Disposed

Joshy.K.C. v. State of Kerala

Kerala HC20 Dec 2016WP(C)/224/2008

Case brief

AI extract

What is this about?

The High Court of Kerala allowed a writ petition regarding alleged illegal appointments in cooperative banks. Noting the investigation was still pending after eight years, the court directed the Registrar to complete the enquiry within three months and dispose of the petition.

What did the court decide?

Directing the Registrar of Co-operative Societies to complete the pending investigation report within three months.

Joshy.K.C. Vs State of Kerala — Cooperative Societies | Kerala HC (2016)

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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 DEVAN RAMACHANDRAN

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TUESDAY, THE 20TH DAY OF DECEMBER 2016/29TH AGRAHAYANA, 1938

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WP(C).No. 224 of 2008 (B)

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PETITIONER(S) :

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JOSHY K.C., CHANDRAGIRI, 3/402-A, KARATT ROAD, WEST NADAKKAVU, KOZHIKODE DISTRICT.

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BY ADV. SRI.KALEESWARAM RAJ

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RESPONDENT(S) :

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1. STATE OF KERALA, REPRESENTED BY SECRETARY TO GOVERNMENT, DEPARTMENT OF CO-OPERATION, SECRETARIAT, THIRUVANANTHAPURAM.

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2. THE REGISTRAR OF CO-OPERATIVE SOCIETIES, THIRUVANANTHAPURAM.

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3. ALAPPUZHA DISTRICT CO-OPERATIVE BANK LTD., REPRESENTED BY GENERAL MANAGER, ALAPPUZHA DISTRICT CO-OPERATIVE BANK LTD., P.B.NO.104, ALAPPUZHA-688 001.

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4. THE ERNAKULAM DISTRICT CO-OPERATIVE BANK LTD., REPRESENTED BY GENERAL MANAGER, ERNAKULAM DISTRICT CO-OPERATIVE BANK LTD., P.B.NO.4, KOCHI-682 030.

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5. THE IDUKKI DISTRICT CO-OPERATIVE BANK LTD., REPRESENTED BY GENERAL MANAGER, IDUKKI DISTRICT CO-OPERATIVE BANK LTD., P.B.NO.2, IDUKKI COLONY P.O., PIN-685 602.

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6. THE KANNUR DISTRICT CO-OPERATIVE BANK LTD., REPRESENTED BY THE GENERAL MANAGER, KANNUR DISTRICT CO-OPERATIVE BANK LTD., P.B.NO.35, KANNUR 670 001.

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7. THE KASARAGOD DISTRICT CO-OPERATIVE BANK LTD., REPRESENTED BY THE GENERAL MANAGER,, KASARAGOD DISTRICT CO-OPERATIVE BANK LTD., P.B.NO.48, NAYAKS ROAD, KASARGOD-671 121.

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..2/-

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..2..

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WP(C).No. 224 of 2008 (B)

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8. THE KOLLAM DISTRICT CO-OPERATIVE BANK LTD., REPRESENTED BY GENERAL MANAGER, KOLLAM DISTRICT CO-OPERATIVE BANK LTD. P.B.NO.130, KOLLAM-691 001.

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9. THE KOTTAYAM DISTRICT CO-OPERATIVE BANK LTD., REPRESENTED BY THE GENERAL MANAGER, KOTTAYAM DISTRICT CO-OPERATIVE BANK LTD., P.B.NO.140, KOTTAYAM-686 001.

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10. THE KOZHIKODE DISTRICT CO-OPERATIVE BANK LTD., REPRESENTED BY THE GENERAL MANAGER, KOZHIKODE DISTRICT CO-OPERATIVE BANK LTD., P.B.NO.503, KALLAI ROAD, KOZHIKODE-673 002.

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11. MALAPPURAM DISTRICT CO-OPERATIVE BANK LTD., REPRESENTED BY THE GENERAL MANAGER, MALAPPURAM DISTRICT CO-OPERATIVE BANK LTD., P.B.NO.8, MALAPPURAM-676 505.

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12. PALAKKAD DISTRICT CO-OPERATIVE BANK LTD., REPRESENTED BY THE GENERAL MANAGER, PALAKKAD DISTRICT CO-OPERATIVE BANK LTD., P.B.NO.521, HEAD POST OFFICE ROAD, SULTHANPET, PALAKKAD-678 001.

