Sreekumar.S vs The Joint Registrar Of Co-Operative ...
2024 Latest Caselaw 28411 Ker

Kerala High Court

Sreekumar.S vs The Joint Registrar Of Co-Operative ... on 25 September, 2024

Author: N.Nagaresh

Bench: N.Nagaresh

                                                2024:KER:71394


         IN THE HIGH COURT OF KERALA AT ERNAKULAM

                           PRESENT

           THE HONOURABLE MR.JUSTICE N.NAGARESH

  WEDNESDAY, THE 25TH DAY OF SEPTEMBER 2024/3RD ASWINA, 1946

                  WP(C) NO. 31696 OF 2024

PETITIONERS:

    1    SREEKUMAR.S
         AGED 57 YEARS, S/O SARASAPPA KURUP,
         SREENILAYAM, VETTILATHAZHAM,
         DECENT JUNCTION.P.O., KOLLAM,
         PIN - 691 577.

    2    CHANDRAN PILLAI.K
         AGED 72 YEARS, S/O KUNJAN PILLAI,
         SANDHYA BHAVANAM, VETTILATHAZHAM,
         DECENT JUNCTION.P.O., KOLLAM,
         PIN - 691 577.

         BY ADVS.
                 B.S.SWATHI KUMAR
                 ANITHA RAVINDRAN
                 HARISANKAR N UNNI
                 K.MINI MOLE (M-1356)
                 NILEENA V.P.
                 AJMI M SHAJI



RESPONDENTS:

    1    THE JOINT REGISTRAR OF CO-OPERATIVE
         SOCIETIES (G) OFFICE OF THE JOINT REGISTRAR
         OF CO-OPERATIVE SOCIETIES (G), CIVIL STATION,
         KOLLAM, PIN - 691 001.

    2    DECENT JUNCTION SERVICE CO-OPERATIVE BANK LTD.
         NO. Q.133 DECENT JUNCTION, KOLLAM
         REPRESENTED BY ITS SECRETARY, PIN - 691 577.
                                                     2024:KER:71394

WP(C) No.31696 of 2024
                                   :2:

     3     S.JAYADEV
           PUSHPAMANGALAM, VETTILATHAZHAM,
           DECENT JUNCTION.P.O., KOLLAM,
           PIN - 691 577.

     4     SEENA.L
           PUTHAZHIKATHU PADINJATTIL, MYLAPOOR,
           UMAYANALLUR, KOLLAM, PIN - 691 589.

     5     THE UNIT INSPECTOR
           CHATHANNOOR UNIT, OFFICE OF THE ASSISTANT
           REGISTRAR OF CO-OPERATIVE SOCIETIES (G).,
           NEAR CIVIL STATION, KOLLAM, PIN - 691 013.

           BY ADV
                         UNNI. K K(EZHUMATTOOR)
                         RESMI THOMAS, GOVERNMENT PLEADER

     THIS WRIT PETITION (CIVIL) HAVING COME UP                FOR
ADMISSION ON 25.09.2024, THE COURT ON THE SAME                DAY
DELIVERED THE FOLLOWING:
                                                            2024:KER:71394

WP(C) No.31696 of 2024
                                     :3:


                               JUDGMENT

Dated this the 25th day of September, 2024

The writ petition has been filed seeking the following

reliefs:

(i) To declare that in view of Exts.P1 to P3 respondents 3 and 4 are not entitled to participate in any meeting of the managing committee of the 2nd respondent including the one scheduled as per Ext.P4 and hence it is only just and proper that a direction is issued restraining respondents 3 and 4 to participating in any meeting to the managing committee including the one scheduled as per Ext.P4;

(ii) Issue a writ of mandamus or any other appropriate writ, order or direction to respondents 3 and 4 not to participate in any meeting of the managing committee of the 2nd respondent including the one scheduled as per Ext. P4;

(iii) Issue a writ of mandamus or any other appropriate writ, order or direction commanding and compelling the 5th respondent not to allow respondents 3 and 4 to participate in the meeting scheduled as per Ext.P4.

2. In short, the petitioners seek for a direction

to respondents 3 and 4 not to participate in any meeting of

the Managing Committee of the 2nd respondent-Bank

including the one scheduled as per Ext.P4. The scheduled 2024:KER:71394

meeting was on 11.09.2024. The said date is already over.

3. Furthermore, in W.P.(C) No.30311 of 2024,

the Government Pleader has submitted that on the basis of

the complaint filed by the petitioners, a report has been

sought for from the Assistant Registrar.

In view of the afore development, no further

reliefs are necessary in the writ petition. The writ petition is

accordingly disposed of recording the submission made by

the Government Pleader in W.P.(C) No.30311 of 2024.

Sd/-

N.NAGARESH JUDGE AMR 2024:KER:71394

APPENDIX OF WP(C) 31696/2024

PETITIONERS' EXHIBITS

Exhibit P1 TRUE COPY OF THE COMPLAINT FILED BY THE PETITIONERS BEFORE THE 1ST RESPONDENT DATED 12-8-2024.

Exhibit P2 TRUE COPY OF THE RELEVANT PORTION OF THE BYE-LAW OF THE 2ND RESPONDENT.

Exhibit P3 TRUE COPY OF THE COMPLAINT FILED BY THE PETITIONERS BEFORE THE 1ST RESPONDENT DATED 12-8-2024.

Exhibit P4 TRUE COPY OF THE NOTICE NO.

ARGKLM/1683/2024-U1(7) DATED 21-8-2024 ISSUED BY THE 5TH RESPONDENT.