Kerala High Court
Sunish.T.S vs State Of Kerala on 12 January, 2023
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
THURSDAY, THE 12TH DAY OF JANUARY 2023 / 22ND POUSHA, 1944
WP(C) NO. 41059 OF 2022
PETITIONER:
SUNISH.T.S
S/O.SUDARSANAN,
DARSANAM, MUTTAPPALAM.P.O,
VARKALA, THIRUVANANTHAPURAM, PIN - 695141
BY ADVS.
K.P.SUJESH KUMAR
KEERTHI K.NARAYANAN
S.SHALU
AJITHA KUMARI M.M.
ASWIN B.
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY THE SECRETARY TO THE GOVERNMENT,
DEPARTMENT OF CO-OPERATIVE SOCIETIES, SECRETARIAT,
THIRUVANANTHAPURAM, PIN - 605001
2 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, PIN - 695014
3 THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES
(GENERAL), OFFICE OF THE JOINT REGISTRAR
THIRUVANANTHAPURAM, PIN - 695001
4 CHEMMARUTHY SERVICE CO-OPERATIVE BANK LTD.
NO.T-328, PANAYARA P.O., VARKALA,
THIRUVANANTHAPURAM, PIN - 695145
REPRESENTED BY ITS PRESIDENT
SMT.PARVATHY.K - GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 12.01.2023, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
WP(C)No. 41059 of 2022
:2:
DEVAN RAMACHANDRAN, J.
=========================
W.P.(C) No.41059 of 2022
==========================
Dated this the 12th day of January, 2023
JUDGMENT
The petitioner says that even though the 4th respondent -
Chemmaruthy Service Co-operative Bank Ltd. ('Society', for
short), had conducted a written examination, pursuant to
Ext.P1 notification, for filling up the posts of Peon, Collection
Agent and Part-time Sweepers in their services, no further
action has been taken. He, therefore, prays that 4 th
respondent be directed to declare the results of the written
examination conducted pursuant to the afore notification and
to complete the selection processes, within a time frame to be
fixed by this Court.
2. The afore submissions of the petitioner, as argued by
his learned counsel - Sri.Sujesh Kumar, were answered by
the learned Government Pleader - Smt.Parvathy Kottol, saying
that it is for the 4th respondent to either decide to complete
the proceedings or to cancel it for cogent reasons and that the
WP(C)No. 41059 of 2022
official respondents do not obtain any jurisdiction as of now.
She, however, added that if the petitioner is to make any
complaint to the competent Authority, namely the 3rd
respondent - Joint Registrar of Co-operative Societies
(General), he will be in a position to consider the same, after
hearing the Society also.
3. I notice from the files that though the petitioner has
taken out summons to respondent No.4 through Email, and
though it is validly served, there is no appearance on their
behalf and are not represented through counsel.
In the afore circumstances, I allow this writ petition and
direct the 4th respondent to either complete the processes
pursuant to Ext.P1 notification in terms of law; or to inform
the petitioner, why it cannot be done, within a period of one
month from the date of receipt of a copy of this judgment.
I make it clear that liberty of the petitioner to approach
the 3rd respondent or such other competent Statutory
Authorities thereafter is fully left open.
Sd/-
DEVAN RAMACHANDRAN, JUDGE
anm
WP(C)No. 41059 of 2022
APPENDIX OF WP(C) 41059/2022
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE NOTIFICATION ISSUED BY
THE FOURTH RESPONDENT PUBLISHED IN THE
KERALA KAUMUDI DAILY ON 5/02/2020.
Exhibit P2 TRUE COPY OF THE REPRESENTATION SUBMITTED
BY THE PETITIONER BEFORE THE MINISTER OF
CO-OPERATION DATED 28/04/2022.
RESPONDENTS' EXHIBITS : NIL
