Kerala High Court
Sureshkumar vs The Secretary on 3 June, 2022
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS
&
THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN
Friday, the 3rd day of June 2022 / 13th Jyaishta, 1944
WA NO. 354 OF 2022
AGAINST JUDGMENT DATED 21.12.2021 IN WP(C) 29884/2021 OF THIS COURT
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APPELLANTS/LEAVE PETITIONERS & 3RD RESPONDENT IN WPC:
1. SURESHKUMAR, AGED 37 YEARS,S/O.RAJAPPAJN,'THIRUVATHIRA',MOKKIL
PARAVAZHINHI VEEDU,THOCHIYOOR,CHENKAL P.O.,THIRUVANANTHAPURAM
DISTRICT,PIN 695 132.
2. SHERLY JASMINE, AGED 52 YEARS,D/O.YESUDAS,'ISHARATH',T.C.18/667
(1),AMBEDKAR ROAD,PUNNAKKAMUKAL,ARAMADA P.O.,PIN-695
032.THIRUVANANTHAPURAM DISTRICT.
3. SOLOMON ALEX, AGED 69 YEARS,S/O.K.ALEXANDER,ALEX
COTTAGE,VAZHUTHOOR,NEYYATTINKARA P.O.. THIRUVANANTHAPURAM-695 121.
BY ADV.SRI.M.SASINDRAN
RESPONDENTS/PETITIONER AND RESPONDENTS 1 AND 2:
1. THE SECRETARY, NEYYATTINKARA PRIMARY CO-OPERATIVE AGRICULTURAL AND
RURAL DEVELOPMENT BANK LTD.NO.T 417,NEYYATTINKARA P.O.-695
121.THIRUVANANTHAPURAM DISTRICT.
2. THE DEPUTY SUPERINTENDENT OF POLICE, NEYYATTINKARA,NEYYATTINKARA
P.O.,THIRUVANANTHAPURAM-695 121.
3. THE STATION HOUSE OFFICER, NEYYATTINKARA POLICE
STATION,NEYYATTINKARA,THIRUVANANTHAPURAM-695 121.
BY ADV.SMT.NISHA GEORGE FOR R1
SENIOR GOVERNMENT PLEADER FOR R2 & R3
Prayer for interim relief in the Writ Appeal stating that in the
circumstances stated in the appeal memorandum, the High Court be pleased
to issue an interim order staying all further proceedings pursuant to the
decisions taken in the general body meeting of the first respondent
society, held based on as per the direction issued in judgment dated
21-12-2021 in W.P.(C) No.29884 of 2021, pending disposal of the above writ
appeal.
This Writ Appeal coming on for orders on 03/06/2022 upon perusing
the appeal memorandum, the court on the same day passed the following:
P.T.O.
ALEXANDER THOMAS & SHOBA ANNAMMA EAPEN, JJ.
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WA No. 354 of 2022
[arising out of the impugned judgment dated 21.12.2021
in WP(C) No. 29884/2021]
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Dated this the 3rd day of June, 2022
ORDER
Smt.Nisha George, learned counsel, has taken notice for the 1 st
respondent and learned Senior Government Pleader has taken notice for
official respondents 2 & 3.
2. The Registry will show the name of the aforesaid Advocates in the
cause list.
3. Service complete. Hence, the defect regarding non receipt of
process will stand cured.
4. Sri.M.Sasindran, learned counsel appearing for the appellants in
the writ appeal, would submit that the respondent Co-operative Society has
altogether about 5300 members on the roll and that, the General Body Meeting
convened was one for consideration of amendment of the bylaws by the
General Body and certain other related matters and that, the learned Single
Judge, as per the impugned judgment, directed that not more than 150 persons
are allowed to congregate in the hall in question and further that, such
members should necessarily carry their identity cards for entering the hall.
Further that, in view of these directions, the respondent Co-operative Society
permitted only 150 members to attend the General Body Meeting though
WA No. 354 of 2022
altogether about 5300 members have the legal right to attend so. Further that,
the respondent Co-operative Society also insisted that such persons, who are
given access to the hall in question, should necessarily carry their identity
cards issued by the Co-operative Society, which only meant for the purpose of
election, and other identity cards like Aadhar, Election Commission Card etc.,
were not permitted. That, the main direction issued by the learned Single
Judge that not more than 150 persons shall be allowed to congregate for a
meeting at the given time was beyond the powers of a judicial board and more
so, particularly, in a case where the subject matter of the case is for police
protection. Further, learned counsel would state that the impugned meeting
has already taken place on 22.12.2021 and it is learnt that in the said meeting,
they had purportedly passed certain amendments to the bylaws, and such
amendments are illegal and ultra vires. Further that, the appellants have been
advised to move requisite application before the notified Registrar, viz., the
Joint Registrar of Co-operative Societies, Thiruvananthapuram, to exercise his
jurisdictional powers under Section 66 of the Kerala Co-operative Societies
Act read with Rule 176 of the Kerala Co-operative Societies Rules for
rescinding resolutions and Section 13 of the Kerala Co-operative Societies Act
and to urge before the Joint Registrar that the very conduct of the General
Body is illegal and ultra vires and, therefore, the amendments should be
disapproved and rejected and may not be registered and that this Court may
also order that nothing in the impugned judgment will stand in the way of the
WA No. 354 of 2022
Joint Registrar from independently exercising the discretion for consideration
of the above said pleas of the appellants after hearing the appellants, affected
persons, the Co-operative Society etc.
5. Learned counsel for the 1st respondent may get instructions on the
above said aspects. So also, the learned Senior Government Pleader will get
specific instructions on these aspects from the Joint Registrar of Cooperative
Societies, Thiruvananthapuram.
6. Further, Sri.M.Sasindran, learned counsel for the appellants,
would submit that permission may be granted to state that the appellants have
been advised to file separate application for impleadment of the Joint
Registrar of Co-operative Societies, Thiruvananthapuram, as additional party
in this writ appeal.
List the case in the admission list on 09.06.2022.
Hand over to both sides
Sd/-
ALEXANDER THOMAS
JUDGE
Sd/-
SHOBA ANNAMMA EAPEN
JUDGE
bka/-
03-06-2022 /True Copy/ Assistant Registrar
