Kerala High Court
The Mukkom Service Co-Operative ... vs The Assistant Registrar Of ... on 2 August, 2023
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE GOPINATH P.
WEDNESDAY, THE 2ND DAY OF AUGUST 2023 / 11TH SRAVANA, 1945
WP(C) NO. 21484 OF 2023
PETITIONERS:
1 THE MUKKOM SERVICE CO-OPERATIVE BANKLTD.NO. F 1241
MUKKOM, KOZHIKODE , REPRESENTED BY ITS SECRETARY, PIN -
673602
2 THE BOARD OF DIRECTORS OF THE MUKKOM SERVICE CO-
OPERATIVE BANK LTD.NO. F 1241
MUKKOM, KOZHIKODE , REPRESENTED BY ITS PRESIDENT, PIN -
673602
BY ADV P.P.JACOB
RESPONDENTS:
1 THE ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES (G)
KOZHIKODE, OFFICE OF THE ASSISTANT REGISTRAR OF
COROPERATIVE SOCIETIES (G), KOZHIKODE -PUTHLYARA,
KOZHIKODE ., PIN - 673004
2 THE JOINT REGISTRAR OF COROPERATIVE SOCIETIES (G)
KOZHIKODE, OFFICE OF THE JOINT REGISTRAR OF CO-
OPERATIVE SOCIETIES (G), PUTHIYARA, KOZHIKODE ., PIN -
673004
3 THE STATE CO-OPERATIVE ELECTION COMMISSION
THIRUVANANTHAPURAM, 3RD FLOOR, CO-BANK TOWER PALAYAM,
VIKAS BHAVAN.P.O., THIRUVANANTHAPURAM, REPRESENTED BY
ITS SECRETARY, PIN - 695033
OTHER PRESENT:
SMT. RESHMI THOMAS (GP)
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
02.08.2023, ALONG WITH WP(C).22997/2023, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
W.P (C) Nos.21484 & 22997/2023 -2-
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE GOPINATH P.
WEDNESDAY, THE 2ND DAY OF AUGUST 2023 / 11TH SRAVANA, 1945
WP(C) NO. 22997 OF 2023
PETITIONERS:
1 THE MUKKOM SERVICE CO-OPERATIVE BANK LTD.NO. F 1241
MUKKOM, KOZHIKODE , REPRESENTED BY ITS SECRETARY, PIN -
673602
2 THE BOARD OF DIRECTORS OF THE MUKKOM SERVICE CO-
OPERATIVE BANK LTD.NO. F 1241
MUKKOM, KOZHIKODE , REPRESENTED BY ITS PRESIDENT, PIN -
673602
BY ADV P.P.JACOB
RESPONDENTS:
1 THE ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES (G)
KOZHIKODE, OFFICE OF THE ASSISTANT REGISTRAR OF CO-
OPERATIVE SOCIETIES (G), KOZHIKODE -PUTHIYARA,
KOZHIKODE, PIN - 673004
2 THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES (G)
KOZHIKODE, OFFICE OF THE JOINT REGISTRAR OF CO-
OPERATIVE SOCIETIES (G), PUTHIYARA, KOZHIKODE, PIN -
673004
3 ADDL.R3. BABURAJAN K.A
BABURAJAN.K.A, AGED 53 YEARS, S/O APPUTTY,
METHALAKKUNNATH HOUSE, KALLURUTTY P.O, OMASSERY. [IS
IMPLEADED AS ADDITIONAL R3 AS PER ORDER DATED
20.07.2023 IN WP(C) 22997/2023]
BY ADVS.
JAIBY PAUL
ANITA GLENDA PHILIP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
02.08.2023, ALONG WITH WP(C).21484/2023, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
W.P (C) Nos.21484 & 22997/2023 -3-
JUDGMENT
Owing to subsequent orders passed by the Joint Registrar of Co-operative
Societies, the reliefs sought for in these writ petitions have essentially become
infructuous.
Therefore these writ petitions are dismissed as infructuous, leaving open all
contentions taken.
Sd/-
GOPINATH P.
