Shamna.S vs The Joint Registrar Of ...
2022 Latest Caselaw 11012 Ker

           IN THE HIGH COURT OF KERALA AT ERNAKULAM
                            PRESENT
         THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
 THURSDAY, THE 3RD DAY OF NOVEMBER 2022 / 12TH KARTHIKA, 1944
                    WP(C) NO. 2188 OF 2021
PETITIONERS:

    1     SHAMNA.S
          AGED 39 YEARS
          W/O MANSOOR,
          KOLLASSERIL HOUSE, MARUTHOOR KULANGARA SOUTH,
          ALUMKADAV POST, KARUNAGAPPALLY,
          KOLLAM DISTRICT, PIN-690573.
    2     REMYA R *[DELETED]
          AGED 36 YEARS
          W/O SATHEESH KUMAR S,
          KANDATHIL VADAKKATH HOUSE, ADINAD SOUTH,
          KATTILKADAV POST, KARUNAGAPPALLY,
          KOLLAM DISTRICT, PIN-690542.
          * (2ND PETITIONER IS DELETED FROM THE PARTY ARRAY AS
          PER ORDER DATED 17.02.2022 IN I.A.1/2022 IN
          WP(C)2188/2021.)
    3     RIHAS RASHEED
          AGED 26 YEARS
          S/O RASHEED,
          PUTHANPURAYIL HOUSE, ADINAD SOUTH,
          KATTILKADAV POST, KARUNAGAPPALLy,
          KOLLAM DISTRICT, PIN-690542.
          BY ADV ARUN CHANDRAN


RESPONDENTS:

    1     THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES
          OFFICE OF THE JOINT REGISTRAR OF CO-OPERATIVE
          SOCIETIES(GENERAL), 2ND FLOOR, COLLECTORATE,
          CUTCHERY, KOLLAM DISTRICT, PIN-691013.
    2     THE KULASEKHARAPURAM SERVICE CO-OPERATIVE
          BANK LIMITED NO. 995, KATTILKADAV POST OFFICE,
          KARUNAGAPPALLY, KOLLAM DISTRICT, PIN-690542,
          REPRESENTED BY ITS SECRETARY.
    3     THE BOARD OF DIRECTORS/
          MANAGING COMMITTEE, THE KULASSEKHARAPURAM SERVICE
          COOPERATIVE BANK LIMITED NO. 995, KATTILKADAV POST
          OFFICE, KARUNAGAPPALLY, KOLLAM DISTRICT,
          PIN-690542, REPRESENTED BY ITS SECRETARY.
    4     FARIDA RAJ
          D/O RAJAN PILLAI, CHAMPANKOTT HOUSE,
 WP(C) NO. 2188 OF 2021                2

          ADINAD SOUTH,
          KATTILKADAV POST, KARUNAGAPPALLY,
          KOLLAM DISTRICT, PIN-690542,
          NOW RESIDING AT THATTUPURAYKKAL HOUSE,
          KLAPPANA POST OFFICE, KARUNAGAPPALY, KOLLAM
          DISTRICT, PIN-690546.
     5    AKSHAY H
          S/O HARI KUTTAN,
          AKSHARALAYAM, ADINAD SOUTH, KATTILKADAV POST,
          KARUNGAPPALLY, KOLLAM DISTRICT, PIN CODE-690542.
          BY ADVS.
          SRI.D.SOMASUNDARAM
          SRI.T.R.HARIKUMAR
          SRI.ARJUN RAGHAVAN

             SMT.PARVATHY.K-GP


      THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON   03.11.2022,   THE   COURT   ON       THE   SAME   DAY   DELIVERED   THE
FOLLOWING:
 WP(C) NO. 2188 OF 2021             3

                            JUDGMENT

It is obvious from the pleadings on record that petitioners are

making certain unsubstantiated allegations with respect to the

recruitment and appointments made by the 2nd respondent - Society.

2. I, therefore, asked Sri.Arun Chandran - learned counsel for

the petitioner, how his client would be in a position to substantiate

the allegations, particularly that appointment of respondents 4 and 5

were 'fixed' for illegal gratification, to which, he submitted that his

clients are constrained by access to proper information.

3. Sri.T.R.Harikumar - learned counsel appearing for

respondents 4 and 5 and Sri.D.Somasundaram -learned Standing

Counsel appearing for respondents 2 and 3, vehemently submitted

that the allegations of the petitioners are not merely untenable but

malicious, because appointments were made after a valid process

involving a written test and interview. They submitted that,

therefore, unless the petitioners are able to cogently demonstrate

that there is any error in the said process, this writ petition cannot

succeed.

4. I must say that there is substantial force in the submissions

afore made on behalf of the respondents because, the allegations of

the petitioners are hinged on uncorroborated facts which this Court

cannot consider or evaluate while acting under Article 226 of the

Constitution of India.

5. Indubitably, therefore, the petitioners must invoke their

alternative remedies, if any, as are available to them; and I am

certain that if this is done they must also be allowed to impel all their

contentions.

Resultantly, with liberty being reserved to the petitioners to

invoke every other remedy that may be eligible to them as per the

statutory scheme, I close this writ petition, without entering into the

merits of the rival contentions and leaving them all open.

Sd/-

DEVAN RAMACHANDRAN JUDGE MC/3.11

APPENDIX OF WP(C) 2188/2021

PETITIONER EXHIBITS EXHIBIT P1 TRUE COPY OF THE NOTIFICATION PUBLISHED IN THE MATHRUBHUMI DAILY DATED 27/12/2020.

EXHIBIT P2 TRUE COPY OF THE ADMIT CARD ISSUED TO THE 1ST PETITIONER TO WRITE EXAMINATION TO THE POST OF PHARMACIST.

EXHIBIT P2(A) TRUE COPY OF THE ADMIT CARD ISSUED TO THE 2ND PETITIONER TO WRITE EXAMINATION TO THE POST OF HELPER/SALESMAN.

EXHIBIT P2(B) TRUE COPY OF THE ADMIT CARD ISSUED TO THE 3RD PETITIONER TO WRITE EXAMINATION TO THE POST OF HELPER/SALESMAN.

EXHIBIT P3 TRUE COPY OF THE COMPLAINT FILED BY THE 1ST PETITIONER BEFORE THE 1ST RESPONDENT DATED 25/01/2021.

EXHIBIT P3(A) TRUE COPY OF THE COMPLAINT FILED BY THE 2ND PETITIONER BEFORE THE 1ST RESPONDENT DATED 25/01/2021.

EXHIBIT P3(B) TRUE COPY OF THE COMPLAINT FILED BY THE 3RD PETITIONER BEFORE THE 1ST RESPONDENT DATED 25/01/2021.