Dismissed

Cyriac Zacharias v. Registrar, Office of the Registrar of Co-Operative Societies

Kerala HC6 Aug 2012WP(C)/1133/2012

Case brief

AI extract

What is this about?

Petitioners challenged alleged mismanagement of a co-operative bank by its board members. The High Court directed the Registrar to consider the petitioners' detailed complaint of illegal acts and pass appropriate orders after hearing interested parties within two months.

What did the court decide?

Petitioners are directed to be heard and the 1st respondent is directed to consider the complaint and pass orders within two months.

Cyriac Zacharias Vs Registrar, Office of the Registrar… — Cooperative Societies | Kerala HC (2012)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT:

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THE HONOURABLE MR.JUSTICE K.SURENDRA MOHAN

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MONDAY, THE 6TH DAY OF AUGUST 2012/15TH SRAVANA 1934

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WP(C).No. 1133 of 2012 (N)

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PETITIONER(S):

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1. CYRIAC ZACHARIAS, AGED 59 YEARS

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AGED 59, S/O.ZACHARIASA, KALLIDUKKIL

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ALAKODE, KALAYANTHANI P.O., THODUPUZHA.

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2. THERESSA,

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AGED 69, D/O.GEORGE, THERESSA PAUL

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VARIKATTU, CHILAVU P.O., THODUPUZHA

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IDUKKI DISTRICT.

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BY ADVS.SRI.P.K.IBRAHIM

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SMT.K.P.AMBIKA SMT.V.BEENA

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RESPONDENT(S):

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1. REGISTRAR, OFFICE OF THE REGISTRAR OF CO-OPERATIVE SOCIETIES THIRUVANANTHAPURAM-1.

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2. ALAKODE SERVICE CO-OPERATIVE BANK LTD.NO.1588

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ALAKODE, KALAYANTHANI P.O., THODUPUZHA

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PIN-685 588, REPRESENTED BY ITS SECRETARY.

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3. THOMAS MATHEW, PRESIDENT

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ALAKODE SERVICE CO-OPERATIVE BANK LTD.NO.1588

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ALAKODSE, KALAYANTHANI P.O., THODUPUZHA PIN-685 588.

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4. MR.MATHEW ABRAHAM, VICE PRESIDENT ALAKODE SERVICE CO-OPERATIVE BANK LTD.NO.1588 ALAKODE, KALYANTHANI P.O., THODUPUZHA PIN-685 588.

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BY ADV. SRI.JOICE GEORGE

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BY GOVERNMENT PLEADER SMT.ANITHA RAVINDRAN.

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THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 06-08-2012, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No. 1133 of 2012 (N)

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APPENDIX

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PETITIONER(S) EXHIBITS:-

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EXHIBIT P1: TRUE COPY OF THE REPRESENTATION DATED 14/12/2011 ADDRESSED TO THE 1ST RESPONDENT. EXHIBIT P2(a): COPY OF THE RELEVANT PAGES OF THE AUDIT REPORTS OF THE YEARS 2007-2008 OBTAINED UNDER RTI ACT. EXHIBIT P2(b): COPY OF THE RELEVANT PAGES OF THE AUDIT REPORTS OF THE YEAR 2008-2009, DEALING WITH DEFECTS. EXHIBIT P2(c): COPY OF THE RELEVANT PAGES OF THE AUDIT REPORTS OF THE YEAR 2009-2010 DEALING WITH DEFECTS.

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EXHIBIT P2(d): COPY OF THE RELEVANT PAGES OF THE AUDIT REPORTS OF THE YEAR 2010-2011 DEALING WITH DEFECTS. EXHIBIT P3(a): COPY OF THE DEFECTS POINTED OUT IN AUDIT REPORT OF THE YEAR 2004-2005.

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EXHIBIT P3(b): COPY OF THE DEFECTS POINTED OUT IN AUDIT REPORT OF THE YEAR 2005-2006. EXHIBIT P3(c): COPY OF THE DEFECTS POINTED OUT IN AUDIT REPORT OF THE YEAR 2006-2007.

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RESPONDENTS' EXHIBITS:-

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EXT.R2(a):	COPY OF THE REPORT NO.CR. 2050/2009 DTD.23.6.2009 SUBMITTED BY THE JOINT REGISTRAR, IDUKKI TO THE FIRST RESPONDENT REGISTRAR OF CO-OPERATIVE SOCIETIES.
EXT.R2(b):	COPY OF THE ORDER NO.CRP.4990/11 K.DIS. DATED 2.9.2011 OF THE JOINT REGISTRAR.
EXT.R2(c):	COPY OF THE RELEVANT EXTRACT OF THE AUDIT CERTIFICATE FOR THE YEAR 2010-11.
EXT.R2(d):	COPY OF THE REPRESENTATION DTD.10.2.2009 FILED BY THE SECOND PETITIONER AND OTHERS BEFORE THE MINISTER FOR CO-OPERATION.
EXT.R2(e):	COPY OF THE COMMUNICATION NO.D/214/2009 DTD.11.5.2009 ISSUED BY THE ASST.REGISTRAR (GENERAL) THODUPUZHA.

( TRUE COPY )

PA TO JUDGE

Kvs/-

K.SURENDRA MOHAN, J

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= = = = = = = = = = = = = WP(C).No.1133 of 2012

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= = = = = = = = = = = = =

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Dated this the 6^th August, 2012.

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J U D G M E N T

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The petitioners are members of the second respondent

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– Co-operative Bank, registered under the provisions of the Kerala Co-operative Societies Act, 1969. It is a primary Cooperative Bank. The third and fourth respondents are persons who have been members of the Board since 1980 and 1991 respectively. According to the petitioners, for the last more than twenty years they have been the President and the Vice President of the society. The petitioners complain that the society is being managed in gross violation of the Act and the Rules. Appointments are made in violation of the provisions of the Bye-laws of the society. Consequently, according to the petitioners, loss has been caused to the society, its assets have been mismanaged and the affairs of the society have been subjected to mal-

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WP(C).No.1133/2012.

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administration. Though the petitioners have been making complaints to the authorities pointing out various actions and omissions on the part of the persons in administration of the society, they complain that no action is being taken in the matter.

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Ext.P1 is a complaint submitted by the petitioners to the first respondent setting out the various illegal acts committed by the persons managing the affairs of the society, in detail. They seek the issue of appropriate directions for considering and taking necessary action on Ext.P1.

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I have heard the learned Govt.Pleader also.

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The Govt.Pleader assures that the complaint of

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the petitioners would be considered and necessary action taken thereon.

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This writ petition is in the above circumstances disposed of directing the first respondent to consider the complaint of the petitioners set out in their representation,

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WP(C).No.1133/2012.

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Ext.P1 in accordance with law and to pass appropriate orders thereon, as expeditiously as possible and at any rate within a period of two months of the date of receipt of a copy of this judgment, after hearing the petitioners as well as other interested persons.

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K.SURENDRA MOHAN,

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Kvs/-

Cyriac Zacharias v. Registrar, Office of the Registrar of Co-Operative Societies

Case brief

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Cyriac Zacharias v. Registrar, Office of the Registrar of Co-Operative Societies

Case brief

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