JUDGE
AMG
APPENDIX OF WP(C) 22997/2023
PETITIONER EXHIBITS
Exhibit P1 TRUE PHOTOCOPY OF THE ORDER ISSUED BY THE JOINT
REGISTRAR DATED 28.12.2020
Exhibit P2 TRUE PHOTOCOPY OF THE ORDER DATED 5.8.2021
APPOINTING ADMINISTRATOR ISSUED BY THE SECOND
RESPONDENT
Exhibit P3 TRUE PHOTOCOPY OF THE NOTICE ISSUED BY SECOND
RESPONDENT APPOINTING ADMINISTRATIVE COMMITTEE DATED
25.8.21
Exhibit P4 TRUE PHOTOCOPY OF THE ORDER ISSUED BY THE SECOND
RESPONDENT DATED 31.8.2021
Exhibit P5 TRUE PHOTOCOPY OF THE JUDGMENT IN W.P.(C) 18074/21
DATED 7.9.2021
Exhibit P6 TRUE PHOTOCOPY OF THE ORDER IN W.P.(C) 22750/2021
DATED 26.10.2021
Exhibit P7 TRUE PHOTOCOPY OF THE COMMON JUDGMENT IN W.A 1250/21
AND W.A 1310/21 DATED 25.1.2022
Exhibit P8 TRUE PHOTOCOPY OF THE JUDGMENT IN W.P.(C) 27113/2021
DATED 4.12.21
Exhibit P9 TRUE PHOTOCOPY OF THE ORDER ISSUED BY THE JOINT
REGISTRAR DATED 15.11.2022
Exhibit P10 TRUE PHOTOCOPY OF THE JUDGMENT IN W.P.(C) 40784/2022
DATED 5.1.2023
Exhibit P11 TRUE PHOTOCOPY OF THE NOTICE ISSUED BY THE SECOND
RESPONDENT DATED 13.6.2023
Exhibit P12 TRUE PHOTOCOPY OF THE NOTICE DATED 24.6.2023
Exhibit P13 TRUE PHOTOCOPY OF THE OBJECTION FIELD BY THE
PETITIONERS BEFORE THE SECOND RESPONDENT
Exhibit P14 TRUE PHOTOCOPY OF THE NOTICE U ISSUED BY SECOND
RESPONDENT DATED 10.7.23 UNDER SECTION 32(1) OF THE
ACT SERVED THROUGH SPECIAL MESSENGER
Exhibit P15 TRUE PHOTOCOPY OF THE REPRESENTATION DATED 12.7.23
SUBMITTED BY THE PETITIONERS TO THE SECOND
RESPONDENT BY REGISTERED POST
RESPONDENT EXHIBITS
EXHIBIT-R3(a) True copy of the common judgement dated 15.06.2022
in Writ Petition No.29977 of 2019 and 10415 of 2020.
EXHIBIT-R3(b) True copy of the reference letter No. B/1388/2023
dated 19.05.2023 with enquiry report dated
30.04.2023.
EXHIBIT-R3(c) True copy of the proceedings of - Co-operative Joint
Registrar (General) Kozhikode No. CRP(1)1324/2022
dated 19.07.2023.
PETITIONER EXHIBITS
Exhibit P16 A TRUE COPY OF ORDER DATED 19.07.2023 ISSUED BY THE
JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES(GENERAL),
KOZHIKODE
APPENDIX OF WP(C) 21484/2023
PETITIONER EXHIBITS
Exhibit P1 TRUE PHOTOCOPY OF THE RESOLUTION NO. 5 DATED
24.06.23 ADOPTED BY THE MANAGING COMMITTEE OF THE
FIRST PETITIONER SOCIETY SENT TO THE THIRD
RESPONDENT BY EMAIL.
Exhibit P2 TRUE PHOTOCOPY OF THE EMAIL RECEIPT DATED 24.6.23
Exhibit P3 TRUE PHOTOCOPY OF THE RESOLUTION WITH DOCUMENTS
ALONG WITH COVERING LETTER DATED 24.6.23 FORWARDED
TO THE FIRST RESPONDENT.
Exhibit P4 TRUE PHOTOCOPY OF THE JUDGMENT IN W.P.(C) 659/22
DATED 2.2.2022
Exhibit P5 TRUE PHOTOCOPY OF THE JUDGMENT IN W.P.(C) 27113/21
DATED 4.12.21
Exhibit P6 THE 2ND PETITIONER COMMITTEE DOES NOT EXIST AFTER
THE ORDER NO.C.R.P.(1)1324/2022 OF SUPERSESSION
DATED 19.07.2023.
