Kerala High Court
M.P.Madhusudanan vs The Joint Registrar Of Co-Operative ... on 30 October, 2024
Author: N.Nagaresh
Bench: N.Nagaresh
2024:KER:81396
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
WEDNESDAY, THE 30TH DAY OF OCTOBER 2024/8TH KARTHIKA, 1946
WP(C) NO. 23567 OF 2024
PETITIONER:
M.P.MADHUSUDANAN
AGED 80 YEARS, S/O KELU,YADUKULAM,
P.O.EDATTU, KANNUR., PIN - 670 327
BY ADV
AMRUTHA SURESH
RESPONDENTS:
1 THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES
(GENERAL),OFFICE OF THE JOINT REGISTRAR OF
CO-OPERATIVE SOCIETIES, CIVIL LINES,
3RD FLOOR, KANNUR, PIN - 670 002.
2 THE ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES
(G), OFFICE OF THE ASSISTANT REGISTRAR OF CO-
OPERATIVE SOCIETIES,
PAYYANNUR, KANNUR, PIN - 670307
3 PAZHAYANGADI URBAN CO-OPERATIVE BANK
LTD.C.975, P.O.PAZHAYANGADI, KANNUR, REPRESENTED
BY ITS SECRETARY /
GENERAL MANABER., PIN - 670 303
4 THE MANAGING COMMITTEE OF PAZHAYANGADI URBAN CO-
OPERATIVE BANK LTD.C.975, P.O.PAZHAYANGADI,
KANNUR, REPRESENTED BY ITS PRESIDENT.,
PIN - 670 303.
5 THE STATE CO-OPERATIVE ELECTION COMMISSION
REPRESENTED BY ELECTION COMMISSIONER,
3RD FLOOR, CO-BANK TOWERS, PALAYAM,
2024:KER:81396
WP(C) Nos.23567 and 28496 of 2024
:2:
VIKAS BHAVAN P.O., THIRUVANANTHAPURAM,
PIN - 695 033
6 ELECTORAL OFFICER TO PAZHAYANGADI URBAN
CO-OPERATIVE BANK LTD.C.975,
(ASSISTANT REGISTRAR (G), P.O.PAZHAYANGADI,
KANNUR, PIN - 670 303.
BY ADVS.
T.R.HARIKUMAR
ARJUN RAGHAVAN(K/1277/2012)
RESMI THOMAS, GOVERNMENT PLEADER
C.M.NAZAR, STANDING COUNSEL
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 30.10.2024, ALONG WITH WP(C).28496/2024, THE COURT ON THE
SAME DAY DELIVERED THE FOLLOWING:
2024:KER:81396
WP(C) Nos.23567 and 28496 of 2024
:3:
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
WEDNESDAY, THE 30TH DAY OF OCTOBER 2024/8TH KARTHIKA, 1946
WP(C) NO. 28496 OF 2024
PETITIONER:
THE PAYANGADI URBAN CO-OPERATIVE BANK LTD.
NO.C.975, REPRESENTED BY ITS GENERAL MANAGER,
PAYANGADI P.O, KANNUR DISTRICT, PIN - 670 358.
BY ADVS.
T.R.HARIKUMAR
ARJUN RAGHAVAN
RESPONDENTS:
1 THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES
(GENERAL), KANNUR,
OFFICE OF THE JOINT REGISTRAR OF CO-OPERATIVE
SOCIETIES, KANNUR, KANNUR DISTRICT,
PIN - 670 002.
2 THE ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES
(GENERAL)
OFFICE OF THE ASSISTANT REGISTRAR OF
CO-OPERATIVE SOCIETIES, PAYYANUR,
KANNUR DISTRICT., PIN - 670 307.
3 M.P.MADHUSOODANAN
S/O.KELU, YEDUKULAM, EDATT P.O,
KANNUR DISTRICT, PIN - 670 327.
2024:KER:81396
WP(C) Nos.23567 and 28496 of 2024
:4:
BY ADV
SHEEJA C.S, SENIOR GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 30.10.2024, ALONG WITH WP(C).23567/2024, THE COURT ON THE
SAME DAY DELIVERED THE FOLLOWING:
2024:KER:81396
WP(C) Nos.23567 and 28496 of 2024
:5:
JUDGMENT
Dated this the 30th day of October, 2024
[W.P.(C) No.23567 and 28496 of 2024]
The petitioner in W.P.(C) No.23567 of 2024 is a member
of Pazhayangadi Urban Co-operative Bank. In the year 2005, the
Bank enhanced its share value. The Bank granted time for the
members till 2019 to pay the enhanced share value. The
petitioner could not pay the said amount within the 15 years.
2. The petitioner thereafter approached the 1 st
respondent-Joint Registrar. The Joint Registrar passed Ext.P3
order finding that there was no proper publication regarding the
enhancement. The joint Registrar therefore directed that the
enhanced share value may be accepted from the petitioner and
his membership may be retained. The petitioner has filed this writ
petition seeking to implement Ext.P3 order.
3. The Bank, on the other hand, challenged Ext.P3
order filing W.P.(C) No.28496 of 2024. The Bank submitted that
2024:KER:81396
WP(C) Nos.23567 and 28496 of 2024
Ext.P3 order in W.P.(C) No.23567 of 2024 was passed without
giving an opportunity of hearing to the Bank. Long 15 years time
was granted to all members for paying the enhanced share value.
