Kerala High Court
Noushad Mannisseri vs Malappuram Service Co-Operative Bank ... on 10 October, 2024
Author: N.Nagaresh
Bench: N.Nagaresh
2024:KER:75253
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
THURSDAY, THE 10TH DAY OF OCTOBER 2024 / 18TH ASWINA, 1946
WP(C) NO. 35534 OF 2024
PETITIONERS:
1 NOUSHAD MANNISSERI, AGED 52 YEARS
S/O. LATE MUHAMMED SHERIF,
MANNISSERI HOUSE,
PATTARKADAVA P.O,
MALAPPURAM, PIN - 676519
2 MUHAMMED FAISAL C.K, AGED 40 YEARS
S/O. AHAMMED KUTTY,
CHALATTIL KALLADI HOUSE,
MADATHUMPALLIYALI, ALATHOORPADY,
MELMURI P.O, MALAPPURAM DISTRICT,
PIN - 676517
3 MUHAMMED ASHARAF.K.P, AGED 68 YEARS
S/O. KUNHIMUHAMMED,
KOZHINHIPARAMBIL HOUSE,
VALIYANGADI, MALAPPURAM,
PIN - 676519
4 ABDUL SALIM P.A.,AGED 45 YEARS
S/O. MAMMADU,
PANAMPUZHA ANATHODI,
MELMURI P.O, MALAPPURAM,
PIN - 676517
5 ABDURAHIM MACHIL,AGED 37 YEARS
S/O. KUNHIAMMADU,
MACHIL HOUSE, PANAKKAD,
PATTERKADAVU P.O,
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2
MALAPPURAM, PIN - 676519
6 FOUSIA.U,AGED 38 YEARS
W/O. ASHRAF MACHINGAL,
MACHIL HOUSE, MUNDUPARAMBA P.O,
MALAPPURAM, PIN - 676509
7 SUHARA.B, AGED 59 YEARS
W/O. AYAMUTTY,
VELLARATHODI HOUSE, UPHILL,
MALAPPURAM, PIN - 676505
8 KHALEEL.K, AGED 52 YEARS
S/O. ABDULKHADER,
KALAPPADAN HOUSE, HAJIARPALLI P.O,
MALAPPURAM, PIN - 676519
9 MUHAMMED NOUSHAD, AGED 44 YEARS
S/O. NAFEESA,
MURINGEKKAL HOUSE, KALAMBADI,
MALAPPURAM P.O, PIN - 676505
10 MUHAMMED HANEEFA P.P, AGED 69 YEARS
S/O. ALAVI,
PADATH PEEDIAKKAL HOUSE,
KOTTAPPADY, MALAPPURAM-,
PIN - 676519
11 ABDUL SAMAD, AGED 49 YEARS
S/O, SAIDALAVI,
SEEMADAN HOUSE, MELPURI,
MALAPPURAM, PIN - 676517
12 RAVEENDRAN K.K, AGED 62 YEARS
S/O. CHAKKU,
KALANKUNNAN HOUSE,
CHEMMANKADAVU, MALAPPURAM,
PIN - 676519
BY ADVS.
P.V.BABY
VINEETH P.BABY
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3
RESPONDENTS:
1 MALAPPURAM SERVICE CO-OPERATIVE BANK LTD.NO.
F-1829
MALAPPURAM P.O, MALAPPURAM,
REPRESENTED BY ITS SECRETARY,
PIN - 676505
2 JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES (G)
OFFICE OF THE JOINT REGISTRAR OF CO-OPERATIVE
SOCIETIES CIVIL STATION ROAD,
UP HILL, MALAPPURAM,
PIN - 676519
3 ASSISTANT REGISTRAR OF CO-OPERATIVE
SOCIETIES (G),
OFFICE OF THE ASSISTANT REGISTRAR OF
CO-OPERATIVE SOCIETIES, MANJERI,
MALAPPURAM DISTRICT,
PIN - 676517
4 SMT. P. SARITHA
AREECOD UNIT INSPECTOR,
OFFICE OF THE OFFICE OF THE ASSISTANT REGISTRAR
OF CO-OPERATIVE SOCIETIES (G),
MANJERI, MALAPPURAM DISTRICT,
PIN - 676517
5 SRI. NOUSHAD
ASSISTANT REGISTRAR OF CO-OPERATIVE
SOCIETIES (G),
OFFICE OF THE ASSISTANT REGISTRAR OF
CO-OPERATIVE SOCIETIES,
MANJERI, MALAPPURAM DISTRICT,
PIN - 676517
SMT. SHEEJA C.S., SR.GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 10.10.2024, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
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4
JUDGMENT
Dated this the 10th day of October, 2024
The petitioners are elected committee members for the
period from 2019 to February, 2024 of the Malappuram
Service Co-operative Bank Limited. An inspection was
ordered as per Ext.P1 in respect of alleged irregularities in
construction of a building. By Ext.P1, the Joint Registrar
appointed Unit Inspector, Areecod as Inspection Officer.
