Sreekumar.S vs The Joint Registrar Of Co-Operative ...
2024 Latest Caselaw 28451 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:71445


         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. 30311 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
                 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:71445

WP(C) No.30311 of 2024
                                   :2:

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

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

           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:71445

WP(C) No.30311 of 2024
                               :3:


                           JUDGMENT

Dated this the 25th day of September, 2024

The petitioners state that respondents 3 and 4 are

acting against the interest of the Society. They are running

business under the auspices of Janasree Mission, which is

conducting business of the same nature. The petitioners have

preferred Exts.P1 and P3 complaints before the Joint

Registrar of the Co-operative Societies. Unless the Joint

Registrar is directed to conduct an enquiry and disqualify

respondents 3 and 4, the respondents 3 and 4 will go against

the interest of the Society.

2. Counsel entered appearance on behalf of

respondents 3 and 4 and resisted the writ petition. The

Counsel denied all the material allegations made against

them by the petitioners.

3. Government Pleader representing the 1 st

respondent-Joint Registrar, on instructions, submits that on 2024:KER:71445

receipt of the complaints, the Joint Registrar has sought for a

report from the Assistant Registrar and further proceedings

will be taken based on the report of the Assistant Registrar.

4. As the Joint Registrar has already acted on

the basis of the complaints filed by the petitioners, no further

mandatory orders are required in the writ petition. As a report

is sought from the Assistant Registrar, the Joint Registrar will

act on the complaint based on the report that may be

received from the Assistant Registrar.

The writ petition is disposed of as above.

Sd/-

N.NAGARESH JUDGE AMR 2024:KER:71445

APPENDIX OF WP(C) 30311/2024

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.