The petitioner did not pay the enhanced share value within this 15
years. Therefore, the Joint Registrar ought not have directed the
Bank to accept enhanced share value from the petitioner.
4. The Bank further submitted that the petitioner
has taken a membership in another Credit Society. Therefore,
the petitioner is not eligible to get membership of the Bank in view
of Rule 27 of the Kerala Co-operative Societies Rules. The Bank
therefore seeks to quash Ext.P2 (Ext.P3 in W.P.(C) No.23567 of
2024).
5. I have heard the learned Counsel appearing for
the petitioners in these writ petitions and the Government
Pleader representing the respondents.
6. Though both sides have advanced various legal
grounds challenging as well as in support of the impugned order
of the Joint Registrar, I find that before allowing the petitioner's
2024:KER:81396
WP(C) Nos.23567 and 28496 of 2024
application to accept enhanced share value, the Bank has not
given an opportunity of hearing.
7. Taking into consideration the fact that the Bank
had given 15 years time for payment of enhanced share value. I
am of the view that the Joint Registrar ought to have heard the
Bank also before taking any decision on the application of the
petitioner.
In the facts of the case, the writ petitions are
disposed of setting aside Ext.P2 order in W.P.(C) No.28496 of
2024 and directing the 1st respondent-Joint Registrar to
reconsider the matter afresh after giving opportunity of hearing to
the petitioners in the writ petitions. The 1 st respondent-Joint
Registrar shall pass orders within a period of three months. All
legal contentions are left open.
Sd/-
N.NAGARESH
JUDGE
AMR
2024:KER:81396
WP(C) Nos.23567 and 28496 of 2024
APPENDIX OF WP(C) 23567/2024
PETITIONER'S EXHIBITS
Exhibit P1 TRUE COPY OF THE REPRESENTATION DATED
16.10.2021 SUBMITTED BY THE PETITIONER
BEFORE THE THIRD RESPONDENT.
Exhibit P2 TRUE COPY OF THE REQUEST DATED 15.03.2022
SUBMITTED BY THE PETITIONER BEFORE THE
FIRST RESPONDENT.
Exhibit P3 TRUE COPY OF THE ORDER DATED 04.05.2023
OF THE JOINT REGISTRAR.
Exhibit P4 TRUE COPY OF THE REQUEST DATED 24.07.2023
BEFORE THE JOINT REGISTRAR WITH POSTAL
RECEIPT.
Exhibit P5 TRUE COPY OF THE REPORT OF THE ASSISTANT
REGISTRAR DATED 11.01.2024.
Exhibit P6 TRUE COPY OF THE COMMUNICATION RECEIVED
UNDER THE RTI DATED 05.03.2024.
Exhibit P7 TRUE COPY OF THE PETITION DATED
11.06.2024 SUBMITTED BEFORE THE FIRST
RESPONDENT.
Exhibit P8 TRUE COPY OF THE ELECTION NOTIFICATION
DATED 20.06.2024 ISSUED BY THE ELECTION
COMMISSION.
Exhibit P9 A TRUE COPY OF THE REQUEST DATED
27.06.2024 TO THE ELECTORAL OFFICER.
RESPONDENTS' EXHIBITS
Exhibit-R3(a) A TRUE COPY OF THE PORTION OF THE BYELAW
AMENDED AND REGISTERED BY THE JOINT
2024:KER:81396
WP(C) Nos.23567 and 28496 of 2024
REGISTRAR OF CO-OPERATIVE SOCIETIES DATED
21-07-2005.
Exhibit-R3(b) A TRUE COPY OF EXT-P3 ORDER SHOWING THE
DATE OF RECEIPT AS 16-02-2024.
Exhibit-R3(c) A TRUE COPY OF THE CERTIFICATE DATED 03-
07-2024 OBTAINED FROM THE PILATHARA CO-
OPERATIVE URBAN SOCIETY LTD. NO.C 1558.
Exhibit-R3(d) A TRUE COPY OF THE EXPLANATION DATED 07-
03-2024 SUBMITTED BY THE 3RD RESPONDENT
BEFORE THE UNIT INSPECTOR, MADAYI.
2024:KER:81396
WP(C) Nos.23567 and 28496 of 2024
APPENDIX OF WP(C) 28496/2024
PETITIONER'S EXHIBITS
Exhibit-P1 A TRUE COPY OF THE PORTION OF THE BYELAW
AMENDED AND REGISTERED BY THE 1ST
RESPONDENT DATED 21-07-2005.
Exhibit-P2 A TRUE COPY OF THE ORDER
NO.705/22/C.R.B/L.DIS DATED 04-05-2023
ISSUED BY THE 1ST RESPONDENT.
Exhibit-P3 A TRUE COPY OF THE COMMUNICATION DATED
27-06-2024 ISSUED BY THE ELECTORAL
OFFICER.
Exhibit-P4 A TRUE COPY OF THE EXPLANATION SUBMITTED
BY THE PETITIONER BEFORE THE 1ST
RESPONDENT DATED 29-06-2024.
Exhibit-P5 A TRUE COPY OF THE CERTIFICATE DATED 03-
07-2024 OBTAINED FROM THE PILATHARA CO-
OPERATIVE URBAN SOCIETY LTD. NO.C 1558.
Exhibit-P6 A TRUE COPY OF THE EXPLANATION DATED 07-
03-2024 SUBMITTED BY THE PETITIONER
BEFORE THE UNIT INSPECTOR, MADAYI.
