Kerala High Court
The Kappumthala Service Co-Operative ... vs The State Of Kerala on 25 August, 2025
W.A.Nos.1213 & 1215 of 2025
1 2025:KER:64232
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE SUSHRUT ARVIND DHARMADHIKARI
&
THE HONOURABLE MR. JUSTICE SYAM KUMAR V.M.
TH
MONDAY, THE 25
DAY OF AUGUST 2025 / 3RD BHADRA,
1947
WA NO. 1213 OF 2025
AGAINST THE JUDGMENT DATED 02.04.2025 IN WP(C)
NO.5944 OF 2024 OF HIGH COURT OF KERALA
APPELLANT/PETITIONER:
HE KAPPUMTHALA SERVICE CO-OPERATIVE BANK LTD.
T
NO.142, KAPPUMTHALA P.O., MUTTUCHIRA, KOTTAYAM,
REPRESENTED BY ITS SECRETARY, PIN - 686613
Y ADVS.
B
SMT.NISHA GEORGE
SRI.GEORGE POONTHOTTAM (SR.)
SRI.A.L.NAVANEETH KRISHNAN
RESPONDENTS/RESPONDENTS:
1
HE STATE OF KERALA,
T
REPRESENTED BY THE SECRETARY, DEPARTMENT OF
CO-OPERATION, GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM, PIN - 695001
W.A.Nos.1213 & 1215 of 2025
2 2025:KER:64232
2
HE REGISTRAR OF CO-OPERATIVE SOCIETIES,
T
THIRUVANANTHAPURAM, JAWAHAR SAHAKARANA BHAVAN,
DPI JUNCTION, THYCAUD, THIRUVANANTHAPURAM,
PIN - 695014
3
HE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES,
T
OFFICE OF THE JOINT REGISTRAR OF CO-OPERATIVE
SOCIETIES, KOTTAYAM, PIN - 686002
4
HOMAS JAMES,
T
AGED 57 YEARS
S/O. JAMES, KUZHITHOTTATHIL HOUSE, VALACHIRA,
KADUTHURUTHY P.O., KOTTAYAM DISTRICT, PIN - 686613
Y ADVS.
B
SRI.ARUN CHANDRAN
SMT.AMRITA ARUN
SRI.K.P.HARISH, SR. GP
HIS
T WRIT
APPEAL
HAVING
COME
UP
FOR
ADMISSION
ON
19.08.2025,
ALONG
WITH WA.1215/2025, THE COURT ON
25.08.2025 DELIVERED THE FOLLOWING:
W.A.Nos.1213 & 1215 of 2025
3 2025:KER:64232
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE SUSHRUT ARVIND DHARMADHIKARI
&
THE HONOURABLE MR. JUSTICE SYAM KUMAR V.M.
TH
MONDAY, THE 25
DAY OF AUGUST 2025 / 3RD BHADRA,
1947
WA NO. 1215 OF 2025
AGAINST THE JUDGMENT DATED 02.04.2025 IN WP(C)
NO.29882 OF 2024 OF HIGH COURT OF KERALA
APPELLANTS/RESPONDENTS 2 AND 3:
1
HE MANAGING COMMITTEE OF THE KAPPUMTHALA SERVICE
T
CO-OPERATIVE BANK LTD. NO.142,
REPRESENTED BY ITS PRESIDENT, MUTTUCHIRA POST,
KOTTAYAM DISTRICT, PIN - 686613
2
APPUMTHALA SERVICE CO-OPERATIVE BANK LTD.
K
NO.142,
REPRESENTED BY ITS SECRETARY, MUTTUCHIRA POST,
KOTTAYAM DISTRICT, PIN - 686613
Y ADVS.
B
SMT.NISHA GEORGE
SRI.A.L.NAVANEETH KRISHNAN
SRI.GEORGE POONTHOTTAM (SR.)
W.A.Nos.1213 & 1215 of 2025
4 2025:KER:64232
RESPONDENTS/PETITIONER & 1ST RESPONDENT:
1
HOMAS JAMES,
T
AGED 58 YEARS
S/O. JAMES, KUZHITHOTTATHIL HOUSE, VALACHIRA,
KADUTHURUTHY P.O., KOTTAYAM DISTRICT, PIN - 686604
2
HE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES
T
[GENERAL], KOTTAYAM,
OFFICE OF THE JOINT REGISTRAR OF CO-OPERATIVE
SOCIETIES [GENERAL], KOTTAYAM,
KOTTAYAM DISTRICT, PIN - 686602
Y ADVS.
B
SRI.ARUN CHANDRAN
SMT.AMRITA ARUN
SRI.K.P.HARISH SR. GP
THIS
WRIT
APPEAL
HAVING
COME
UP
FOR
ADMISSION
ON
9.08.2025,
1 ALONG
WITH WA.1213/2025, THE COURT ON
25.08.2025 DELIVERED THE FOLLOWING:
W.A.Nos.1213 & 1215 of 2025
5 2025:KER:64232
JUDGMENT
Sushrut Arvind Dharmadhikari, J.
Since common questions of facts and law are involved in
these two appeals, they have been heard analogously and are
being decided by this common judgment.
2. Heard finally with the consent of both the parties.
3. The present intra-court appeals filed underSection5of
the Kerala High Court Act, 1958, assails the judgment dated
02.04.2025 passed in W.P(C)Nos.5944 of 2024 and 29882 of
2024, whereby the learned Single Judge has dismissed
W.P(C)No.5944 of 2014 which is filed by the Kappumthala
Service Co-operative Bank and allowed W.P(C)No.29882 of
2024 filed by Sri.Thomas James.
