE ELECTION COMMISSION,
THIRUVANANTHAPURAM-695 001,,
REPRESENTED BY ITS SECRETARY.
4 THE ELECTORAL OFFICER ASSISTANT
REGISTRAR, OFFICE OF THE ASSISTANT REGISTRAR OF
CO-OPERATIVE SOCIETIES,(GENERAL),,
SULTHAN BATHERY-673 592, WAYANAD DISTRICT.
5 THE SPECIAL OFFICER
SULTHAN BATHERY CO-OPERATIVE AGRICULTURAL & RURAL,
DEVELOPMENT BANK LTD.NO.W.225,,
SULTHAN BATHERY-673 592, WAYANAD DISTRICT.
6 C.K. RAJENDRAN, PRESIDENT
KERALA STATE CO-OPERATIVE AGRICULTURAL & RURAL,
DEVELOPMENT BANK LTD., TVM.,
RESIDING AT KARUMANASERY(H),KIZHAKKANCHERY PO,,
PALAKKAD DISTRICT.
7 MANAGING DIRECTOR
KERALA STATE CO-OPERATIVE AGRICULTURAL AND RURAL,
DEVELOPMENT BANK.LTD, THIRUVANANTHAPURAM,
REPRESENTED BY ITS MANAGING DIRECTOR
BY ADVS.K.M.FAISAL, GP
SRI.M.SASINDRAN
W.P.(C).Nos.22668, 22726, 22872 & 33400 of 2011
and 21588 of 2012
2
SRI.GEORGE POONTHOTTAM
SRI.KISHOR B.
M.A.ASIF
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 20.12.2022, ALONG WITH WP(C).21588/2012,
22726/2011 AND CONNECTED CASES, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
W.P.(C).Nos.22668, 22726, 22872 & 33400 of 2011
and 21588 of 2012
3
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
TUESDAY,THE 20TH DAY OF DECEMBER 2022/29TH AGRAHAYANA,1944
WP(C) NO. 21588 OF 2012
PETITIONER:
M.N.RAJAN
AGED 68 YEARS, S/O NARAYANAN, MANAYATH HOUSE,
P.O, METHALA, KODUNGALLOOR TALUK,
THRISSUR DISTRICT
BY ADVS.SRI.P.U.SHAILAJAN
SRI.E.BENJAMIN
RESPONDENTS:
1 THE STATE OF KERALA
REPRESENTED BY CHIEF SECRETARY, SECRETARIAT,
THIRUVANANTHAPURAM 695001
2 DEPARTMENT OF CO-OPERATION STATE OF KERALA
REPRESENTED BY ITS SECRETARY
SECRETARIAT THIRUVANANTHAPURAM
3 THE REGISTRAR OF CO-OPERATIVE SOCIETIES
GOVERNMENT OF KERALA,THIRUVANANTAPURAM 695001
4 SPECIAL OFFICER
KODUNGALLUR CO-OPERATIVE AGRICULTURAL AND RURAL
DEVELOPMENT BANK LTD R. 993, KODUNGALLUR,
THRISSUR DISTRICT 680664
ADDL.R5 KERALA STATE CO-OPERATIVE AGRICULTURAL AND RURAL
DEVELOPMENT BANK LTD.
THIRUVANANTHAPURAM, REPRESENTED BY ITS MANAGING
DIRECTOR, THIRUVANANTHAPURAM.
IS IMPLEADED AS PER ORDER DATED 04.09.2013 IN IA
12009/13
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 20.12.2022, ALONG WITH WP(C).22668/2011 AND CONNECTED
CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C).Nos.22668, 22726, 22872 & 33400 of 2011
and 21588 of 2012
4
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
TUESDAY,THE 20TH DAY OF DECEMBER 2022/29TH AGRAHAYANA,1944
WP(C) NO. 22726 OF 2011
PETITIONER:
THE BOARD OF DIRECTORS OF THE KODUNGALLU
KODUNGALLUR CO-OPERATIVE AGRICULTURAL AND RURAL,
DEVELOPMENT BANK LTD.NO.R.993,
KODUNGALLUR P.O.,, PIN-680 664, REPRESENTED BY
ITS PRESIDENT.
BY ADVS.SRI.P.U.SHAILAJAN
SRI.V.K.BIJU
RESPONDENTS:
1 THE STATE OF KERALA
REPRESENTED BY THE SECRETARY TO GOVERNMENT,
CO-OPERATION, DEPARTMENT, GOVERNMENT
SECRETARIAT,, THIRUVANANTHAPURAM-695 001.
2 THE REGISTRAR OF CO-OPERATIVE SOCIETIES
GOVERNMENT OF KERALA,
THIRUVANANTHAPURAM-695 001.
3 THE SPECIAL OFFICER
KODUNGALLUR CO-OPERATIVE AGRICULTURAL AND RURAL,
DEVELOPMENT BANK LTD.NO.R.993,
KODUNGALLUR P.O.-, 680 664,
KODUNGALLUR DISTRICT.
