P.R.Kurup Memorial Co-Operative ... vs The Assistant Registrar Of ...
2024 Latest Caselaw 2656 Ker

Kerala High Court

P.R.Kurup Memorial Co-Operative ... vs The Assistant Registrar Of ... on 17 January, 2024

          IN THE HIGH COURT OF KERALA AT ERNAKULAM

                            PRESENT

             THE HONOURABLE MR.JUSTICE BASANT BALAJI

 WEDNESDAY, THE 17TH DAY OF JANUARY 2024 / 27TH POUSHA, 1945

                     WP(C) NO. 42454 OF 2023

PETITIONER/S:

        P.R.KURUP MEMORIAL CO-OPERATIVE HOSPITAL SOCIETY
        LTD.NO.,384 AGED 42 YEARS, KUNNOTHUPARAMBA
        THUVAKKUNNU P.O., KANNUR DISTRICT, REPRESENTED BY ITS
        GENERAL MANAGER, PIN - 670693
        BY ADVS. M.SASINDRAN P.SHAHEED

RESPONDENT/S:

 1      THE ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES
        (GENERAL) KOOTHUPARAMBA, KANNUR DISTRICT, PIN - 670643
 2      THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES (GENERAL)
        KANNUR., PIN - 670001
 3      N.K.ANILKUMAR, AGED 48 YEARS, S/O.BALAN,
        NAMBOORIKANDIYIL HOUSE, PUTHUR P.O. PANOOR, KANNUR
        DISTRICT, PIN - 670692
        BY ADVS. A.R.NIMOD M.A.AUGUSTINE(K/000511/2005)


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 17.01.2024, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
 WPC 42454/23
                             -2-



                      JUDGMENT

(Dated this the 17th day of January 2024)

In view of the decisions of this Court in Swathy

Mohan and Ors. v. Joint Registrar of Co-operative Societies

(General), Kollam and Ors. (2019 (4) KHC 451) and Kochu

Thressia v. Albert and Ors. (2007 (3) KHC 783), Exts.P6 and

P7 passed by the 1st respondent is without jurisdiction.

Therefore, Exts.P6 and P7 are set aside, and the 3 rd

respondent is given liberty to move the appropriate forum.

The writ petition is disposed of as above.

Sd/-

BASANT BALAJI JUDGE JS

APPENDIX OF WP(C) 42454/2023

PETITIONER EXHIBITS

Exhibit P1 A TRUE COPY OF THE POST SANCTIONING ORDER NO.

6477/03/HM/KDIS. DATED 11/06/2004 Exhibit P2 A TRUE COPY OF STAFF LIST OF THE EMPLOYEES WORKING IN THE PETITIONER SOCIETY Exhibit P3 A TRUE COPY OF THE PROFIT AND LOSS ACCOUNT OF THE AUDIT REPORT 2021-2022 DULY APPROVED BY THE COMPETENT AUTHORITY DATED 31.10.2022 Exhibit P4 A TRUE COPY OF THE LETTER ON HEARING NOTICE NO.476/2023/PNR DATED 29/04/2023 OF THE 1ST RESPONDENT Exhibit P5 A TRUE COPY OF THE STATEMENT GIVEN BY THE GENERAL MANAGER OF THE PETITIONER BEFORE THE UNIT INSPECTOR ON 15/05/2023 Exhibit P6 A TRUE COPY OF THE ORDER NO.476/2023/PNR DATED 03/06/2023 IF THE 1ST RESPONDENT Exhibit P7 A TRUE COPY OF THE LETTER NO.476/2023/PNR DATED 04/09/2023 OF THE 1ST RESPONDENT