Citation : 2024 Latest Caselaw 4503 Ker
Judgement Date : 6 February, 2024
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
TUESDAY, THE 6TH DAY OF FEBRUARY 2024 / 17TH MAGHA, 1945
WP(C) NO. 9583 OF 2016
PETITIONER:
A.N.IKBAL
AGED 44 YEARS
S/O. AMSHAN PILLA, A.N.NIVAS, KANNANKODU,
VENJARAMOODU P.O., THIRUVANANTHAPURAM.
BY ADVS.
SRI.THOMAS ABRAHAM
SRI.ASWIN.P.JOHN
SRI.JACOB STEPHEN
SMT.MERCIAMMA MATHEW
RESPONDENTS:
1 JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES
(GENERAL)
TRIVANDRUM DISTRICT, THIRUVANANTHAPURAM-695001
2 ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES
(GENERAL)
NEDUMANGADU TALUK, NEDUMANGADU,
THIRUVANANTHAPURAM-695001
3 VENJARAMOODU SERVICE CO-OPERATIVE BANK LTD.NO.2419
VENJARAMOODU, THIRUVANANTHAPURAM,
REPRESENTED BY ITS SECRETARY695361
4 SUMESH S.KURUP
AGE AND FATHER'S NAME NOT KNOWN TO THE PETITIONER,
TRIVENI, ALAMTHARA, VENJARAMMOODU,
THIRUVANANTHAPURAM.-695361
5 SONI S.
AGE AND FATHER'S NAME NOT KNOWN TO THE PETITIONER,
CHEMBITTAVILAKATHU VEEDU, VENJARAMOODU,
THIRUVANANTHAPURAM-695361
6 JAYACHANDRAN NAIR
AGE AND FATHER'S NAME NOT KNOWN TO THE PETITIONER,
MAKKAMKONATHU VEEDU, VENJARAMOODU,
THIRUVANANTHAPURAM.-695361
7 SEN V.CHANDRAN
AGE AND FATHER'S NAME NOT KNOWN TO THE PETITIONER,
MYVALLIKKONAM, VENJARAMOODU,
THIRUVANANTHAPURAM.-695361
WP(C).No.9583/2016
2
8 NAVEEN
AGE AND FATHER'S NAME NOT KNOWN TO THE
PETITIONER, NELLIPPALLI VEEDU, VALIYAKATTAKKAL,
VENJARAMOODU, THIRUVANANTHAPURAM.-695361
9 A.M.RICE
PRESIDENT, VENJARAMOODU SERVICE CO-OPERATIVE
BANK LTD.NO.2419, VENJARAMOODU,
THIRUVANANTHAPURAM.-695361
BY ADVS.
SRI.V.V.NANDAGOPAL NAMBIAR
SRI.T.R.HARIKUMAR
OTHER PRESENT:
SRI RIYAL DEVASSY. GP
THIS WRIT PETITION (CIVIL) HAVING COME UP
FOR ADMISSION ON 06.02.2024, THE COURT ON THE
SAME DAY DELIVERED THE FOLLOWING:
WP(C).No.9583/2016
3
P.V.KUNHIKRISHNAN, J.
--------------------------------
W.P.(C).No.9583 of 2016
----------------------------------------------
Dated this the 06th day of February, 2024
JUDGMENT
This writ petition is filed with following prayers:
i. call for the records relating to the illegal appointments in the 3rd respondent bank pursuant to Exhibit P1 notification and quash the same by issuing a writ of certiorari or any other appropriate writ, order or direction:
ii. issue a writ of mandamus or any other appropriate writ, order or direction commanding the respondents 1 and 2 to order an enquiry into the serious allegations regarding the functioning of the 3rd respondent bank including the allegations contained in Exhibits P3 and P4 representations.
iii. issue a writ of mandamus or any other appropriate writ, order or direction commanding respondents 1 and 2 to conduct an audit of the 3 rd respondent bank in order to ascertain its financial state;
iv. grant such other and further reliefs as deemed by this Hon'ble Court fit and proper to grant in the facts and circumstances of this case.
(SIC)
2. This writ petition is filed challenging Ext.P1
notification. No interim order is passed in this case. Probably
the appointment based on Ext.P1 notification might have been
completed and the appointees might have joined in service.
3. In such circumstances, this writ petition need not
be entertained at this distance of time. Moreover, the service
of notice on the 5th respondent is not complete.
Therefore, this writ petition is closed.
sd/-
P.V.KUNHIKRISHNAN JV JUDGE
APPENDIX OF WP(C) 9583/2016
PETITIONER EXHIBITS P1 : COPY OF THE NOTIFICATION INVITING APPLICATIONS PUBLISHED IN MATHRUBHOOMI DAILY DTD.2.8.2015.
P2 : COPY OF THE ORDER DTD.8.10.2015 IN ARC NO.50 OF 2015.
P3 : COPY OF THE REPRESENTATION DTD.21.9.2015 SUBMITTED BY THE PETITIONER.
P3(A): COPY OF THE ACKNOWLEDGMENT CARD EVIDENCING THE SUBMISSION OF COMPLAINT BY THE PETITIONER.
P4 : COPY OF THE REPRESENTATION DTD.28.1.2016 SUBMITTED BY THE PETITIONER.
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