4 C.K.RAJENDRAN, PRESIDENT,
KERALA STATE CO-OPERATIVE TRIBUNAL AND RURAL
DEVELOPMENT BANK LIMITED, THIRUVANANTHAPURAM,
RESIDING AT KARUMANASSERY HOUSE,
KIZHAKKANCHERY PO, PALAKKAD DISTRICT
BY ADV SRI.KISHOR B.
SRI.K.M.FAISAL, GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 20.12.2022, ALONG WITH WP(C).22668/2011 AND CONNECTED
CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C).Nos.22668, 22726, 22872 & 33400 of 2011
and 21588 of 2012
5
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
TUESDAY,THE 20TH DAY OF DECEMBER 2022/29TH AGRAHAYANA,1944
WP(C) NO. 22872 OF 2011
PETITIONER:
THE BOARD OF DIRECTORS OF THE RANNI PRIMARY CO-
OPERATIVE AGRICULTURAL AND RURAL DEVELOPMENT
BANK LTD.NO.PT.163,
RANNI,, PATHANAMTHITTA DISTRICT, PIN - 689672,,
REPRESENTED BY ITS HONORARY SECRETARY.
BY ADVS.
SRI.ASOK M.CHERIAN
SRI.S.KANNAN
SMT.K.S.SANGEETHA
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY THE SECRETARY TO GOVERNMENT,,
CO-OPERATION DEPARTMENT, GOVERNMENT,
SECRETARIAT, THIRUVANANTHAPURAM - 695 001.
2 THE REGISTRAR OF CO-OPERATIVE
SOCIETIES, GOVERNMENT OF KERALA,,
THIRUVANANTHAPURAM - 695 001.
3 ASSISTANT REGISTRAR OF CO-OPERATIVE
SOCIETIES, RANNI, PATHANAMTHITTA DISTRICT.
BY ADVS.K.M.FAISAL, GOVERNMENT PLEADER
M.A.ASIF
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 20.12.2022, ALONG WITH WP(C).22668/2011 AND CONNECTED
CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C).Nos.22668, 22726, 22872 & 33400 of 2011
and 21588 of 2012
6
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
TUESDAY,THE 20TH DAY OF DECEMBER 2022/29TH AGRAHAYANA,1944
WP(C) NO. 33400 OF 2011
PETITIONER:
K.P.SUBASH KUMAR
SON OF PARAMESWARA PILLAI,,
ANCHANIL PUTHEN VEEDU, CHERUKULANJI P.O.,,
RANNI, PATHANAMTHITTA DISTRICT.
BY ADVS.
SRI.ASOK M.CHERIAN
SRI.S.KANNAN
SRI.T.R.RENJITH
RESPONDENTS:
1 THE REGISTRAR OF CO-OPERATIVE SOCIETIES
KERALA, THIRUVANANTHAPURAM-695001.
2 THE JOINT REGISTRAR OF
CO-OPERATIVE SOCIETIES (GENERAL),,
PATHANAMTHITTA, PIN-689 672.
3 RANNI PRIMARY CO-OPERATIVE AGRICULTURAL
AND RURAL DEVELOPMENT BANK LTD.NO.PT.163,
RANNI,, REPRESENTED BY ITS SPECIAL OFFICER,
(ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES,
GENERAL, RANNI), RANNI,
PAPTHNAMTHITTA DISTRICT,, PIN-68
4 THE STATE OF KERALA
REPRESENTED BY THE SECRETARY TO GOVERNMENT,,
CO-OPERATIVE DEPARTMENT, GOVENMENT SECRETARIAT,,
THIRUVANANTHAPURAM-695 001.
BY ADVS.K.M.FAISAL, GOVERNMENT PLEADER
SRI.GEORGE POONTHOTTAM
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 20.12.2022, ALONG WITH WP(C).22668/2011 AND CONNECTED
CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C).Nos.22668, 22726, 22872 & 33400 of 2011
and 21588 of 2012
7
P.V.KUNHIKRISHNAN, J.
--------------------------------
W.P.(C).Nos.22668, 22726, 22872 & 33400 of 2011
and 21588 of 2012
----------------------------------------------
Dated this the 20th day of December, 2022
JUDGMENT
In these writ petitions, the challenge is against an
ordinance. Subsequently the ordinance was replaced by Act
30 of 2012. The counsel appearing for the Bank submitted
that the validity of the same is upheld by a Division Bench of
this Court in Sasindran v. State of Kerala [2014 (4) KLT
SN 21 (Case No.29)] .
In the light of the same, nothing survives in these cases.
Therefore, these writ petitions are closed.
Sd/-
P.V.KUNHIKRISHNAN JV JUDGE
Publish Your Article
Campus Ambassador
Media Partner
Campus Buzz
LatestLaws.com presents: Lexidem Offline Internship Program, 2026
LatestLaws.com presents 'Lexidem Online Internship, 2026', Apply Now!