Baiju.O.K vs The Joint Registrar Of Co-Operative ...
2024 Latest Caselaw 13630 Ker

Kerala High Court

Baiju.O.K vs The Joint Registrar Of Co-Operative ... on 27 May, 2024

Author: Amit Rawal

Bench: Amit Rawal

            IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
             THE HONOURABLE MR. JUSTICE AMIT RAWAL
                                  &
             THE HONOURABLE MR. JUSTICE EASWARAN S.
   MONDAY, THE 27TH DAY OF MAY 2024 / 6TH JYAISHTA, 1946
                       WA NO. 582 OF 2024
  AGAINST THE JUDGMENT DATED 09.04.2024 IN W.P.(C.) NO.
                              13127/2024
APPELLANTS/3RD PARTY IN W.P.(C.) 13127/2024:

            MUHAMMAD ABDUL RASHEED B.P
            AGED 60 YEARS
            S/O. UNNIMOYIN, BALIYAMBRAPUTTAT HOUSE,
            MUKKOM, THAYACODE, KOZHIKODE,
            PIN - 673602

            BY ADV. P.P.JACOB


RESPONDENTS/WRIT PETITIONER AND FIRST RESPONDENT
IN W.P.(C) No. 13127/2024:

    1       THE MUKKOM SERVICE CO-OPERATIVE BANK LTD NO. F
            1241
            MUKKOM, KOZHIKODE,
            REPRESENTED BY ITS SECRETARY,
            PIN - 673602

    2       THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES
            (G)
            KOZHIKODE OFFICE OF THE JOINT REGISTRAR OF CO-
            OPERATIVE SOCIETIES,
            PUTHIYARA, KOZHIKODE, PIN - 673004


            BY SRI. T.K.VIPINDAS, SENIOR GOVERNMENT PLEADER


     THIS     WRIT   APPEAL    HAVING    BEEN   FINALLY   HEARD   ON
27.05.2024 ALONG WITH W.A.NO.601/2024, THE COURT ON THE
SAME DAY DELIVERED THE FOLLOWING:
 W.A. Nos. 582 & 601/2024           2



            IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
              THE HONOURABLE MR. JUSTICE AMIT RAWAL
                                   &
             THE HONOURABLE MR. JUSTICE EASWARAN S.
    MONDAY, THE 27TH DAY OF MAY 2024 / 6TH JYAISHTA, 1946
                           WA NO. 601 OF 2024
 AGAINST THE JUDGMENT DATED 09.04.2024 IN WP(C) NO.1767 OF
                    2024 OF HIGH COURT OF KERALA
APPELLANTS/PETITIONERS:

     1      BAIJU.O.K
            AGED 46 YEARS
            S/O KANNAN KEERAN, ODAMKUZHLY.I,
            KACHERI, MUKKOM, PIN - 673602

     2      SHARAFUDHEEN.T.K
            AGED 36 YEARS
            S/O KOYA, THARIPPAKKUNNUMMAL HOUSE,
            NEELESWARAM.P.O., KOZHIKODE.,
            PIN - 673582

            BY ADV P.P.JACOB


RESPONDENTS/RESPONDENTS:

     1      THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES (G)
            KOZHIKODE
            OFFICE OF THE JOINT REGISTRAR OF CO-OPERATIVE
            SOCIETIES, PUTHLYARA, KOZHIKODE,
            PIN - 673004

     2      THE ADMINISTRATIVE COMMITTEE
            MUKKOM, SERVICE CO-OPERATIVE BANK LTD NO.F 1241,
            MUKKOM, KOZHIKODE,
            REPRESENTED BY ITS CONVENER,
            PIN - 673602

     3      THE MUKKOM
            SERVICE CO-OPERATIVE BANK LTD NO.F 1241,
            MUKKOM, KOZHIKODE,
 W.A. Nos. 582 & 601/2024          3


             REPRESENTED BY ITS SECRETARY, PIN - 673602


             R1 BY SRI T.K.VIPINDAS,SENIOR GOVERNMENT PLEADER
             R2 & R3 BY ADV. M.SASINDRAN


      THIS    WRIT   APPEAL   HAVING   COME   UP   FOR   ADMISSION   ON
27.05.2024 ALONG WITH W.A. NO. 582/2024, THE COURT ON THE
SAME DAY DELIVERED THE FOLLOWING:
 W.A. Nos. 582 & 601/2024                 4


               AMIT RAWAL & EASWARAN S., JJ.
                     =================
                W.A. Nos. 582 & 601 of 2024
              ==============================
           DATED THIS THE 27TH DAY OF MAY, 2024.

                                 JUDGMENT

AMIT RAWAL, J.

Concededly, the directions issued in the judgment

dated 09.04.2024 in W.P.(C.) No. 13127/2024, out of which

W.A.No.582/2024 has arisen, has already been complied with

by the Joint Registrar, Co-operative Societies. Challenge in W.A.No.601/2024 is qua the judgment dated 09.04.2024 in

W.P.(C.) 1767/2024, whereby the aggrieved party was

referred to the very same Registrar of societies.

2. During the course of hearing, we have been

informed that vide order dated 14.05.2024 of the Joint

Registrar, placed on record in vernacular, the matter has

been decided and also that this order is under challenge.

In this view of the matter, no further cause of

action survives in these two writ appeals. Writ appeals

are dismissed as infructuous.

SD/-

AMIT RAWAL JUDGE

SD/-

EASWARAN S. JUDGE DCS/27.05.2024

RESPONDENT ANNEXURES

Annexure R1(a) TRUE COPY OF THE CIRCULAR NO. 38/2002 DATED 18.10.2002.

Annexure R1(b) TRUE COPY OF THE JUDGMENT REPORTED IN SHAJI VS. STATE CO-OPERATIVE ELECTIONS 2004 (2) KLT 1084.