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13. PATHANAMTHITTA DISTRICT CO-OPERATIVE BANK LTD., REPRESENTED BY THE GENERAL MANAGER, PATHANAMTHITTA DISTRICT CO-OPERATIVE BANK LTD. P.B.NO.45, HEAD OFFICE, PATHANAMTHITTA-689 645.

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14. THIRUVANANTHAPURAM DISTRICT CO-OPERATIVE BANK LTD., REPRESENTED BY THE GENERAL MANAGER, THIRUVANANTHAPURAM DISTRICT CO-OPERATIVE BANK LTD.P.B.NO.5122, THIRUVANANTHAPURAM.

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15. THRISSUR DISTRICT CO-OPERATIVE BANK LTD., REPRESENTED BY THE GENERAL MANAGER, THRISSUR DISTRICT CO-OPERATIVE BANK LTD. P.B.NO.187, KURUPPAM ROAD, THRISSUR-680 001.

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16. THE WAYANAD DISTRICT CO-OPERATIVE BANK LTD., REPRESENTED BY THE GENERAL MANAGER, WAYANAD DISTRICT CO-OPERATIVE BANK LTD., P.O. KALPATTA NORTH, WAYANAD-673 122.

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17. THE KERALA STATE CO-OPERATIVE BANK LTD., REPRESENTED BY THE MANAGING DIRECTOR,, KERALA STATE CO-OPERATIVE BANK LTD. P.B.NO.6514, CO-BANK TOWERS, PALAYAM, THIRUVANANTHAPURAM.

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..3/-

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..3..

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WP(C).No. 224 of 2008 (B)

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18. THE KERALA STATE CO-OPERATIVE AGRICULTURAL & RURAL DEVELOPMENT BANK LTD., REPRESENTED BY THE MANAGING DIRECTOR, THE KERALA STATE CO-OPERATIVE AGRICULTURAL & RURAL DEVELOPMENT BANK LTD., P.B.NO.56, STATUE JUNCTION, THIRUVANANTHAPURAM.

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19. THE KERALA CO-OPERATIVE HOSPITAL FEDERATION LTD., REPRESENTED BY THE MANAGING DIRECTOR, KERALA CO-OPERATIVE HOSPITAL FEDERATION LTD., BUILDING NO.43/563, INDIRA GANDHI, HOSPITAL COMPLEX, GANDHI NAGAR, COCHIN-682 020 (CORRECTED).

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THE NAME OF THE POST OF R19 IS CORRECTED BY DELETING 'MANAGING DIRECTOR' AND ADDING 'SECRETARY' AND THE NAME OF THE PLACE IS CORRECTED BY DELETING 'GANDHI NAGAR' AND ADDING 'KADAVANTHRA' AT THAT PLACE AS PER ORDER DATED 22.09.2008 IN I.A.NO. 12100/2008.

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20. KERALA STATE CO-OPERATIVE HOUSING FEDERATION LTD.NO.433O, REPRESENTED BY MANAGING DIRECTOR, KERALA STATE CO-OPERATIVE HOUSING FEDERATION LTD. P.B.NO.1896, KALOOR, ERNAKULAM.

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21. THE KERALA STATE FEDERATION OF SCHEDULED CASTES & SCHEDULED TRIBES DEVELOPMENT CO-OPERATIVE LTD., REPRESENTED BY MANAGING DIRECTOR, THE KERALA STATE FEDERATION OF SCHEDULED CASTES & SCHEDULED TRIBES DEVELOPMENT, CO-OPERATIVES LTD. PEROORKADA, THIRUVANANTHAPURAM- 695 005.

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22. THE KERALA CO-OPERATIVE MILK MARKETING FEDERATION LTD., REPRESENTED BY MANAGING DIRECTOR, KERALA CO-OPERATIVE MILK MARKETING FEDERATION LTD., MILMA BHAVAN, PATTOM PALACE, THIRUVANANTHAPURAM-695 004.

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23. KERALA STATE CO-OPERATIVE CONSUMERS' FEDERATION LTD., REPRESENTED BY THE MANAGING DIRECTOR, KERALA STATE CO-OPERATIVE CONSUMERS' FEDERATION LTD., GANDHI NAGAR, ERNAKULAM, KOCHI-682 020.

