Kerala High Court
Thomas Kutty M Palathra vs Vazhappally Service ... on 20 May, 2022
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE SATHISH NINAN
FRIDAY, THE 20TH DAY OF MAY 2022 / 30TH VAISAKHA, 1944
WP(C) NO. 4718 OF 2022
PETITIONER:
1 THOMAS KUTTY M PALATHRA,
AGED 56 YEARS
S/O. LATE MATHEW M. PALATHRA, PALATHRA HOUSE,
VAZHAPPALLY P.O., PIN-686103, CHANGANACHERRY, KOTTAYAM
DISTRICT.
2 AJAY THOMAS PALATHRA,
AGED 41 YEARS
S/O. THOMAS P. PALATHRA, PALATHRA HOUSE, VAZHAPPALLY
P.O., PIN-686103, CHANGANACHERRY, KOTTAYAM DISTRICT.
BY ADVS.
M.P.MADHAVANKUTTY
MATHEW DEVASSI
ANANTHAKRISHNAN A. KARTHA
RESPONDENTS:
1 VAZHAPPALLY SERVICE CO-OPERATIVE BANK LTD NO.K 108,
H.O. VAZHAPPALLY P.O., CHANGANACHERRY, KOTTAYAM
DISTRICT-686103, REPRESENTED BY ITS SECRETARY.
2 THE SECRETARY,
VAZHAPPALLY SERVICE CO-OPERATIVE BANK LIMITED NO.K 108,
H.O. VAZHAPPALLY P.O. CHANGANACHERRY, KOTTAYAM
DISTRICT-686103.
3 PRESIDENT,
VAZHAPPALLY SERVICE CO-OPERATIVE BANK LIMITED NO.K 108,
H.O. VAZHAPPALLY P.O. CHANGANACHERRY, KOTTAYAM
DISTRICT-686103.
4 VICE PRESIDENT,
VAZHAPPALLY SERVICE CO-OPERATIVE BANK LIMITED NO.K 108,
H.O. VAZHAPPALLY P.O. CHANGANACHERRY, KOTTAYAM
DISTRICT-686103.
5 THE REGISTRAR OF CO-OPERATIVE SOCIETIES,
JAWAHAR SAHAKARAN BHAVAN, DPI JUNCTION, THYCAUD P.O.,
2
WP(C) NO. 4718 OF 2022
THIRUVANANTHAPURAM-695014.
6 THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES
(GENERAL),
OFFICE OF JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES
(GENERAL), COLLECTORATE BUILDING, K.K. ROAD, KOTTAYAM-
KUMILY ROAD, COLLECTORATE P.O., KOTTAYAM DISTRICT-
686002.
7 THE ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES
(GENERAL),
OFFICE OF THE ASSISTANT REGISTRAR OF CO-OPERATIVE
SOCIETIES, CHANGANACHERRY, KOTTAYAM DISTRICT-686101.
8 THE DIRECTOR,
CO-OPERATIVE VIGILANCE, VIKAS BHAVAN, LAW COLLEGE ROAD,
OPPOSITE KSRTC DEPOT, PALAYAM P.O., THIRUVANANTHAPURAM-
695033.
9 MATHEWS GEORGE,
BOARD MEMBER, KAVALAM HOUSE, NERAR PARL CHURCH,
CHANGANACHERRY, KOTTAYAM DISTRICT-686101.
10 SIBI P.C.,
MANAGER, VAZHAPPALLY SERVICE CO-OPERATIVE BANK LIMITED
NO. K 108, H.O. VAZHAPPALLY P.O., CHANGANACHERRY,
KOTTAYAM DISTRICT-686103.
11 SURESH M.R.,
ACCOUNTANT, VAZHAPPALLY SERVICE CO-OPERATIVE BANK
LIMITED NO. K 108, H.O. VAZHAPPALLY P.O.,
CHANGANACHERRY, KOTTAYAM DISTRICT-686103.
BY ADVS.