Ext.P1 was passed on 26.05.2024 and the inspection had to
be completed within two months.
2. The grievance of the petitioners is that even after
the expiry of the period of two months, the Joint Registrar
has granted further extension to conduct the enquiry as per
Ext.P2 proceedings dated 06.08.2024. The petitioners state
that grant of such extension is illegal, it being violative of
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Rule 66(3) of the Kerala Co-operative Societies Rules. The
petitioners would further allege that the building construction
was with the sanction of the 2nd respondent-Joint Registrar
and it is evident from Ext.P3. The construction work was
carried out by contractors appointed after inviting tenders.
3. The petitioners would further submit that the Bank
Tower Building was leased out to the Malappuram
Co-operative Hospital Society for a monthly rent of
₹7,08,000/-. Even though ₹56 Crores was sanctioned for the
construction of the building, the construction was completed
utilising ₹43 Crores. So far, no complaints have been
received in respect of the construction. Even the Minister of
Co-operation has appreciated the construction of the building
and functioning of the Co-operative Hospital as per Ext.P12.
In the circumstances and in the interest of justice, Ext.P3
proceedings are liable to be quashed.
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4. Senior Government Pleader entered appearance
on behalf of respondents 2 and 3 and resisted the writ
petition. The Senior Government Pleader submitted that only
two months time was granted to complete the inspection as
per Ext.P1. The Inspection Officer submitted an interim report
and sought for further time. After appreciating the interim
report and the facts of the case, the Joint Registrar has
decided to enlarge the time for extension. The petitioners
have not brought for any legal grounds to unsettle Ext.P2.
The writ petition is without any merit and it is liable to be
dismissed, contends the Senior Government Pleader.
5. I have heard the learned counsel for the petitioners
and the learned Senior Government Pleader representing
respondents 2 and 3.
6. An inspection under Section 66 of the Kerala
Co-operative Societies Act, 1969 has been ordered as per
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Ext.P1. Two months time was granted for completing the
inspection. Ext.P2 proceedings would reveal that the
Inspection Officer has submitted an interim report and has
stated that the inspection cannot be completed within two
months since many employees have to be heard and
statements to be taken.
7. Considering the above interim report, the Joint
Registrar has enlarged the time as per Ext.P2. Rule 66(3) of
the Kerala Co-operative Societies Rules provides that if the
inspection cannot be completed within the stipulated time,
the person conducting the inquiry or inspection shall submit
an interim report stating the reasons for failure to complete
the inquiry or inspection and the Registrar, if he is satisfied,
may grant such extension of time as he may deem necessary
or he may withdraw the inquiry or inspection from the officer
and hold inquiry or inspection himself or entrust to such other
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person as he deems fit.
8. Ext.P2 would indicate that the Inspection Officer
had given a report and sought further time as the inspection
requires the hearing of a number of employees and involves
taking statements of such employees, which could not be
completed within stipulated time.
9. It is taking into consideration such request that the
Joint Registrar has passed Ext.P2 order. I do not find
anything wrong in Ext.P2 order. The reason for enlargement
of time is self evident in Ext.P2.
The writ petition is without any merit and it is dismissed.
