Dismissed

Asok V.S. v. State of Kerala

Kerala HC21 Nov 2018WP(C)/33837/2018

Case brief

AI extract

What is this about?

The Court dismissed a writ petition filed by a bank member seeking enforcement of an inspection order against the Unit Inspector. The dismissal was made on the grounds that the reliefs became infructuous as the inspector had already submitted a report, though the Court left legal contentions open.

What did the court decide?

The writ petition was dismissed as infructuous, leaving open the legal and factual contentions raised by the petitioner.

Asok V.S. Vs State of Kerala — Cooperative Societies | Kerala HC (2018)

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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 ANIL K.NARENDRAN

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WEDNESDAY, THE 21ST DAY OF NOVEMBER 2018 / 30TH KARTHIKA, 1940

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WP(C).No. 33837 of 2018

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PETITIONER:

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ASOK V.S., AGED 56 YEARS, S/O K.SAHADEVAN, AMBILY HILLS (VALSALYAM), (MEMBERSHIP NO.3381 OF VAMANAPURAM SERVICE COOPERATIVE BANK LTD NO.927) VAMANAPURAM P.O, THIRUVANANTHAPURAM.

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BY ADV. SRI.T.P.PRADEEP

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RESPONDENTS:

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1 STATE OF KERALA, REPRESENTED BY THE SECRETARY TO DEPARTMENT OF CO-OPERATION, GOVERNMENT OF KERALA, THIRUVANANTHAPURAM -695001

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2 THE REGISTRAR OF CO-OPERATIVE SOCIETIES, OFFICE OF THE REGISTRAR, THIRUVANANTHAPURAM-695 001

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3 THE JOINT REGISTRAR (GENERAL) OF CO-OPERATIVE SOCIETIES, THIRUVANANTHAPURAM, THIRUVANANTHAPURAM DISTRICT-695 001

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4 ASSISTANT REGISTRAR (GENERAL), NEDUMANGAD, THIRUVANANTHAPURAM DISTRICT-695 541

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5 THE UNIT INSPECTOR (OFFICE INSPECTOR) OF COOPERATIVE SOCIETIES, OFFICE OF THE ASSISTANT REGISTRAR OF COOPERATIVE SOCIETIES (GENERAL), NEDUMANGAD, THIRUVANANTHAPURAM DISTRICT-695 541

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6 VAMANAPURAM SERVICE CO-OPERATIVE BANK LTD 927, VAMANAPURAM, VAMANAPURAM P.O., THIRUVANANTHAPURAM DISTRICT-695 606, REPRESENTED BY ITS SECRETARY

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WPC 33837 OF 2018

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7 THE MANAGING COMMITTEE, VAMANAPURAM SERVICE CO-OPERATIVE BANK LTD 927, VAMANAPURAM, VAMANAPURAM.P.O., THIRUVANANTHAPURAM DISTRICT-695 606, REPRESENTED BY ITS PRESIDENT

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BY ADVS. SRI.M.SALIM SRI.V.M.JACOB SRI.K.P.HARISH,SR.GOVERNMENT PLEADER

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 21.11.2018, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WPC 33837 OF 2018

JUDGMENT

The petitioner, who is a member of the 6^th respondent Service Co-operative Bank, which is a Society registered under the Kerala Co-operative Societies Act, 1969 and the rules made thereunder, has filed this writ petition under Article 226 of the Constitution of India, seeking a writ of mandamus commanding the 5^th respondent to complete the inspection ordered under Section 66 of the Kerala Co-operative Societies Act vide Ext.P4 order dated 05.10.2018 of the 3^rd respondent Joint Registrar of Co-operative Societies within a time limit to be specified by this Court and for other consequential reliefs.

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On 16.10.2018, when this writ petition came for

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admission, this Court admitted the matter on file. The learned Senior Government Pleader took notice for respondents 1 to 5. Urgent notice by speed post was ordered to respondents 6 and 7, returnable within two weeks. The learned Senior Government Pleader was directed to file a counter affidavit.

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Today when the case is taken up for consideration, the learned counsel for the petitioner would submit that, in terms of Ext.P4 order passed by the 3^rd respondent Joint

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WPC 33837 OF 2018

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Registrar, the 5^th respondent has already submitted a report and as such, the reliefs sought for in this writ petition has become infructuous.

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In such circumstances, this writ petition is dismissed as infructuous, however, leaving open the legal and factual contentions raised by the petitioner.

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Sd/-

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ANIL K. NARENDRAN JUDGE

WPC 33837 OF 2018

APPENDIX

PETITIONER'S EXHIBITS:

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EXHIBIT P1	A TRUE COPY OF ISSUED TO THE	THE IDENTITY CARD PETITIONER BY THE BANK
EXHIBIT P2	A TRUE COPY OF 02.09.2018 FIL BEFORE THE 3RD REGISTRAR	THE COMPLAINT DATED ED BY THE PETITIONER RESPONDENT JOINT
EXHIBIT P3	A TRUE COPY OF AND AUDIT MEMO	THE AUDIT CERTIFICATE RANDUM OF 2016-2017
EXHIBIT P4	A TRUE COPY OF 10212/18 DATED 3RD RESPONDENT KERALA CO-OPER	THE ORDER NO.CRP (2) 05.10.18 ISSUED BY THE UNDER SECTION 66 OF THE ATIVE SOCIETIES ACT

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RESPONDENTS'EXHIBITS: NIL

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TRUE COPY

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P.A. TO JUDGE

Asok V.S. v. State of Kerala

Case brief

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Asok V.S. v. State of Kerala

Case brief

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