Gireesh Kumar v. Joint Registrar of Co-Operative Societies
Case brief
What is this about?
The High Court set aside impugned orders under the Kerala Co-operative Societies Act initiating an enquiry. Holding that valuation of land by the Joint Registrar was mandatory per a prior judgment, the court directed the Registrar to complete valuation before issuing fresh notices.
What did the court decide?
Impugned orders set aside; Joint Registrar directed to issue fresh notice after completing land valuation by the Registrar.
What the court decided
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
SATURDAY, THE 17TH DAY OF DECEMBER 2016/26TH AGRAHAYANA, 1938
WP(C).No. 29838 of 2012 (D)
PETITIONER(S) :
GIREESH KUMAR, M.NO.3436, EX-PRESIDENT, ANKAMALY SERVICE CO-OPERATIVE BANK LTD.NO. 714, RESIDING AT KIZHAKKE MOOTHATT HOUSE, (GIRI BHAVAN), H.NO. 135, NAYATHODE, ANKAMALY.
BY ADV. SRI.P.P.JACOB
RESPONDENT(S) :
1. THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES, ERNAKULAM, COCHIN-682 016.
2. THE ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES (G), OFFICE OF THE ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES (G), ALUVA, PIN-683 101.
Issues for consideration
3 issues framed by the court
Whether impugned orders initiating enquiry under section 68 (1) of the Kerala Co-operative Societies Act were sustainable without valuation by the Joint Registrar.
Whether jurisdictional facts existed for initiation of proceedings under section 65 (1) (a) of the Kerala Co-operative Societies Act regarding loss related to land purchase.
Whether the matter required reconsideration before fresh notice and decision could proceed.
Parties & counsel
- petitioner
GIREESH KUMAR
- respondent
THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES, ERNAKULAM
- respondent
THE ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES (G)
- respondent
THE STATE OF KERALA
- respondent
SHABIN ANTONY
Case details
As recorded by the court registry
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