4. The brief facts of the case are that Sri.Thomas James
whoisthepartyrespondentinboththeappeals,wasworkingas
an Accountant in the Kappumthala Service Co-operative Bank.
Against the Resolution of the Managing Committee of the
W.A.Nos.1213 & 1215 of 2025
6 2025:KER:64232
Society, whereby Sri.Thomas James's request for voluntary
retirement was accepted by the appellants and therefore, his
services terminated with effect from 24.01.2017.
5. Earlier Sri.Thomas James had filed W.P(C)No.12463of
2017 which was dismissed by the learned Single Judge by
judgmentdated19.03.2021,withlibertytoSri.ThomasJamesfor
availing statutory alternative remedy as available under Section
69(2)(d)oftheKeralaCo-operativeSocietiesAct,1969.Thesaid
judgment was challenged by Sri.Thomas James in W.A.No.614
of 2021. The Division Bench is of theviewthattheproceedings
dated 24.01.2017 was only a reflection of the decisiontakenby
the Managing Committee of the Kappumthala Service
Co-operative Bank in respect of the Resolution passed in the
meeting held on19.01.2017.Inviewthereof,theDivisionBench
disposed of the writappealwiththeobservationthatthedispute
raisedwasnotinrespectoftheservicewhichwouldcomewithin
W.A.Nos.1213 & 1215 of 2025
7 2025:KER:64232
the ambit of Section 69(2)(d) of the Kerala Co-operative
Societies Act, 1969.
6.Thelearnedcounselfortheappellantssubmittedthatthe
learned Single Judge did not consider even a single ground
raisedinW.P(C)No.5944of2014.ThelearnedSingleJudgealso
failed to consider that Sri.Thomas James is a habitual offender
and various proceedings have been initiated againsthimforthe
misconduct of unauthorized absence. The impugned judgment
lays down a wrong precedent and isexpresslyagainstSections
69 and 70 of the Kerala Co-operative Societies Act, 1969. The
judgment passed by the learned Single Judge confers a power
and jurisdiction on the Registrar, which has not been expressly
conferred by the statute. The learned counselfortheappellants
submitted that, inviewoftheaforesaid,thejudgmentpassedby
the learned Single Judge deserves to be set aside and prayed
that the writ appeals be allowed.
W.A.Nos.1213 & 1215 of 2025
8 2025:KER:64232
7. Per contra, the learned counsel appearing for
Sri.ThomasJamessubmittedthatinanearlierroundoflitigation,
the appellants hadspecificallyagreedbeforetheDivisionBench
to allow Sri.Thomas James's to file an application under Rule
176 of the Kerala Co-operative Societies Rules to rescind the
Resolution of the Managing Committee dated 19.01.2017. The
appellants were heard, and after considering the matter on
merits, the Joint Registrar concluded that the Resolution dated
19.01.2017wasanillegalexerciseofthepowerbytheManaging
Committee and the same was setaside.Theaforesaiddecision
of the Joint Registrar was upheld by the Kerala Co-operative
Tribunal as well. Therefore, the appellants cannot beallowedto
take a u-turn in the present appeals to contend that the Joint
Registrar does not have the jurisdiction to decide the dispute
regarding the validity of the Resolution dated 19.01.2017. The
learnedcounselforSri.ThomasJames,therefore,submittedthat
in view of the above, these writ appeals be dismissed.
W.A.Nos.1213 & 1215 of 2025
9 2025:KER:64232
8. Heard the learned counsel for the appellants; the
learned counsel appearing for Sri.Thomas James and the
learned Government Pleader.
9.Intheearlierroundoflitigation,theDivisionBenchofthis
Court had independently held that "the question of validity of
resolutiondated19.01.2017isnotaservicedisputewhichwould
fall within the ambit of Section 69(2)(d) of the Kerala
Co-operative Societies Act and the decision of the learned
Division Bench has remained unchallenged, and it has attained
finality. The learned Single Judge has rightly come to the
conclusionthatthisCourtisnotsittinginappealorreviewofthe
said judgment, therefore, it wouldnotbeproperforthisCourtto
comment upon the judgment passed by the learned Division
Bench. Once the Division Bench has directed the parties, on
consent, to avail the remedy of Rules176oftheKeralaService
Co-operative Rules, neither the employee nor the Society can
W.A.Nos.1213 & 1215 of 2025
10 2025:KER:64232
take a contrary stand in these petitions which stands already
concluded."
In view of the aforesaid, we do not findanymeritinthese
appeals so as to interfere with the judgment passed by the
learned Single Judge. Accordingly, the writ appeals are hereby
dismissed.
All pending interlocutory applications stand closed.
Sd/-
SUSHRUT ARVIND DHARMADHIKARI
JUDGE
Sd/-
SYAM KUMAR V.M.
JUDGE
MC
W.A.Nos.1213 & 1215 of 2025
11 2025:KER:64232
APPENDIX OF WA 1215/2025
PETITIONER ANNEXURES
Annexure I
RUE
T COPY OF
THE
INTERIM
ORDER
IN
W.P.(C)
NO. 29882 OF
2024 DATED
28.10.2024 PASSED BY THIS HON'BLE COURT
W.A.Nos.1213 & 1215 of 2025
12 2025:KER:64232
APPENDIX OF WA 1213/2025
PETITIONER ANNEXURES
Annexure I
RUE
T COPY OF
THE
INTERIM ORDER
IN
W.P.(C)
NO. 29882 OF 2024 DATED
28.10.2024
PASSED BY THIS HON'BLE
COURT.
