Kerala High Court
Sivasankaran.K vs The State Of Kerala on 5 June, 2024
Author: Devan Ramachandran
Bench: Devan Ramachandran
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
WEDNESDAY, THE 5TH DAY OF JUNE 2024 / 15TH JYAISHTA, 1946
WP(C) NO. 20098 OF 2024
PETITIONERS:
1 SIVASANKARAN.K
AGED 76 YEARS
PRESIDENT, CHENDAMANGALAM SERVICE CO-OPERATIVE BANK LTD,
CHENDAMANGALAM P.O, ERNAKULAM DISTRICT S/O. KRISHNANKUTTY
MENON, RESIDING AT SOUMYA VIHAR, PALIYAM KADAVU ROAD,
CHENDAMANGALAM P.O, ERNAKULAM DISTRICT, PIN - 683512
2 ARUN P. GEORGE
AGED 56 YEARS
S/O. P. V. GEORGE, PULIKKAL (H), KOOTTUKADU,
VADAKKUMPURAM P.O., ERNAKULAM DISTRICT, PIN - 683521
3 V.M. MANI
AGED 62 YEARS
S/O. V.T. MADHAVAN, VAKYARUPARAMBIL (H), THEKKUMPURAM
P.O., ERNAKULAM DISTRICT, PIN - 683512
4 JOMY JOSY
AGED 43 YEARS
S/O. JOSY C.P., CHERAMANTHURUTHI (H), GOTHURUTH P.O.,
ERNAKULAM DISTRICT, PIN - 683516
5 SREEJITH MANOHAR
AGED 48 YEARS
S/O. MANOHAR C.V., CHIRAMBAL (H), VADAKKUMPURAM P.O.,
ERNAKULAM DISTRICT -, PIN - 683521
6 C.P. UNNIKRISHNAN
AGED 64 YEARS
S/O. BHARATHA PISHARADY PISHARAM (H), CHENDAMANGALAM
P.O., ERNAKULAM DISTRICT, PIN - 683512
7 P.V. MANI
AGED 73 YEARS
S/O. P.V. VASU, PADINJAREVEETTIL (VETTIYARA), KARIMBADAM
CHENDAMANGALAM P.O., ERNAKULAM DISTRICT, PIN - 683512
8 K. P. THRESYAMMA
AGED 73 YEARS
D/O. P.V. VASU, KURISHINKAL (H), GOTHURUTH P.O.,
ERNAKULAM DISTRICT, PIN - 683516
9 K. KRISHNANKUTTY
AGED 73 YEARS
WP(C) NO. 20098 OF 2024
2
S/O. RAGHAVAN, EETTUMMAL (H), MANAKKODAM CHENDAMANGALAM
P.O., ERNAKULAM DISTRICT, PIN - 683512
10 BHARATHAN. P
AGED 73 YEARS
S/O. A. P KRISHNANKUTTY MENON, SREEKRIPA (PALLATH),
MANAKKODAM CHENDAMANGALAM P.O., ERNAKULAM DISTRICT, PIN -
683512
11 K. G. RAPHEL
AGED 61 YEARS
S/O. GEORGE K.R., KUNNATHUR (H), KADALVATHURUTH GOTHURUTH
P.O., ERNAKULAM DISTRICT, PIN - 683516
12 JIJU K.K.
AGED 51 YEARS
S/O. KRISHNAN K.A. KAITHAVALAPPIL (H), THEKKETHURUTH,
GOTHURUTH P.O., ERNAKULAM DISTRICT, PIN - 683516
13 VILASINI K.K
AGED 64 YEARS
S/O. PURUSHOTHAMAN THAIPARAMBIL (H), KIZHAKKUMPURAM,
CHENDAMANGALAM P.O., ERNAKULAM DISTRICT, PIN - 683512
BY ADVS.
ANOOP V.NAIR
TANOOSHA PAUL
ROHITH C.
AVANTHIKA R.