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24. THE KERALA STATE HANDICRAFTS APEX CO-OPERATIVE SOCIETY LTD., REPRESENTED BY THE MANAGING DIRECTOR, KERALA STATE HANDICRAFTS APEX CO-OPERATIVE SOCIETY LTD., MANNANCHERIL BUILDING, KANNATHODUTH LANE, VALANJAMBALAM, ERNAKULAM.

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..4/-

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..4..

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WP(C).No. 224 of 2008 (B)

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25. THE KERALA STATE CO-OPERATIVE COIR MARKETING FEDERATION LTD., REPRESENTED BY THE MANAGING DIRECTOR, THE KERALA STATE CO-OPERATIVE, COIR MARKETING FEDERATION LTD., P.B.NO,4616, ALAPPUZHA-688 012.

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26. THE KERALA STATE CO-OPERATIVE RUBBER MARKETING FEDERATION LTD., REPRESENTED BY THE MANAGING DIRECTOR, KERALA STATE CO-OPERATIVE RUBBER MARKETING FEDERATION LTD. P.B.NO.15, GANDHI NAGAR, KOCHI-682 020.

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27. THE KERALA KERAKARSHAKA SAHAKARANA FEDERATION LTD. NO.4370, REPRESENTED BY THE MANAGING DIRECTOR, THE KERALA KERAKARSHAKA, SAHAKARANA FEDERATION LTD., ARISTO JUNCTION, THIRUVANANTHAPURAM-695 014.

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28. THE KERALA WOMEN CO-OPERATIVE FEDERATION LTD. NO.4440, REPRESENTED BY THE MANAGING DIRECTOR, KERALA WOMEN CO-OPERATIVE FEDERATION LTD., KSCB BUILDING, OVER BRIDGE JUNCTION, THIRUVANANTHAPURAM.

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29. THE KERALA STATE SERICULTURE CO-OPERATIVE FEDERATION LTD., REPRESENTED BY THE MANAGING DIRECTOR, KERALA STATE SERICULTURE CO-OPERATIVE FEDERATION LTD., VAN ROSS SANSKRIT COLLEGE LANE, UNIVERSITY POST, THIRUVANANTHAPURAM-34

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30. THE KERALA STATE HANDLOOM WEAVERS' CO-OPERATIVE FEDERATION LTD., REPRESENTED BY THE MANAGING DIRECTOR, KERALA STATE HANDLOOM WEAVERS', CO-OPERATIVE FEDERATION LTD. P.B.NO. 64, THIRUVANANTHAPURAM-695 001.

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31. THE KERALA STATE CASHEW WORKERS APEX INDUSTRIAL CO-OPERATIVE SOCIETY LTD., REPRESENTED BY THE MANAGING DIRECTOR, THE KERALA STATE CASHEW WORKERS APEX INDUSTRIAL CO-OPERATIVE SOCIETY LTD. P.B.NO.262, R.R.BUILDING, KOLLAM-691 001.

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32. THE KERALA STATE CO-OPERATIVE MARKETING FEDERATION LTD., REPRESENTED BY THE MANAGING DIRECTOR, KERALA STATE CO-OPERATIVE, MARKETING FEDERATION LTD., P.B.NO.2024, GANDHI NAGAR, COCHIN-682 020.

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..5/-

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..5..

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WP(C).No. 224 of 2008 (B)

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33. THE KERALA STATE CO-OPERATIVE TEXTILES FEDERATION LTD., REPRESENTED BY THE MANAGING DIRECTOR, KERALA STATE CO-OPERATIVE TEXTILES FEDERATION LTD.,THIRUVANANTHAPURAM.

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34. THE KERALA STATE CO-OPERATIVE FEDERATION FOR FISHERIES DEVELOPMENT, REPRESENTED BY THE MANAGING DIRECTOR, KERALA STATE CO-OPERATIVE FEDERATION FOR FISHERIES DEVELOPMENT, KURAVANKONAM, THIRUVANANTHAPURAM.

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ADDITIONAL R35 IMPLEADED

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35. THE CO-OPERATIVE VIGILANCE OFFICER/ DIG OF POLICE, THIRUVANANTHAPURAM.

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ADDITIONAL R35 IS IMPLEADED AS PER ORDER DATED 20.01.2009 IN I.A.NO. 279 OF 2009.