Sd/-
N.NAGARESH
JUDGE
hmh
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APPENDIX OF WP(C) 35534/2024
PETITIONERS' EXHIBITS
Exhibit P1 A TRUE PHOTOCOPY OF THE ORDER DATED
26/5/2024 ISSUED BY THE 2ND RESPONDENT
Exhibit P2 A TRUE PHOTOCOPY OF THE ORDER DATED
6/8/2024 ISSUED BY THE 2ND RESPONDENT
Exhibit P3 A TRUE PHOTOCOPY OF THE ORDER DATED
10/2/2021 ISSUED BY THE 2ND RESPONDENT
Exhibit P4 A TRUE PHOTOCOPY OF THE QUOTATION
INVITATION PUBLISHED IN THE HINDU DAILY
DATED 5/10/2019
Exhibit P5 A TRUE PHOTOCOPY OF THE QUOTATION
INVITATION PUBLISHED IN THE MATHRUBHUMI
DAILY DATED 5/10/2019
Exhibit P6 A TRUE PHOTOCOPY OF THE QUOTATION
INVITATION PUBLISHED IN THE CHANDRIKA
DAILY DATED 5/10/2019
Exhibit P7 A TRUE PHOTOCOPY OF THE ORDER DATED
26/3/2021 ISSUED BY THE 2ND RESPONDENT
Exhibit P8 A TRUE PHOTOCOPY OF THE BUILDING PERMIT
DATED 27/3/2020 ISSUED BY THE
MALAPPURAM MUNICIPALITY
Exhibit P9 A TRUE PHOTOCOPY OF THE FIRE SAFETY
CLEARANCE DATED 13/3/2020 ISSUED BY THE
REGIONAL FIRE OFFICER
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Exhibit P10 A TRUE PHOTOCOPY OF THE ORDER DATED
23/11/2023 ISSUED BY THE 2ND RESPONDENT
Exhibit P11 A TRUE PHOTOCOPY OF THE TAX INVOICE
DATED 01/4/2024 FOR HAVING RECEIVED
RENT BY THE BANK
Exhibit P12 A TRUE PHOTOCOPY OF THE APPRAISAL OF
THE HON'BLE MINISTER FOR CO-OPERATION
DATED 31/1/2024
Exhibit P13 A TRUE PHOTOCOPY OF THE COMPLETION
CERTIFICATE DATED 20/1/2024 ISSUED BY
THE BUILDERS
Exhibit P14 A TRUE PHOTOCOPY OF THE COMPLETION
CERTIFICATE DATED 1/2/2024 ISSUED BY
THE KAIRALI CONSTRUCTION ENCLOSING
POLLUTION CERTIFICATE, FIR NOC
CERTIFICATE AND OCCUPANCY CERTIFICATE
TO THE PRESIDENT OF THE BANK
Exhibit P15 A TRUE PHOTOCOPY OF THE SUMMONS DATED
28/9/2024 ISSUED BY THE 4TH RESPONDENT
TO THE 2ND PETITIONER
Exhibit P16 A TRUE PHOTOCOPY OF THE SUMMONS DATED
20/9/2024 ISSUED BY THE 4TH RESPONDENT
TO THE 3RD PETITIONER
Exhibit P17 A TRUE PHOTOCOPY OF THE SUMMONS DATED
28/9/2024 ISSUED BY THE 4TH RESPONDENT
TO THE 5TH PETITIONER
Exhibit P18 A TRUE PHOTOCOPY OF THE SUMMONS DATED
20/9/2024 ISSUED BY THE 4TH RESPONDENT
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WP(C) NO.35534 OF 2024
TO THE 6TH PETITIONER
Exhibit P19 A TRUE PHOTOCOPY OF THE SUMMONS DATED
20/9/2024 ISSUED BY THE 4TH RESPONDENT
TO THE 7TH PETITIONER
Exhibit P20 A TRUE PHOTOCOPY OF THE SUMMONS DATED
28/9/2024 ISSUED BY THE 4TH RESPONDENT
TO THE 8TH PETITIONER
Exhibit P21 A TRUE PHOTOCOPY OF THE SUMMONS DATED
20/9/2024 ISSUED BY THE 4TH RESPONDENT
TO THE 9TH PETITIONER
Exhibit P22 A TRUE PHOTOCOPY OF THE SUMMONS DATED
28/9/2024 ISSUED BY THE 4TH RESPONDENT
TO THE 12TH PETITIONER