RESPONDENTS:
1 THE STATE OF KERALA
REPRESENTED BY SECRETARY TO GOVERNMENT, CO-OPERATION
DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM -,
PIN - 695001
2 THE REGISTRAR OF CO-OPERATIVE SOCIETIES
OFFICE OF THE REGISTRAR OF CO-OPERATIVE SOCIETIES,
JAWAHAR SAHAKARI BHAVAN, DPI JUNCTION, THYCAUD,
THIRUVANANTHAPURAM-, PIN - 695014
3 THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES (GENERAL)
OFFICE OF THE JOINT REGISTRAR, 6TH FLOOR, NEW BLOCK,
CIVIL STATION, KAKKANAD, ERNAKULAM DISTRICT-, PIN -
682030
4 THE ASSISTANT REGISTRAR (GENERAL)
OFFICE OF THE ASSISTANT REGISTRAR OF CO-OPERATIVE
SOCIETIES, NORTH PARAVUR, ERNAKULAM DISTRICT, PIN -
WP(C) NO. 20098 OF 2024
3
683513
SMT.C.S.SHEEJA, SR.GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
05.06.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 20098 OF 2024
4
JUDGMENT
The limited grievance projected by the
petitioners in this Writ Petition is that, even
though they have preferred Ext.P6 Statutory
Appeal, which also contains a plea for interim
stay, further action has been proceeded against
by respondents 2 to 4 on the strength of Exts.P5
and P7 orders.
2. Sri.Anoop .V.Nair - learned counsel for
the petitioners, submitted that the actions of
the respondents, in continuing coercive and
other actions against his clients, even when
they have preferred their a Statutory Appeal
before the Government in time, is an abuse of
process and hence is liable to be interdicted.
3. Learned Senior Government Pleader -
Smt.C.S.Sheeja, in response, submitted that, if
WP(C) NO. 20098 OF 2024
Ext.P6 Appeal and request for stay is pending
before the Government, then it can be considered
by its competent Authority as per law, after
affording necessary opportunities to the
petitioners. She, therefore, prayed liberty to
the competent Authority of the 1st respondent to
do so, requesting that this Court may not make
any affirmative declarations in favour of the
petitioners in this judgment.
4. I have no doubt that when the Statutory
Appeal, along with the request of stay, is
pending before the Government, any further
action based on the impugned orders is not
permissible.
In such perspective, I allow this Writ
Petition, to the limited extent of directing the
Government to take up Ext.P6 Appeal and issue
orders thereon; either on the Appeal itself or
WP(C) NO. 20098 OF 2024
on the request for stay, after affording
necessary opportunities of being heard to the
petitioners; thus culminating in an appropriate
order and necessary action thereon, as
expeditiously as is possible.
Needless to say, until such time as the
afore is done and the resultant order
communicated to the petitioners, all further
action pursuant to the impugned orders shall
stand deferred; but can be taken forward
depending upon such decision, following law and
due procedure, without having to obtain any
further orders from this Court.
Sd/-
DEVAN RAMACHANDRAN
JUDGE
SAS
WP(C) NO. 20098 OF 2024
APPENDIX OF WP(C) 20098/2024
PETITIONERS' EXHIBITS:
Exhibit P1 TRUE COPY OF THE ORDER BEARING NO.CRP
(2)2472/2021, DATED 10.01.2022 ISSUED BY THE
3RD RESPONDENT TO THE 4TH RESPONDENT AND TO
THE PETITIONER AND OTHERS
Exhibit P2 TRUE COPY OF THE MEMORANDUM OF REVISION
PETITION AND THE CHELLAN OF PAYMENT OF FEES,
FILED BY THE PETITIONER
Exhibit P3 TRUE COPY OF THE ORDER BEARING NO. CRP
(2)2472/2022, DATED 19.09.2022, ISSUED BY THE
3RD RESPONDENT TO THE PETITIONER AND OTHERS
Exhibit P4 TRUE COPY OF THE APPEAL FILED BY THE
PETITIONER AND THE BANK ALONG WITH THE CHELLAN
SHOWING PAYMENT OF NECESSARY FEES
Exhibit P5 TRUE COPY OF THE ORDER DATED 20.05.2024
BEARING NO. CRP (2)2472/2024 PASSED BY 3RD
RESPONDENT
Exhibit P6 TRUE COPY OF THE APPEAL AND STAY PETITION,
ALONG WITH THE CHELAN, FILED BEFORE THE 1ST
RESPONDENT BY THE PETITIONERS
Exhibit P7 TRUE COPY OF THE NOTICE DATED 25.05.2024
ISSUED BY THE 3RD RESPONDENT TO THE
PETITIONERS
Exhibit P8 TRUE COPY OF THE ORDER DATED 31.05.2024 ISSUED
BY THE 3RD RESPONDENT
