The High Court, Kerala, dismissed a writ appeal challenging a Single Judge's order refusing a review of judgment, modifying the costs to be borne by parties instead of the appellant.
The appeal was dismissed; the order on costs was modified to be borne by all parties.
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 PIUS C.KURIAKOSE
&
THE HON'BLE MR. JUSTICE BABU MATHEW P.JOSEPH
TUESDAY, THE 20TH DAY OF NOVEMBER 2012/29TH KARTHIKA 1934
WA.No. 2016 of 2012 IN RP.687/2012
AGAINST THE ORDER IN RP.687/2012 AGAINST THE JUDGMENT IN WPC.31007/2011
APPELLANT/REVIEW PETITIONER/IST PETITIONER:
VELLANADU SERVICE CO-OPERATIVE BANK LTD. NO. 2379, VELLANADU,VELLANADU VILLAGE,NEDUMANGADU TALUK
THIRUVANANTHAPURAM DISTRICT
REPRESENTED BY THE CONVENOR OF THE ADMINISTRATIVE COMMITTEE.
BY ADVS.SRI.B.S.SWATHY KUMAR
SMT.P.V.SOBHANA
SMT.V.BEENA
RESPONDENTS/RESPONDENTS 1 TO 5/RESPONDENTS & 2nd PETITIONER :
WA.No. 2016 of 2012 -2-
R2, R3 BY SPL. GOVERNMENT PLEADER SRI.D.SOMASUNDRAM R4 TO R7 SRI.R.HARIKUMAR R1 SRI.THOMAS ABRAHAM
THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 20-11-2012, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
PIUS C. KURIAKOSE & BABU MATHEW P. JOSEPH, JJ.
Writ Appeal No.2016 of 2012
Dated this the 20th day of November, 2012
JUDGMENT
Pius C. Kuriakose, J
Even though appealing submissions were addressed before us by Sri.B.S.Swathi Kumar, the learned counsel for the appellant in this appeal challenging the order passed by the learned Single Judge refusing to review his own judgment in the Writ Petition, we do not find any infirmity about what was done by the learned Single Judge. Perhaps taking into account the fact that the appellant is a cooperative bank, the learned Single Judge could have avoided mulcting the appellant with cost. Under the judgment in the Writ Petition the appellant was directed to initiate requisite steps for the conduct of election to the Managing Committee of the society. The election process is already on. We therefore, dismiss the appeal, however, modifying the
Writ Appeal No.2016 of 2012
-2-
impugned order to the extent of saying that the costs in the matter of RP will be borne by the parties.
Sd/PIUS C. KURIAKOSE JUDGE
Sd/BABU MATHEW P. JOSEPH JUDGE
kns/-
//TRUE COPY//
P.A. TO JUDGE
VELLANADU SERVICE CO-OPERATIVE BANK LTD
STATE CO-OPERATIVE ELECTION COMMISSION
JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES(GENERAL)
ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES(GENERAL)
G.SANTHOSH KUMAR
S.KRISHNAKUMAR
PIUS C. KURIAKOSE
BABU MATHEW P. JOSEPH
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
