A review petition was dismissed by the Co-Operative Societies Tribunal and again by this Court. The High Court held that since the prior review was dismissed and an election was scheduled, there was no ground to condone delay or allow the present review petition, leading to its dismissal.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT :
THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN
TUESDAY, THE 26TH AUGUST 2008 / 4TH BHADRA 1930
RP.No. 893 of 2008(I) --------------------AGAINST THE JUDGEMENT/ORDER IN WPC.4491/2008 Dated 07/02/2008 ....................
REVIEW PETITIONER/IST RESPONDENT:
-------------------------------------------------------------
ADMINISTRATOR, CHERTHALA SERVICE CO-OPERATIVE BANK LTD.NO.1688, (UNIT INSPECTOR, OFFICE OF THE ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES, CHERTHALA), CHERTHALA, ALAPPUZHA DISTRICT.
BY ADV. SRI.MILLU DANDAPANI
RESPONDENTS: PETITIONER/2ND RESPONDENT IN WPC:
--------------------------------------------------------------------------------------1. SHRI.DINESAN R., S/O.RAMANS MEMBER NO.12139, NIKARTHIL, NEDUMBRAKADU, CMC-5, CHERTHALA P.O., ALAPPUZHA DISTRICT.
2. THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES (GENERAL), ALAPPUZHA.
BY ADV. SRI. M.SASINDARAN – R1 BY SR. GOVERNMENT PLEADER SMT. ANU SIVARAMAN- R2
THIS REVIEW PETITION HAVING COME UP FOR ADMISSION ON 26/08/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Kss
THOTTATHIL B. RADHAKRISHNAN, J.
C.M.A. No.362/2008 & R.P.No.893 of 2008 in W.P.(C) No.4491 of 2008
--------------------------------------------Dated this the 26th day of August, 2008
O R D E R
Following the directions in the judgment, the
Joint Registrar of Co-operative Societies had filed a review petition as R.P.No.545/2008. That was dismissed on 24-6-2008. It is also stated that the election is scheduled to be on 07-09-2008. The Administrator of a society is appointed to carry out his duties and responsibilities under the control of the Joint Registrar. The Review Petition No.545/2008 having been dismissed, there is absolutely no room to allow this review petition. Hence, I do not find any ground either to allow the review petition or to condone the delay, though they are stated to have been instituted before the dismissal of R.P.No.545 of 2008. Hence, C.M. Application and Review petition are dismissed.
Sd/- THOTTATHIL B. RADHAKRISHNAN, JUDGE
skr/27/8
// True copy //
P.A. to Judge.
1 issue framed by the court
Whether the review petition regarding the appointment of Administrator could be allowed.
Administrator, Cherthala Service Co-Operative Bank Ltd.
Dinesan R.
The Joint Registrar of Co-operative Societies (General), Alappuzha
Thottathil B. Radhakrishnan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
