Kundara Subramanyam vs The Assistant Registrar Of ...
2022 Latest Caselaw 2118 Ker

                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
                THE HONOURABLE MR. JUSTICE SATHISH NINAN
   THURSDAY, THE 24TH DAY OF FEBRUARY 2022 / 5TH PHALGUNA, 1943
                        WP(C) NO. 15440 OF 2018
PETITIONER/S:

          KUNDARA SUBRAMANYAM, S/O.SUKUMARAN,INDIRAJI
          BHAVAN,MULAVANA.P.O,KUNDARA,KOLLAM DISTRICT.
          BY ADVS.
          SRI.V.G.ARUN
          SRI.ARJUN RAGHAVAN
          SRI.ADITHYA RAJEEV
          SRI.T.R.HARIKUMAR


RESPONDENT/S:

    1     THE ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES
          (GENERAL)
          KOLLAM,KOLLAM DISTRICT-691013.
    2     THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIESGENERAL
          KOLLAM,KOLLAM DISTRICT-691001.
    3     THE KUNDRA PANCHAYAT SERVICE CO-OPERATIVE BANK
          LTD.NO.401
          REPRESENTED BY ITS SECRETARY,KUNDRA.P.O,KOLLAM
          DISTRICT-691501.
    4     T.V.MAMACHAN
          PRESIDENT,KUNDRA PANCHAYAT SERVICE CO-OPERATIVE BANK
          LTD.NO.401,KUNDRA.P.O,KOLLAM DISTRICT-691501.
    5     BABY JOHN
          KOCHUVEETIL POIKAYIL,KUNDARA.P.O,KOLLAM DISTRICT-
          691501.

          SRI.P.C.SASIDHARAN, SC
          SR.G.P: SMT. RESMI K.M


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
24.02.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
      WP(C) NO. 15440 OF 2018                  2


                                   JUDGMENT

The issue involved relates to the

disqualification of the petitioner to be a member

of the society. The proceedings were initiated in

terms of Rule 16(4) of the Kerala Co-operative

Societies Rules. The petitioner was disqualified

as per Ext.P15 order. The same was challenged

before this Court in W.P.(C)No.15440/2018, which

was dismissed.

2. The petitioner took up the matter in Writ

Appeal. Along with the Writ Appeal certain

additional documents were produced. The Division

Bench dismissed the appeal granting liberty to the

petitioner to move a Review Petition before the

learned Single Judge. Pursuant thereto, a Review

Petition was filed and was allowed by the learned

Single Judge. Thus the Writ Petition has come up

for fresh consideration.

3. Now, admittedly, fresh documents have been

produced in relation to the proceedings. The

entire proceedings needs to be considered afresh.

Accordingly, Ext. P15 order cancelling the

membership of the petitioner is quashed. The Joint

Registrar shall dispose of the matter denovo, with

due notice to both sides. Both parties will be

entitled to produce relevant documents and an

opportunity of hearing. Fresh orders to be passed

within a period of two months from the date of

receipt of a copy of this judgment.

Sd/-

SATHISH NINAN JUDGE

sd

APPENDIX OF WP(C) 15440/2018

PETITIONER EXHIBITS EXHIBIT P1 A TRUE COPY OF THE RELEVANT PAGE OF THE BYELAWS OF THE 3RD RESPONDENT SOCIETY EXHIBIT P2 A TRUE COPY OF THE IDENTITY CARD ISSUED TO THE PETITIONER AT THE TIME OF ACQUIRING MEMBERSHIP EXHIBIT P3 A TRUE COPY OF PETITIONER'S AADHAAR CARD EXHIBIT P4 A TRUE COPY OF THE ELECTION NOTICE PUBLISHED BY THE PETITIONER'S PANEL EXHIBIT P5 A TRUE COPY OF THE NOTICE OF INTENTION TO MOVE THE NO-CONFIDENCE MOTION ALONG WITH RECEIPT DATED 16.08.2017 EXHIBIT P6 A TRUE COPY OF THE NOTICE ISSUED BY THE 1ST RESPONDENT DATED 21.08.2017 EXHIBIT P7 A TRUE COPY OF THE INTERIM ORDER DATED 30.08.2017 IN WP(C)NO.28557 OF 2017 EXHIBIT P8 A TRUE COPY OF THE NOTICE DATED 31.08.2017 ISSUED BY THE 2ND RESPONDENT.

EXHIBIT P9 A TRUE COPY OF THE STATEMENT GIVEN BY THE PETITIONER DATED 13.09.2017 EXHIBIT P10 A TRUE COPY OF THE NOTICE NO.CRP6390/17 DATED 26.10.2017 EXHIBIT P11 A TRUE COPY OF THE JUDGMENT DATED 11.04.2018 IN WP(C)NO.29485 OF 2017 AND CONNECTED CASES EXHIBIT P12 A TRUE COPY OF THE COVERING LETTER DATED 17.04.2018 EXHIBIT P13 A TRUE COPY OF THE COMPLAINT SUBMITTED BEFORE THE REGISTRAR OF CO-OPERATIVE SOCIETIES DATED 23.04.2018 EXHIBIT P14 A TRUE COPY OF THE NOTICE ISSUED BY THE UNIT INSPECTOR,KUNDARA DATED 02.05.2018 EXHIBIT P15 A TRUE COPY OF THE ORDER NO.CRP6390/2018/K.DIS DATED 02.05.2018 ISSUED BY THE 2ND RESPONDENT EXHIBIT P16 A TRUE COPY OF THE ENVELOP UNDER WHICH EXT-P15 WAS SERVED ON THE PETITIONER. EXHIBIT P17 A TRUE COPY OF THE LOCATION SKETCH ISSUED BY THE VILLAGE OFFICER, MULAVANA, DATED 23-3-2020 EXHIBIT P18 A TRUE COPY OF THE SALE DEED NO-1442/L/2017 DATED 20.5.2017 EXHIBIT P19 A TRUE COPY OF THE JUDGMENT DATED 5.6.2020

IN W.A. NO-701/2020 EXHIBIT P20 A TRUE COPY OF THE CARD ISSUED FROM THE KUNDRA GRAMA PANCHAYATH SHOWING THE HOUSE NUMBER AND WARD.

RESPONDENTS'EXHIBITS EXHIBIT R4(a) TRUE COPY OF THE INFORMATION OBTAINED UNDER THE RTI ACT EXHIBIT R4(b) TRUE COPY OF THE LETTER DATED 25/06/2019 ISSUED BY THE SECRETARY OF PERAYAM SCB EXHIBIT R4(c) TRUE COPY OF THE LETTER DATED 14/10/2019 ISSUED BY THE SECRETARY OF PERAYAM SCB