Iype Chandapillai vs State Of Kerala
2024 Latest Caselaw 31189 Ker

Kerala High Court

Iype Chandapillai vs State Of Kerala on 1 November, 2024

Author: N.Nagaresh

Bench: N.Nagaresh

                                                  2024:KER:81532


          IN THE HIGH COURT OF KERALA AT ERNAKULAM

                             PRESENT

               THE HONOURABLE MR.JUSTICE N.NAGARESH

 FRIDAY, THE 1ST DAY OF NOVEMBER 2024 / 10TH KARTHIKA, 1946

                     WP(C) NO. 38374 OF 2024

PETITIONER:

         IYPE CHANDAPILLAI
         AGED 69 YEARS, S/O CHANDAPILLAI,
         KOTTAPURATHU HOUSE, CHENNITHALA P.O.,
         MAVELIKKARA, PIN - 690 105.

         BY ADVS.
                 GEORGE VARGHESE(PERUMPALLIKUTTIYIL)
                 MANU SRINATH
                 LIJO JOHN THAMPY



RESPONDENTS:

    1    STATE OF KERALA
         REPRESENTED BY ITS CHIEF SECRETARY,
         GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM,
         PIN - 695 001.

    2    SECRETARY
         CO-OPERATIVE DEPARTMENT, GOVERNMENT SECRETARIAT,
         THIRUVANANTHAPURAM, PIN - 695 001.

    3    REGISTRAR OF CO-OPERATIVE SOCIETIES
         DEPARTMENT OF CO-OPERATION, OFFICE OF THE
         REGISTRAR OF CO-OPERATIVE SOCIETIES,
         JAWAHAR SAHAKARANA BHAVAN, DPI JUNCTION,
         THUCAUD P.O., THIRUVANANTHAPURAM,
         PIN - 695 014.

    4    KERALA STATE CO-OPERATIVE ELECTION COMMISSION
         REPRESENTED BY ITS ELECTION COMMISSIONER,
         3RD FLOOR, CO-BANK TOWERS, PALAYAM,
         THIRUVANANTHAPURAM, PIN - 695 033.
                                                  2024:KER:81532

WP(C) No.38374 of 2024


                               :2:

     5      CHENNITHALA THRIPPERUMTHURA SERVICE CO-OPERATIVE
            BANK LTD. NO. 3553
            REPRESENTED BY ITS SECRETARY,
            CHENNITHALA THRIPERUMTHURA SCB LTD.,
            CHENNITHALA P.O., MAVELIKKARA,
            ALAPPUZHA, KERALA, PIN - 690 105.

            BY ADVS
            C.M. NAZAR, STANDING COUNSEL
            SHEEJA C.S, GOVERNMENT PLEADER

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 01.11.2024, THE COURT ON THE SAME DAY DELIVERED
THE FOLLOWING:
                                                         2024:KER:81532

WP(C) No.38374 of 2024


                                 :3:


                            JUDGMENT

Dated this the 1st day of November, 2024

The petitioner, who is president of the 5th respondent-

Bank is challenging Section 28(2A) of the Kerala Co-operative

Societies Act, 1969 inserted as per Act 9 of 2024.

As the issue involved in the writ petition is

covered by a judgment of this Court in W.P.(C) No.21368 of

2024, the writ petition is disposed of holding that the petitioner

will be entitled to the benefit of the said judgment.

Sd/-

N.NAGARESH JUDGE AMR 2024:KER:81532

APPENDIX OF WP(C) 38374/2024

PETITIONER'S EXHIBITS

Exhibit P1 A TRUE COPY OF AMENDMENT ACT 9 OF 2024 THE KERALA CO-OPERATIVE SOCIETIES (AMENDMENT) ACT, 2023 AS PUBLISHED IN KERALA GAZETTE ON 07.06.2024.

Exhibit P2 A TRUE COPY OF EXTRACT OF RULE 15 OF THE KERALA CO-OPERATIVE SOCIETIES RULES, 1969.