M.P.MADHAVANKUTTY
LAL GEORGE
SEBASTIAN VARGHESE(K/141/2000)
OTHER PRESENT:
G.P SMT. DEVISHREE.R
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
20.05.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
3
WP(C) NO. 4718 OF 2022
Sathish Ninan, J.
==============================
W.P.(C).No.4718 of 2022
==========================
Dated this the 20th day of May, 2022
JUDGMENT
Heard Sri.M.P.Madhavankutty the learned counsel for the
petitioners, Sri.Lal George the learned counsel for
respondents 1 and 2 and the learned Government Pleader.
2. Ext.P3 is stated to be a request made in terms of
Section 65(1)(d) of the Kerala Co-operative Societies Act
('the Act' for short) seeking initiation of enquiry in terms
of Section 65 of the Act, into the affairs of the Society. The
petitioners seek for action thereon. Respondents 1 and 2
contend that Ext.P3 does not satisfy the requirements mandated
under Section 65(1)(d).
3. Whether Ext.P3 satisfies the requirements of the
Section and if it does, is an enquiry under Section 65 to be
conducted, are matters to be considered by the authority.
The writ petition is disposed of directing the 6th
respondent - Joint Registrar, to consider Ext.P3 and pass
WP(C) NO. 4718 OF 2022
appropriate orders in the light of the above, as expeditiously
as possible and at any rate within a period of two months from
the date of receipt of a copy of this judgment. I make it
clear that I have not expressed anything on the merits of the
rival contentions.
Sd/-
Sathish Ninan, Judge
rsr
WP(C) NO. 4718 OF 2022
APPENDIX OF WP(C) 4718/2022
PETITIONER EXHIBITS
Exhibit P1 A TRUE COPY OF THE REPRESENTATION DATED
22/06/2020 BEFORE THE CO-OPERATIVE VIGILANCE
DIRECTOR, THIRUVANANTHAPURAM.
Exhibit P2 A TRUE COPY OF THE REPRESENTATION DATED
29/06/2019 BEFORE THE JOINT REGISTRAR OF CO-
OPERATIVE SOCIETIES, KOTTAYAM.
Exhibit P3 A TRUE COPY OF THE REPRESENTATION DATED
07/01/2022 BEFORE THE JOINT REGISTRAR OF CO-
OPERATIVE SOCIETIES, KOTTAYAM.
Exhibit P4 A TRUE COPY OF THE ACKNOWLEDGMENT DATED
10/01/2022 RECEIVED BY THE 2ND PETITIONER
WHILE SUBMITTING EXHIBIT P3 REPRESENTATION
ISSUED FROM THE OFFICE OF THE JOINT REGISTRAR
OF CO-OPERATIVE SOCIETIES, KOTTAYAM.
RESPONDENT EXHIBITS
Exhibit R2(a) TRUE PHOTOSTAT COPY OF THE ENTRY DATED
1.7.2019, DEPOSITING THE CHEQUE
Exhibit R2(b) TRUE PHOTOSTAT COPY OF THE PROCEEDINGS OF THE
SECRETARY DATED 4.7.2019 TO CORRECT THE
ENTRY.
Exhibit R2(c) TRUE PHOTOSTAT COPY OF THE RELEVANT PORTION
OF THE CANCELLED ENTRY ACCOUNT PERTAINING TO
KCC 4027, SHOWING THE DEBIT ENTRY.
Exhibit R2(d) TRUE PHOTOSTAT COPY OF THE WORK ORDER AND THE
PAYMENT EFFECTED IN THAT REGARD BY THE FORMER
SECRETARY .
Exhibit R2(e) TRUE PHOTOSTAT COPY OF THE MINUTES DATED
24.9.2019
Exhibit R2(f) TRUE PHOTOSTAT COPY OF THE RELEVANT PORTION
OF THE MINUTES OF THE DIRECTOR BOARD MEETING
WP(C) NO. 4718 OF 2022
HELD ON 6.1.2020 AND THE RESOLUTION NO.334
Exhibit R2(g) TRUE PHOTO COPY OF THE AFFIDAVIT
Exhibit R2(h) TRUE PHOTOSTAT COPY OF THE MARRIAGE
CERTIFICATE.
