Shinu John vs The Joint Registrar Of Co-Operative ...
2023 Latest Caselaw 12759 Ker

Kerala High Court

Shinu John vs The Joint Registrar Of Co-Operative ... on 8 December, 2023

Author: T.R.Ravi

Bench: T.R.Ravi

W.P.(C)No.16387 of 2022                   1




                  IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                   PRESENT
                     THE HONOURABLE MR. JUSTICE T.R.RAVI
          FRIDAY, THE 8TH DAY OF DECEMBER 2023/17TH AGRAHAYANA, 1945
                           WP(C) NO. 16387 OF 2022
PETITIONER:

               SHINU JOHN.,
               AGED 33 YEARS
               S/O RAJU GEORGE, KUTTIYIL HOUSE,
               MYLAPRA TOWN P.O., PATHANAMTHITTA-689 678.
              BY ADVS.
              SRI P.N.MOHANAN
              SRI C.P.SABARI
              MS.AMRUTHA SURESH
              GILROY ROZARIO


RESPONDENTS:

      1        THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES (GENERAL),
               OFFICE OF THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES,
               4TH FLOOR CIVIL STATION,
               PATHANAMTHITTA-689 645.
      2        THE REGISTRAR OF CO-OPERATIVE SOCIETIES,
               DEPARTMENT OF CO-OPERATION, OFFICE OF THE REGISTRAR OF CO-
               OPERATIVE SOCIETIES, JAWAHAR SAHAKARANA BHAVAN, DPI
               JUNCTION, THYCAUD P.O.,
               THIRUVANANTHAPURAM - 695 014.
      3        THE STATE OF KERALA,
               REPRESENTED BY SECRETARY TO GOVERNMENT, CO-OPERATIVE
               DEPARTMENT, SECRETARIAT,
               THIRUVANANTHAPURAM - 695 001.
      4        THE MANAGING COMMITTEE OF MYLAPRA SERVICE CO-OPERATIVE BANK
               LTD. NO.639,
               REPRESENTED BY ITS PRESIDENT,
               MYLAPRA TOWN P.O.,
 W.P.(C)No.16387 of 2022                 2




             PATHANAMTHITTA-689 678.
      5      MYLAPRA SERVICE CO-OPERATIVE BANK LTD. NO.639,
             REPRESENTED BY ITS SECRETARY, MYLAPRA TOWN P.O.,
             PATHANAMTHITTA-689 678.
             BY ADVS.
             SRI BIMAL K.NATH, SR.GOVT.PLEADER
             SRI LIJI.J.VADAKEDOM
             SRI TOM E. JACOB



      THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
12.09.2023,        THE    COURT   ON   08.12.2023     DELIVERED   THE
FOLLOWING:
 W.P.(C)No.16387 of 2022                   3




                               T.R. RAVI, J.
                --------------------------------------------
                       W.P.(C)No.16387 of 2022
                --------------------------------------------
               Dated this the 8th day of December, 2023

                                JUDGMENT

The prayer in the writ petition is for a direction to the

Registrar of Co-operative Societies and the Government to take

appropriate action against the 4th and 5th respondents,

suspending or superseding the committee under Section 32 of

the Kerala Co-operative Societies Act, 1969 ('the Act' for short)

for a detailed enquiry to recover the loss sustained to the bank

under Section 68 of the Act. Since action has already been

initiated by issuance of notice, no separate directions are

required, particularly in view of the directions already issued in

the judgment even dated in W.P.(C)No.19688 of 2022, preferred

by the members of the Managing Committee of the 5 th

respondent Bank.

Sd/-

T.R. RAVI JUDGE dsn

APPENDIX OF WP(C) 16387/2022

PETITIONER EXHIBITS Exhibit P1 A TRUE COPY OF THE RELEVANT PAGES OF THE AUDITED BALANCE SHEET OF THE YEAR, 2020-

Exhibit P2 A TRUE COPY OF THE RELEVANT PAGES OF THE AUDIT NOTE OF THE YEAR 2020-2021 ALONG WITH COVERING LETTER DATED 25.04.2022 OF THE PUBLIC INFORMATION OFFICER.

Exhibit P3 A TRUE COPY OF THE FIR FILED BEFORE THE CHIEF JUDICIAL MAGISTRATE COURT, PATHANAMTHITTA DATED 20.04.2022 Exhibit P4 A TRUE OF THE NEWS PAPER REPORT DATED 19.04.2022 PUBLISHED IN MALAYALA MANORAMA Exhibit P5 A TRUE OF THE NEWS PAPER REPORT DATED 22.04.2022 PUBLISHED IN MALAYALA MANORAMA Exhibit P6 A TRUE OF THE NEWS PAPER REPORT DATED 23.04.2022 PUBLISHED IN MALAYALA MANORAMA Exhibit P7 A TRUE OF THE NEWS PAPER REPORT DATED 24.04.2022 PUBLISHED IN MALAYALA MANORAMA Exhibit P8 A TRUE OF THE NEWS PAPER REPORT DATED 26.04.2022 PUBLISHED IN MALAYALA MANORAMA Exhibit P9 A TRUE OF THE NEWS PAPER REPORT DATED 27.04.2022 PUBLISHED IN MALAYALA MANORAMA Exhibit P10 A TRUE OF THE NEWS PAPER REPORT DATED 28.04.2022 PUBLISHED IN MALAYALA MANORAMA Exhibit P11 A TRUE OF THE NEWS PAPER REPORT DATED 30.04.2022 PUBLISHED IN MALAYALA MANORAMA Exhibit P12 A TRUE OF THE NEWS PAPER REPORT DATED 1.05.2022 PUBLISHED IN MALAYALA MANORAMA Exhibit P13 A TRUE OF THE NEWS PAPER REPORT DATED

14.05.2022 PUBLISHED IN MALAYALA MANORAMA. Exhibit P14 A TRUE COPY OF THE COMPLAINT DATED 22.10.2020 FILED BY MR. GEEVARGHESE T.M. BEFORE THE REGISTRAR OF CO-OPERATIVE SOCIETIES.

Exhibit P15 A TRUE COPY OF THE COMPLAINT DATED 07.03.2022 SUBMITTED BY THE PETITIONER BEFORE THE REGISTRAR OF CO-OPERATIVE SOCIETIES Exhibit P16 TRUE COPY OF THE DETAILS OF THE LIST OF CO-

OPERATIVE SOCIETIES WHO ARE UNABLE TO DISBURSE THE DEPOSITS