Ashraf Panayathil vs State Of Kerala
2022 Latest Caselaw 1633 Ker

                 IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                   PRESENT
                 THE HONOURABLE MR. JUSTICE SATHISH NINAN
         TUESDAY, THE 15TH DAY OF FEBRUARY 2022 / 26TH MAGHA, 1943
                          WP(C) NO. 4924 OF 2022
PETITIONERS:

     1       ASHRAF PANAYATHIL ,
             AGED 44 YEARS

             PANAYATHIL HOUSE,
             PALAKKAPARAMBU, CHIRAYIL P.O. , MALAPPURAM 673 638.

     2       AHAMMED KABEER PERUMBILAYI,
             PARAMMAL HOUSE, POTHUVATTIPPARA, NEDIYIRUPPU P.O.,
             MALAPPURAM 673 638.

     3       SAKEER KUTTAN KAVIL,
             ARIPPATTHODY HOUSE, MELEPARAMBU, CHIRAYIL P.O. ,MALAPPURAM
             673 638.

     4       MOOSA KAVUNGAL AREEKKATTU,
             KAVUNGAL AREEKATTU HOUSE, COLONY ROAD, KONDOTTY P.O.,
             MALAPPURAM 673 638.

     5       SAISALAVI PRINKDAKKATU (BAVA),
             BASIL MANZIL HOUSE, KODANGAD, KONDOTTY P.O., MALAPPURAM 673
             638.

     6       HARIDASAN CHERI,
             VELATTUPURAI HOUSE, MUSLIYARANGADI, NEDIYIRUPPU P.O.,
             MALAPPURAM 673 638.

     7       ABIDA AYYOLI,
             AYYOLI HOUSE, KARIMUKKU ROAD, KOTTUKKARA, KONDOTTY P.O.,
             MALAPPURAM 673 638.

     8       FATHIMA KARALIL,
             KARALIL HOUSE, CHIRAYIL MUKKOOD, CHIRAYIL P.O., MALAPPURAM
             673 638.

             BY ADVS.
             DIPU.R
             K.S.BAIJU
             DEVI KRIPA R.
             P.V.SARITHA VENUGOPAL
             NEETHU SASI
             DHANYA BABU
 WP(C) NO. 4924 OF 2022                  -2-


RESPONDENTS:

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

     2      THE REGISTRAR OF CO- OPERATIVE SOCIETIES,
            KERALA, OFFICE OF THE REGISTRAR OF CO OPERATIVE SOCIETIES,
            STATUE, THIRUVANANTHAPURAM 695 001.

     3      THE JOINT REGISTRAR OF CO - OPERATIVE SOCIETIES,
            (GENERAL), MALAPPURAM, OFFICE OF THE JOINT REGISTRAR OF CO-
            OPERATIVE SOCIETIES (GENERAL), B2 BLOCK, CIVIL STATION,
            MALAPPURAM 676 505.

     4      ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES,
            (GENERAL),
            KONDOTTY, OFFICE OF THE ASSISTANT REGISTRAR OF CO
            -OPERATIVE SOCIETIES, (GENERAL) KONDOTTY P.O, MALAPPURAM
            673 638.

     5      KERALA STATE CO OPERATIVE ELECTION COMMISSION,
            REPRESENTED BY CO - OPERATIVE ELECTION COMMISSIONER, OFFICE
            OF THE KERALA STATE CO - OPERATIVE ELECTION COMMISSION, 3RD
            FLOOR, CO - BANK TOWERS, VIKAS BHAVAN, P.O,
            THIRUVANANTHAPURAM 695 033.

     6      THE NEDIYIRUPPU SERVICE CO -OPERATIVE BANK LTD, NO. D-1934,

            REPRESENTED BY ITS SECRETARY, KONDOTTY P.O., MALAPPURAM 673
            638.

     7      MUNDASSERI MUJEEB RAHMAN,
            MANGATTU HOUSE, MUSLIYARANGADI, NEDIYIRUPPU P.O.,
            MALAPPURAM 673 638.




            SRI. SHAMEER P.M, GOVT. PLEADER




     THIS   WRIT   PETITION   (CIVIL)   HAVING   COME   UP   FOR   ADMISSION   ON
15.02.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
                          SATHISH NINAN, J.
              = = = = = = = = = = = = = = = = = =
                    W.P.(C) No.4924 of 2022
              = = = = = = = = = = = = = = = = = =
           Dated this the 15th day of February, 2022

                          J U D G M E N T

The motion of no-confidence moved against the

second respondent was passed by the Committee. The same

was cancelled by the third respondent-Joint Registrar as

per Ext.P5 order dated 12.01.2022. Challenging the same,

the petitioners have filed Ext.P6 appeal and Ext.P7 stay

petition before the first respondent. The petitioner

seeks for expeditious orders in the stay petition.

2. Heard the learned counsel for the petitioner and

the learned Senior Government Pleader.

3. The learned counsel for the petitioner, placing

reliance on Section 28(AB) of the Co-operative Societies

Act read with Section 2(n) and the judgment of this

Court in Mattachan v. Joint Registrar [2006 (2) KLT 45] contends

that a motion of no-confidence can be maintained against

any member of the Committee and that Ext.P5 order cannot

be sustained.

W.P.(C) No.4924 of 2022

4. I do not propose to go into the merits of the

contentions in the light of the pendency of the

statutory appeal. All the contentions of the parties are

left open.

Writ petition is disposed of directing the first

respondent to consider and pass appropriate orders on

Ext.P7 stay petition, with due notice to the opposite

side, as expeditiously as possible and at any rate

within a period of three weeks from the date of receipt

of a copy of this judgment.

Sd/-

SATHISH NINAN JUDGE

kns/-

//True Copy// P.S. to Judge APPENDIX OF WP(C) 4924/2022

PETITIONER EXHIBITS

Exhibit P1 THE TRUE COPY OF THE NOTIFICATION WITH O.

01/1470/2019/E (1), S.C.E.C. DATED 05.10.2019 ALONG WITH ORDER.

Exhibit P2 THE TRUE COPY OF NOTICE DATED 02.11.2021 SUBMITTED BY THE ADMINISTRATIVE COMMITTEE MEMBERS OF THE 6TH RESPONDENT BANK TO THE 2ND RESPONDENT THROUGH THE 4TH RESPONDENT.

Exhibit P3 THE TRUE COPY OF NOTICE DATED 19.11.2021 ISSUED BY THE 4TH RESPONDENT.

Exhibit P4 THE TRUE COPY OF THE RELEVANT PAGES OF THE MINUTES BOOK OF THE 6TH RESPONDENT.

Exhibit P5 THE TRUE COPY OF ORDER WITH FILE NO.

JRMPM/1935/2021- CRPI, DATED 12/01/2022.

Exhibit P6 THE TRUE COPY OF APPEAL FILED BY THE PETITIONERS DATED 24.01.2022 BEFORE THE IST RESPONDENT.

Exhibit P7 THE TRUE COPY OF STAY PETITION FILED BY THE PETITIONERS DATED 24.01.2022 BEFORE THE IST RESPONDENT.

Exhibit P8 THE TRUE COPY OF POSTAL RECEIPT WITH NO.

RL964673809 IN.

Exhibit P9 THE TRUE COPY OF TRACK CONSIGNMENT STATUS OF RL 964673809 IN.

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