Exhibit R2 (i) TRUE PHOTOSTAT COPY OF THE DEATH CERTIFICATE
OF LATE SABU
Exhibit R2 (j) TRUE PHOTOSTAT COPY OF THE CONSENT LETTER
DATED 28.12.2021 SIGNED BY THE SIBLINGS OF
LATE SABU
Exhibit R2(j) TRUE PHOTOSTAT COPY OF THE LEGAL HEIRSHIP
CERTIFICATE DATED 27.10.2021
Exhibit R2(l) TRUE PHOTOSTAT COPY OF THE BILL DATED
13.6.2019 EVIDENCING THE PURCHASE OF RDBMS'S
Exhibit R2(m) TRUE PHOTOSTAT COPY OF THE BILL DATED
24.4.2020 SUBMITTED BY THE COCHIN COMPUTING
STUDIO AND RESEARCH CENTRE IN THIS REGARD.
Exhibit R2(n) TRUE PHOTOSTAT COPY OF THE RELEVANT PORTION
OF THE MINUTES OF THE DIRECTOR BOARD MEETING
HELD ON 3.6.2019 IN THE PRESENCE OF THE 1ST
PETITIONER.
Exhibit R2 (o) TRUE PHOTOSTAT COPY OF THE LETTER DATED
2.11.2021 ADDRESSED TO THE JOINT REGISTRAR OF
CO-OPERATIVE SOCIETIES, KOTTAYAM.
PETITIONER EXHIBITS
Exhibit P5 A TRUE COPY OF THE CIRCULAR NO.11/72
18/03/1972 BEARING NO.PL & C(3) 19124/71.
Exhibit P6 A TRUE COPY OF THE LETTER ISSUED TO
K.J.CHACKO BY ASSISTANT REGISTRAR (GENERAL(,
CHANGANACHERRY.
WP(C) NO. 4718 OF 2022
Exhibit P7 A TRUE COPY OF THE APPLICATION DATED
07/11/2019 SUBMITTED UNDER THE RIGHT TO
INFORMATION ACT.
Exhibit P8 A TRUE COPY OF THE REPLY TO EXHIBIT P7
APPLICATION GIVEN BY SECRETARY, VAZHAPPALLY
SERVICE CO-OPERATIVE BANK.
Exhibit P9 A TRUE COPY OF THE BANK DETAILS / STATEMENT
OF ACCOUNT OF THE DATE 13/01/2020 OF SOUTH
INDIAN BANK LTD., CHANGANACHERRY.
Exhibit P10 A TRUE COPY OF THE SOFTWARE LICENSE AND
IMPLEMENTATION AGREEMENT DATED 27/01/2018.
Exhibit P11 A TRUE COPY OF THE QUOTATION OF SOFTWARE
DATED 23/02/2006 ISSUED BY SIMS, KOTTAYAM.
Exhibit P12 A TRUE COPY OF THE CIRCULAR BEARING NO.5/2016
DATED 26/02/2016 BY THE REGISTRAR, CO-
OPERATIVES.
Exhibit P13 A TRUE COPY OF THE LETTER DATED 26/7/2021
ISSUED BY C.K.SREEDHARAN TO THE SECRETARY,
VAZHAPPALLY SERVICE CO-OPERATIVE BANK.
Exhibit P14 A TRUE COPY OF THE LEAVE LETTER ALLEGED TO BE
SUBMITTED BY THE ABOVE REFERRED
C.K.SREEDHARAN DATED 23/03/2021.
Exhibit P15 A TRUE COPY OF THE LEAVE LETTER ALLEGED TO BE
SUBMITTED BY THE ABOVE REFERRED
C.K.SREEDHARTAN DATED 28/12/2020.
Exhibit P16 A TRUE COPY OF THE LEAVE LETTER ALLEGED TO BE
SUBMITTED BY THE ABOVE REFERRED
C.K.SREEDHARAN DATED 22/09/2020.
