B.P.Pradeep Kumar vs The Joint Registrar Of ...
2022 Latest Caselaw 12429 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
          THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
     FRIDAY, THE 23RD DAY OF DECEMBER 2022 / 2ND POUSHA, 1944
                       WP(C) NO. 41350 OF 2022
PETITIONER:

          B.P.PRADEEP KUMAR
          AGED 40 YEARS
          S/O. P. NARAYANAN, CHEMANTHOD HOUSE, PARAKALAI PO,
          ANANDASRAMAM (VIA), KASARAGOD- 671 531.

          BY ADVS.
          PUSHPARAJAN KODOTH
          K.JAYESH MOHANKUMAR
          VANDANA MENON
          VIMAL VIJAY



RESPONDENTS:

    1     THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES
          (GENERAL),CIVIL STATION, VIDHYA NAGAR PO, KASARAGOD -
          671 123.

    2     SECRETARY,
          VELLARIKUNDU PRIMARY COOPERATIVE AGRICULTURAL AND RURAL
          DEVELOPMENT BANK LTD. NO. S 539, BEEMANADY PO,
          KASARAGOD - 671 314.

          SRI JOSHY THANNICKKAMATTAM-GP




     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
23.12.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 41350 OF 2022
                                 -2-

                           JUDGMENT

The petitioner alleges that the interview

for the post of Night Watchman in the services

of the 'Vellarikundu Primary Co-operative

Agricultural and Rural Development Bank Ltd.'

('Society', for short) - of which 2 nd respondent

is the Secretary - has been delayed

indefinitely; and thus prays that they be

directed to do so, within a time frame to be

fixed by this Court.

2. In response to the afore submissions of

Sri.K.Jayesh Mohankumar - learned counsel for

the petitioner, the learned Government Pleader -

Sri.Joshy Thannickamattam, submitted that, as is

evident from Ext.P5, the jurisdictional Joint

Registrar of Co-operative Societies had

interdicted conduct of the interview to the post

in question by the Society, noticing several WP(C) NO. 41350 OF 2022

counts of impropriety and illegality. He

submitted that the Joint Registrar has not taken

a final decision in this regard; and added that

if this Court is so inclined, the said Authority

can hear all sides and do so, without any

further delay.

3. When I consider the afore rival

submissions, it is indubitable that the Joint

Registrar cannot sit on a file ad infinitum and

this is more so in this case, since Ext.P5

discloses that he had interdicted the interview

as early as on 07.09.2020.

4. I am, therefore, of the firm view that

the Joint Registrar must hear the parties and

take a final decision without any further delay.

Resultantly, I order this writ petition and

direct the 1st respondent - Joint Registrar to

hear the petitioner, 2nd respondent, as also any

other person who may be otherwise entitled to be WP(C) NO. 41350 OF 2022

heard and take a decision on the conduct of the

interview for the post in question, as

expeditiously as is possible, but not later than

two months from the date of receipt of a copy of

this judgment.

Sd/-

DEVAN RAMACHANDRAN JUDGE SAS WP(C) NO. 41350 OF 2022

APPENDIX OF WP(C) 41350/2022

PETITIONER'S EXHIBITS

Exhibit P1 TRUE COPY OF THE CALL LETTER DATED 13.12.2019 ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER.

Exhibit P2 TRUE COPY OF NOTICE ISSUED BY THE 2ND RESPONDENT DATED 31.12.2019.

Exhibit P3 TRUE COPY OF NOTICE DATED 10.8.2020 ISSUED BY THE 2ND RESPONDENT.

Exhibit P4 TRUE COPY OF NOTICE DATED 7.9.2020 ISSUED BY THE 2ND RESPONDENT.

Exhibit P5 TRUE COPY OF THE REPLY DATED 21.3.2022 ISSUED BY THE 1ST RESPONDENT.

//TRUE COPY//

P.A. TO JUDGE