Dismissed¶45

Mr Dayananda Thokkottu v. the Recovery Officer

Karnataka HC3 Jun 2025WP/9544/2025

Case brief

AI extract

What is this about?

Karnataka High Court; WP No. 9544 of 2025 (CS-RES); Dayananda Thokkottu v. Recovery Officer and Assistant Registrar of Co-operative Societies, Mangaluru Sub Division; Mangalore Co-operative Building Society Ltd.; Article 226; quashing of communication Ref. No. 999/2024-25 dated 17-01-2025; one-time settlement of co-operative society dues; Rule 38-A (13) Karnataka Co-operative Rules 1960; representation dated 22-03-2025; settlement between parties; dismissed as not pressed; Justice Suraj Govindaraj; decided 03-06-2025.

What did the court decide?

In view of the memo filed by learned counsel for the petitioner recording that a settlement had been arrived at between the parties, the writ petition stands dismissed as not pressed; no substantive issue was adjudicated. ¶45

Mr Dayananda Thokkottu Vs the Recovery Officer — Writ and Judicial Review | Karnataka HC (2025)

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NC: 2025:KHC:18868 WP No. 9544 of 2025

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HC-KAR

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 3^RD DAY OF JUNE, 2025

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BEFORE

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THE HON'BLE MR JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 9544 OF 2025 (CS-RES)

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BETWEEN:

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MR. DAYANANDA THOKKOTTU, S/O LATE BALAGANGADHARA, AGED ABOU 47 YEARS, R/AT D.NO.21-69, NEAR AMBEDKAR GROUND, KRISHNAGARA, THOKKOTU, MANGALURU – 575 017.

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…PETITIONER

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(BY SRI. ASHWIN JOYSTON KUTINHA., ADVOCATE)

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AND:

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THE RECOVERY OFFICER

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Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA

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AND ASSISTAN REGISTRAR OF CO-OPERAITVE SOCIETIES, MANGALURU SUB DIVISION, MANGALURU – 575 001.

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THE MANGALORE CO-OPERATIVE BUILDING SOCIETY LTD., A CO-OPERATIVE SOCIETY REGISTERED UNDER THE KARNATAKA CO-OPERATIVE SOCIETY ACT, HAVNIG ITS REGISTERED OFFICE AT 1^ST FLOOR, CLASSIQUE ARCADE, KSR ROAD, HAMPANKATTA,

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2 - NC: 2025:KHC:18868 WP No. 9544 of 2025

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HC-KAR

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MANGALURU, KARNATAKA – 575 001. REPRESENTED BY SECRETARY.

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SRI. MAHESH, S/O LATE BALAGANGADHARA, AGED ABOUT 45 YEARS, R/AT D.NO.21-69,

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NEAR AMBEDKAR GROUND, KRISHNANAGARA, THOKKOTTU, MANGALORE – 575 017.

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SMT. SOUMYA, W/O DAYANANDA THOKKOTTU, AGED ABOUT 42 YEARS, R/AT D.NO.21-69, NEAR AMBEDKAR GROUND, KRISHNANAGARA, THOKKOTTU, MANGALURU – 575 017.

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SMT. PRIYANKA R., D/O BHAVANI SHANKAR, AGE NOT KNOWN TO THE PETITIONER, R/AT 21-38/1, AITHAPPA COMPOUND, CHURCH ROAD – THOKKOTTU, ULLAL, MANGALURU – 575 020.

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…RESPONDENTS

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(BY SRI.YOGESH D NAIK, AGA FOR R1; SRI.K.S.N.RAJESH, ADVOCATE FOR R2; NOTICE TO R3 TO R5 SERVED)

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THIS W.P. IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE COMMUNICATION DATED 17.01.2025 BEARING REFERENCE NO.999/2024-25 ISSUED BY THE R-2 TO THE R-5 AND ETC.,

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NC: 2025:KHC:18868 WP No. 9544 of 2025

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HC-KAR

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THIS PETITION, COMING ON FOR ORDERS, THIS DAY,

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ORDER WAS MADE THEREIN AS UNDER:

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CORAM: HON'BLE MR JUSTICE SURAJ GOVINDARAJ

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ORAL ORDER

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1. Petitioner is before this Court seeking for the following reliefs:

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(i) Issue a writ of Certiorari to quash the communication dated 17-01-2025 bearing reference no. 999/2024-25 issued by the Respondent No.02 to the Respondent No.05 and

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(ii) Issue a writ of mandamus or any other writ, order or direction to the Respondent No.02 to consider the representation dated 22-03-2025 and consequently give an opportunity to the Petitioner to settle his dues payable to the Respondent No.02 by way of one time settlement in view of Rule 38-A (13) of the Karnataka Co-operative Rules, 1960;

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(iii) Grant any other writ, order or direction as this Hon'ble court deems fit and proper under the circumstances of this case

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Learned counsel for the petitioner has filed a memo

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which reads as under:

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"In view of the settlement arrived at between the parties, this writ petition does not survive for consideration and hence may be dismissed as not pressed".

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NC: 2025:KHC:18868 WP No. 9544 of 2025

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HC-KAR

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