Renjisha K vs State Of Kerala
2022 Latest Caselaw 12469 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. 42542 OF 2022
PETITIONERS:

    1     RENJISHA K, PERUVADIKKOLLIYIL HOUSE,
          THIRUVANA PO, PORUNNANNOOR VILLAGE,
          MANANTHAWADY, WAYANAD - 670645.

    2     RAJESH K, PERUVADIKKOLLIYIL HOUSE,
          THIRUVANA PO, PORUNNANNOOR VILLAGE,
          MANANTHAWADY, WAYANAD - 670645.

          BY ADV RAHUL VENUGOPAL



RESPONDENTS:

    1     STATE OF KERALA, REPRESENTED BY THE SECRETARY TO
          GOVERNMENT, DEPARTMENT OF CO-OPERATION, GOVERNMENT
          SECRETARIAT, THIRUVANANTHAPURAM - 695 001.

    2     THE REGISTRAR OF CO-OPERATIVE SOCIETIES,
          OFFICE OF THE REGISTRAR OF CO-OPERATIVE SOCIETIES,
          JAWAHAR SAHAKARANA BHAVAN, DPI JUNCTION, THYCAUD P.O,
          THIRUVANANTHAPURAM, KERALA 695014.

    3     JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES, (GENERAL),
          KAINATTY, KALPETTA, WAYANAD, KERALA 673122.

    4     THARUVANA SERVICE CO-OPERATIVE BANK LTD. NO.F.521,
          PO THARUVANA, WAYANAD, REP.BY ITS PRESIDENT - 673121.

          BY ADV.SRI.JOSHY THANNICKAMATTAM, 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. 42542 OF 2022
                                 -2-

                           JUDGMENT

The petitioners allege that the notification

issued by the 4th respondent - 'Tharuvana Service

Co-operative Bank Ltd.' ('Society', for short),

is vitiated for the reason that statutory

reservations have not been provided therein, as

per Ext.P1 Circular. They say that they have,

therefore, preferred Ext.P3 representation

before the 3rd respondent - Joint Registrar of

Co-operative Societies; and seek a limited plea

that same be directed to be taken up and

disposed of, without any further delay.

2. In response to the afore submissions of

Sri.Rahul Venugopal - learned counsel for the

petitioners, learned Government Pleader -

Sri.Joshy Thannickamattam, submitted that, if

the petitioners only require Ext.P3

representation to be taken up and disposed of by WP(C) NO. 42542 OF 2022

the 3rd respondent, there does not appear to be

any legal impediment in doing so; however,

praying that this Court may not make any

affirmative declarations in their favour in this

judgment and leave it to the said Authority to

take an apposite decision as per law. He added

that this is more so because the 4th respondent -

Society will also have to be heard.

3. I am aware that this Court has not

issued notice to respondent No.4; but will still

be justified in disposing of this writ petition,

because the directions I propose herein will not

prejudice them at all.

Resultantly and taking note of the

submissions of Sri.Joshy Thannickamattam -

learned Government Pleader, I order this writ

petition and direct the 3rd respondent - Joint

Registrar, to take up Ext.P3 representation of

the petitioner and dispose of same, after WP(C) NO. 42542 OF 2022

hearing them, as also the competent official of

the 4th respondent; thus culminating in an

appropriate order and necessary action thereon,

as expeditiously as is possible, but not later

than one month from the date of receipt of a

copy of this judgment.

Needless to say, the appointments to be made

by the 4th respondent - Society will be abide by

the decision to be taken by the Joint Registrar

in terms of the afore directions.

Sd/-

DEVAN RAMACHANDRAN JUDGE akv WP(C) NO. 42542 OF 2022

APPENDIX PETITIONER'S/S EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE CIRCULAR NO.79/2011 ISSUED BY THE 2ND RESPONDENT DATED 9.11.11.

EXHIBIT P2 TRUE COPY OF THE VEEKSHANAM DAILY PAPER PUBLICATION DATED 7.10.22.

EXHIBIT P3 TRUE COPY OF THE REPRESENTATION FILED BY THE PETITIONERS BEFORE THE 3RD RESPONDENT DATED 08.12.22.

EXHIBIT P4 PRINTOUT OF THE REPLY FROM CHIEF MINISTERS IT CELL DATED 09.12.22.

RESPONDENT'S/S EXHIBITS : NIL.

//TRUE COPY// P.A. TO JUDGE