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R1 & R35 BY GOVERNMENT PLEADER SRI. SYAMJI RAM R3, R14 & R15 BY ADVS. SRI.V.G.ARUN

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SRI.T.R.HARIKUMAR

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R4 BY ADVS. SRI.P.V.SURENDRANATH

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SMT.I.SHEELA DEVI R5 & R13 BY ADV. SRI.P.C.SASIDHARAN R6 BY ADVS. SRI.P.NARAYANAN

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SMT.M.MEENA JOHN R7 BY ADVS. SRI.M.SASINDRAN

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SRI.JAWAHAR JOSE R8 BY ADV. SRI.B.VINOD R9 BY ADVS. SRI.T.A.SHAJI SRI.SUNIL CYRIAC R10 BY ADVS. SRI.P.V.KUNHIKRISHNAN

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SRI.R.SUDHISH R11 BY SRI.U.K.RAMAKRISHNAN (SENIOR ADVOCATE) ADVS. SRI.V.KRISHNA MENON

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SMT.P.VIJAYAMMA R12 BY ADVS. SRI.K.B.ARUN

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SRI.M.PAUL VARGHESE SRI.M.M.MONAYE R13 BY ADV. SRI.JACOB P.ALEX R16 BY ADV. SRI.MILLU DANDAPANI R17 BY ADVS. SRI.NAGARAJ NARAYANAN

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SRI.K.RAVIKUMAR SRI.GEORGE POONTHOTTAM R18 BY ADV. SRI.GEORGE POONTHOTTAM R19 BY ADV. SRI.A.A.MOHAMMED NAZIR R20 BY ADVS. SRI.A.K.CHINNAN

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SMT.SUSAL A. CHINNAN

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..6/-

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..6..

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WP(C).No. 224 of 2008 (B)

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R21 BY ADV. SRI.T.A.SHAJI R22 & R33 BY SRI.B.S.KRISHNAN (SENIOR ADVOCATE) ADVS. SRI.K.ANAND SMT.LATHA KRISHNAN

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R23 BY ADV. SRI.M.SASINDRAN R24 BY ADV. SRI.P.J.MATHEW R25 BY ADV. SRI.K.S.HARIHARAPUTHRAN R25 BY SMT.V.P.SEEMANDINI (SENIOR ADVOCATE) ADVS. SRI.JOBY CYRIAC SRI.P.C.SASIDHARAN

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R26 BY SRI.K.RAMAKUMAR (SENIOR ADVOCATE) ADV. SRI.T.RAMPRASAD UNNI R28 BY ADV. SRI.PIRAPPANCODE V.S.SUDHIR R30 BY ADV. SRI.T.M.RAMAN KARTHA R34 BY ADVS. SRI.GEORGE POONTHOTTAM SRI.SHYAM KRISHNAN SRI.P.K.VIJAYA MOHANAN

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THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 20-12-2016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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Msd.

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WP(C).No. 224 of 2008 (B)

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APPENDIX

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PETITIONER'S EXHIBITS:

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EXHIBIT P1: TRUE COPIES OF THE NEW REPORTS WHICH APPEARED IN VARIOUS NEWS PAPERS.

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EXHIBIT P2: TRUE COPY OF THE KERALA CO-OPERATIVE SOCIETIES (AMENDMENT ORDINANCE) 1995.

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EXHIBIT P3: TRUE COPY OF THE LETTER DATED 13.08.2003 ISSUED BY THE REGISTRAR OF CO-OPERATIVE SOCIETIES TO THE GENERAL MANAGER OF ALL THE DISTRICT CO-OPERATIVE BANKS.

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EXHIBIT P4: TRUE COPY OF THE LETTER DATED 19.07.2007 ISSUED BY THE 2ND RESPONDENT.

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EXHIBIT P5: TRUE COPY OF THE LETTER DATED 06.07.2007 ISSUED BY THE 1ST RESPONDENT TO THE 2ND RESPONDENT.

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EXHIBIT P6: TRUE COPY OF THE REPLY DATED 08.03.2007 GIVEN BY THE HON'BLE MINISTER FOR CO-OPERATION.

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EXHIBIT P7: TRUE COPY OF THE PETITIONER FILED BY MANJU RAJESH BEFORE THE INFORMATION OFFICER UNDER THE 2ND RESPONDENT.

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EXHIBIT P8: TRUE COPY OF THE REPLY DATED 12.09.2007.

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EXHIBIT P9: TRUE COPY OF THE RECRUITMENT RULE FURNISHED BY SECRETARY, PSC VIDE LETTER DATED 27.07.1998 ISSUED TO ALL DIST. CO-OP. BANKS.

