Petitioners filed a writ petition to quash an enquiry report under Section 68 of the Kerala Co-operative Societies Act. The court observed the relief had become infructuous as the underlying report was cancelled. The petition was dismissed.
No relief granted; petition dismissed as infructuous.
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 ANIL K.NARENDRAN
TUESDAY ,THE 04TH DAY OF DECEMBER 2018 / 13TH AGRAHAYANA, 1940
WP(C).No.28047 of 2018
PETITIONERS:
1 K.K.THOMAS KALAPPURAKKAL HOUSE, PUTHUPERIYARAM P.O., MANAKADU, IDUKKI.
4 BITTAJ JOSEPH, ORAPPANIYIL HOUSE, THODUPUZHA, IDUKKI
BY ADVS. SRI JACOB P.P SRI.R.GOPALAKRISHNAN
RESPONDENTS:
1 THE REGISTRAR OF CO-OPERATIVE SOCIETIES OFFICE OF THE REGISTRAR OF CO-OPERATIVE SOCIETIES, THIRUVANANTHAPURAM-695 001.
3 THE ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES (G), THODUPUZHA, OFFICE OF THE ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES(G), THODUPUZHA P.O., PIN - 685 584.
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THODUPUZHA, IDUKKI, PIN – 685 584
5 MERCY KURIAN, DEPUTY REGISTRAR, ADMINISTRATION, IDUKKI, OFFICE OF THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES (G), PAINAVU, IDUKKI - 685603
ADDL. SANTHOSH P.K. R6. AGED 47 YEARS S/O.P.K.KUTTY,PARAKKAL HOUSE, THODUPUZHA EAST P.O., IDUKKI DISTRICT. (ADDL.R6 IS IMPLEADED AS PER ORDER DATED 18.09.2018 IN IA 1/2018)
BY ADVS. SRI.M.SASINDRAN SRI K P HARISH, SENIOR GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 04.12.2018, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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JUDGMENT
The petitioners who are the members of the 4th
respondent Society, which is a Co-operative society registered under the Kerala Co-operative Societies Act, 1969 and the rules made thereunder, have filed
this writ petition under Article 226 of the
Constitution of India seeking writ of certiorari to
quash Ext.P4 report dated 19/07/2018 of the 5th respondent, under sub-section (1) of Section 68 of the Kerala Co-operative Societies Act.
for admission, the learned Senior Government Pleader was directed to get instructions.
consideration,the learned counsel for the petitioner would submit that, the relief sought for in this
writ petition has become infructuous, in view of the
order of the Registrar of Co-operative Societies No.RCS/5206/2018/MT-4(I) dated 31/10/2018, whereby
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the enquiry report under Section 65 of the Act
stands cancelled.
respondent would point out that the order dated 31/10/2018 of the Registrar of Co-operative
Societies is already under challenge in another writ petition.
submission made by the learned counsel for the petitioners, this writ petition is dismissed as infructuous.
expressed anything as to the merits of the order dated 31/10/2018 of the Registrar of Co-operative Societies.
Sd/-
ANIL K.NARENDRAN
JUDGE
DK
1 issue framed by the court
Whether the writ petition seeking quashing of an enquiry report has become infructuous following the cancellation of said report.
2 provisions across 2 enactments
K.K.THOMAS KALAPPURAKKAL AND ORS.
THE REGISTRAR OF CO-OPERATIVE SOCIETIES AND ORS.
ANIL K.NARENDRAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
