Kerala High Court
Joy Thomas vs The Joint Registrar Of Co-Operative ... on 11 April, 2024
Author: Devan Ramachandran
Bench: Devan Ramachandran
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
THURSDAY, THE 11TH DAY OF APRIL 2024 / 22ND CHAITHRA, 1946
WP(C) NO. 13629 OF 2024
PETITIONER/S:
JOY THOMAS
AGED 66 YEARS
S/O. P.A. THOMAS POOVATHUMMOOTTIL HOUSE, KOZHIMALA
P.O., IDUKKI, PIN - 685511
BY ADVS.
LIJI.J.VADAKEDOM
ATHUL V. VADAKKEDOM
RESPONDENT/S:
1 THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES (GENERAL)
OFFICE OF THE JOINT REGISTRAR CO-OPERATIVE SOCIETIES
(GENERAL), IDUKKI COLONY, IDUKKI, PIN - 685602
2 THE ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES
(GENERAL),
OFFICE OF THE ASSISTANT REGISTRAR OF CO-OPERATIVE
SOCIETIES (GENERAL), IDUKKI, NAYARUPARA P.O, IDUKKI,
PIN - 685602
3 THE KATTAPPANA RURAL SERVICE CO-OPERATIVE BANK LTD NO.
I 591,
REPRESENTED BY ITS SECRETARY, OFFICE OF THE KATTAPPANA
RURAL SERVICE CO-OPERATIVE BANK LTD NO. I 591,
KATTAPPANA P.O., IDUKKI, PIN - 685508
4 THE SECRETARY
KATTAPPANA RURAL SERVICE CO-OPERATIVE BANK LTD NO. I
591, OFFICE OF THE KATTAPPANA RURAL SERVICE CO-
OPERATIVE BANK LTD NO. I 591, KATTAPPANA P.O., IDUKKI,
PIN - 685508
OTHER PRESENT:
SMT. MABLE C.KURIAN, SR.GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
11.04.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO.13629 OF 2024
2
JUDGMENT
The limited plea of the petitioner is that
the 1st respondent be directed to take up Ext.P3
representation preferred by him and dispose it
of, within a time frame to be fixed by this
Court.
2. Smt.Mable.C.Kurian, learned Government
Pleader, however, submitted that a preliminary
enquiry has already been conducted into the
affairs of the 3rd respondent Bank and that the
petitioner cannot now seek any further action
pursuant to Ext.P3.
3. Sri.Liji.J.Vadakkedom, the learned
counsel for the petitioner, however, submitted
that Ext.P3 is only an information that his
client has placed before the 3rd respondent and
therefore, that he is obligated to advert to the
same and take necessary action.
4. There is some force in the afore
submissions of Sri.Liji.J.Vadakkedom because,
even though this Court cannot direct the 1st
WP(C) NO.13629 OF 2024
respondent to take action as requested in
Ext.P3, he certainly can take cognizance of the
contents of the same and decide whether any
steps or measures are necessary. This is
particularly because of Ext.P2 information
earlier granted to another person by the
Assistant Registrar.
5. In the afore circumstances, without
entering into the question whether Ext.P3 is
maintainable and leaving it open to be decided,
I direct the 1st respondent to take up the same
and dispose it of, after hearing the petitioner,
as also the 4th respondent, or any other person
who may be interested of being heard; thus,
culminating in an appropriate order and
necessary action, as expeditiously as is
possible, but not later than 3 months from the
date of receipt of a copy of this judgment.
I clarify that I have not entered into the
question whether Ext.P3 is maintainable, or
whether any action is necessary thereon; and
WP(C) NO.13629 OF 2024
that these are left open to be decided by the 1st
respondent appositely, when the afore exercise
is completed.
Sd/-
DEVAN RAMACHANDRAN
JUDGE
Mn
WP(C) NO.13629 OF 2024
APPENDIX OF WP(C) 13629/2024
PETITIONER EXHIBITS
Exhibit P1 THE COPY OF THE RELEVANT EXTRACT OF THE AUDIT
REPORT FOR THE YEAR 2021-22 OF THE 3RD
RESPONDENT BANK
Exhibit P2 A COPY OF THE COMMUNICATION DATED 30.12.2022
ISSUED BY THE 2ND RESPONDENT-ASSISTANT
REGISTRAR (GENERAL) OF CO-OPERATIVE SOCIETIES
IDUKKI TO THE 3RD RESPONDENT BANK (RECEIVED
UNDER THE PROVISIONS OF RTI ACT TO ONE
KURIAKOSE)
Exhibit P3 THE COPY OF THE REPRESENTATION DATED
27.11.2023 SUBMITTED BY THE PETITIONER AND
ONE MATHEW JOSEPH BEFORE THE 1ST RESPONDENT-
JOINT REGISTRAR
