This writ petition challenging notices issued by the Assistant Registrar and proceedings by the Joint Registrar regarding cancellation of membership was dismissed as infructuous because the impugned order had already been challenged in a separate writ petition.
None granted; writ petition dismissed as infructuous.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN
MONDAY ,THE 05TH DAY OF NOVEMBER 2018 / 14TH KARTHIKA, 1940
WP(C).No. 31364 of 2018
PETITIONER/S:
8 K.J THOMAS,KOZHIKOTHIKKAL HOUSE, SANKARAPPILLY, MUTTOM P.O, THODUPUZHA, IDUKKI DISTRICT.
BY ADV. SRI.P.V.BABY
RESPONDENT/S:
R BY SR.GOVERNMENT PLEADER SMT.SHEEJA C.S. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 05.11.2018, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No. 31364 of 2018
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JUDGMENT
The petitioners, who are members of the 1st
respondent Co-operative Bank, have filed this writ petition under Article 226 of the Constitution of India, seeking a writ of certiorari to quash Exts.P3 to P10 notices issued by the 3rd respondent Assistant Registrar and to quash the same since those were issued without any authority of law. The petitioners have also sought for a declaration
that the 3rd respondent Assistant Registrar is not competent to entertain the petition stated to have been filed by the 2nd respondent, who is a member
of the 1st respondent Bank and to initiate proceedings on the same, since the power under Rule 16(4) of the Kerala Co-operative Societies Rules has not been conferred on the 3rd respondent
as per SRO No.198/69 published in Kerala Gazette No.19 dated 13.05.1969.
up for admission, the learned Senior Government
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Pleader sought time to get instructions. Thereafter, on 28.09.2018, this Court admitted the matter on file and issued urgent notice by speed post to respondents 1 and 2 returnable within three weeks. The learned Senior Government Pleader took notice for respondents 3 and 4. This Court granted an interim stay of all further proceedings on the basis of Exts.P3 to P10 to cancel the membership of the petitioners, for a period of one month. In the said order, it was made clear that the interim order granted will not stand in the
way of the 4th respondent Joint Registrar exercising his powers under Rule 16(4) of the Kerala Co-operative Societies Rules, 1969.
consideration along with W.P.(C).No.34568 of 2018, the learned counsel for the petitioners would
submit that the proceedings initiated by the 4th respondent Joint Registrar under Rule 16(4) of the Act culminated in order No.C.R.P.3080/2018 dated
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17.10.2018, which is under challenge in W.P. (C).No.34568 of 2018. Therefore, the reliefs sought for in this writ petition have become infructuous.
Recording the aforesaid submission made by the learned counsel for the learned counsel for the petitioners, this writ petition is dismissed as infructuous.
Sd/-
ANIL K.NARENDRAN
JUDGE
AV/7/11
1 issue framed by the court
Whether the writ petition proceedings initiated by the Joint Registrar under Rule 16(4) have culminated into an order making relief infructuous.
Subair Muhammed
Muttom Service Co-Operative Bank Ltd.
Shaju Thomas
Assistant Registrar of Co-Operative Societies (G) Thodupuzha
Joint Registrar of Co-Operative Societies (G) Idukki
Anil K.Narendran
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