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EXHIBIT P10: TRUE COPY OF THE LETTER DATED 27.09.2008.

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EXHIBIT P11: TRUE COPY OF THE ANSWER TO QUESTION NO. 873.

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EXHIBIT P12: TRUE COPIES OF THE ARTICLES WHICH APPEARED IN MATHRUBHUMI DAILY DATED 03.01.2011 TO 07.01.2011.

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RESPONDENT(S)' EXHIBITS & ANNEXURES :

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EXHIBIT R24(A): TRUE COPY OF THE GOVERNMENT ORDER DATED 24.03.2001. EXHIBIT R24(B): TRUE COPY OF THE GOVERNMENT ORDER DATED 02.03.2007.

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WP(C).No. 224 of 2008 (B)

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ANNEXURE R35(A): TRUE COPY OF THE INTERIM REPORT OF DEPUTY INSPECTOR GENERAL OF POLICE, VIGILANCE OFFICER, CO-OPERATIVE VIGILANCE WING.

//TRUE COPY//

P.S.TO JUDGE.

Msd.

DEVAN RAMACHANDRAN, J.

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========================= W.P.(C) No.224 of 2008

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

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Dated this the 20^th day of December, 2016

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JUDGMENT

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The petitioner has approached this Court seeking the following prayers:

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“(i) to issue a writ of mandamus directing the first respondent to conduct an investigation into the illegal appointments to the post of Clerk/Cashier/Branch Manager, Deputy Branch Manager and such other posts in the District Cooperative Banks in Kerala State and in the apex Co-opertive Banks by an independency agency; (ii) to issue a writ of mandamus directing the first respondent to take appropriate action to cancel the illegal appointments to various posts in the apex Co-operative Banks and in the District Co-operative Bank made in violation of the amended statute and statutory rules entrusting the selection process to PSC;

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(iii) to issue a writ of mandamus directing the first and second respondents to evolve an effective mechanism to ensure that in the matter of appointment, the Rules of recruitment and the selection process as per the statute are strictly adhered to.”

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W.P.(C) No.224 of 2008

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By efflux of time, it is obvious that most of the reliefs sought for have now become ungrantable. However, it is brought to my notice by the learned counsel for the petitioner that an enquiry had been ordered regarding the issues raised by the petitioner and that, according to him, the enquiry is still pending. I notice that an interim order has been issued by this Court as early as on 14.01.2011, wherein this Court had directed the learned Government Pleader to ascertain and submit whether the enquiry referred to in Ext.P11 has been completed and a final report has already been submitted to the Registrar of Co-operative Societies concerned. This was followed by another order dated 31.01.2011, where it was again recorded that the enquiry had not been completed. Today, when the matter was came, I pointedly asked the learned Government Pleader as to the present stage of enquiry and he submits that as per the last instruction, the enquiry is still pending.

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This is a case that was filed as early as in 2008. More than eight years have elapsed and I do not think any further purpose would be served in keeping this writ petition pending on the files of this Court. I think the ends of justice would suffice

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W.P.(C) No.224 of 2008

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that the authorities before whom or with whom the investigation proceedings are pending or entrusted should be directed to complete the investigation within a time frame, so that the petitioner can then decide the future course of action available to him based on such report.

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I, therefore, direct the second respondent, before whom the enquiry is stated to be pending, to complete the proceedings within a period of three months from the date of receipt of a copy of this judgment, without fail and to send a copy of such report to the petitioner. The petitioner would be at liberty to deal with such report in any manner including to challenge or to initiate proceedings thereupon, if he is so advised.

¶117

I also record the submission made on behalf of the respondents that the appointments of the various posts referred to in the writ petition have been completed by the Public Service Commission and that nothing survives in the writ petition except for the closure of the investigation.

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Leaving open liberty to the petitioner to challenge or otherwise the report of investigation that will be given to him by the second respondent, I dispose of this writ petition. In the

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W.P.(C) No.224 of 2008

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nature of the facts and circumstances of the case, I make no order as to costs and the parties are directed to suffer their respective costs.

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Sd/- DEVAN RAMACHANDRAN JUDGE

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stu

Joshy.K.C. v. State of Kerala

Case brief

What is this about?

What did the court decide?

Joshy.K.C. v. State of Kerala

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

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