Disposed

R.P.Sivadas v. the Joint Registrar of Co-Operative Societies (General)

Kerala HC9 Feb 2018WP(C)/3569/2018

Case brief

AI extract

What is this about?

Co-operative society member filed writ petition challenging enrollment of new members. Court disposed petition directing 1st respondent Joint Registrar to consider petitioner's representation within three weeks with effect to all respondents, reserving merits for final decision.

What did the court decide?

Directed 1st respondent to consider Ext.P2 representation and pass orders within three weeks with notice to all parties. Reserving merits for final decision.

R.P.Sivadas Vs the Joint Registrar of Co-Operative… — Company and Corporate | 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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FRIDAY, THE 9TH DAY OF FEBRUARY 2018 / 20TH MAGHA, 1939

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WP(C).No. 3569 of 2018 (U)

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PETITIONER

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R.P.SIVADAS, S/O.RAJAPPAN, AGED 61 YEARS, PAMBANAL HOUSE, MANIKUNI, SULTHAN BATHERY - 673 592, WAYANAD DISTRICT.

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BY ADV.SRI.GEORGE POONTHOTTAM

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RESPONDENTS

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1. THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES (GENERAL), OFFICE OF THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES (GENERAL), NORTH KALPETTA, WAYANAD DISTRICT, PIN CODE - 673 122.

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2. THE SULTAN BATHERY TALUK PRIMARY CO-OPERATIVE AGRICULTURAL AND RURAL DEVELOPMENT BANK LIMITED NO.W.299 SULTHAN BATHERY P.O., WAYANAD DISTRICT - 673 592, REPRESENTED BY ITS PART TIME ADMINISTRATOR.

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3. THE PART TIME ADMINISTRATOR, THE SULTAN BATHERY TALUK PRIMARY CO-OPERATIVE

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AGRICULTURAL AND RURAL DEVELOPMENT BANK LIMITED NO.W.299, SULTHAN BATHERY P.O., WAYANAD DISTRICT -673 592.

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R1 & R2 BY ADV SRI.P.U.SHAILAJAN

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SRI.M.SURESH KUMAR

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SMT.D.N.NISHANI

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SMT.VIDYA KURIAKOSE

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R3 BY GOVERNMENT PLEADER SRI. BIMAL K NATH.

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THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 09-02-2018, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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Hr......

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WP(C).No. 3569 of 2018 (U)

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APPENDIX

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PETITIONER(S)' EXHIBITS

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EXHIBIT-P1: TRUE COPY OF THE PROCEEDINGS BEARING NO.C.R.B.557/17 DATED 17.05.2017 ISSUED BY THE 1ST RESPONDENT. EXHIBIT-P2: TRUE COPY OF THE COMPLAINT PREFERRED BY THE PETITIONER TO THE 1ST RESPONDENT DATED 06.01.2018.

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RESPONDENT(S) EXHIBITS

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NIL

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// TRUE COPY// P.S TO JUDGE.

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Hr.....

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ANIL K.NARENDRAN, J.

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--------------------------------------W.P.(C).No.3569 of 2018

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Dated this the 9^th day of February, 2018

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J U D G M E N T

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The petitioner, who is a member of the Sulthan Bathery Taluk Primary Co-operative Agricultural and Rural Development Bank Ltd. No.W 299 of Wayanad District, has approached this Court in this writ petition filed under Article 226 of the Constitution of India, seeking a writ of mandamus commanding the 3^rd respondent PartTime Administrator not to enroll new members in the rolls of the 2^nd respondent Society. He has also sought for a writ of mandamus commanding the 1^st respondent to consider Ext.P2 representation dated 06.01.2018 forthwith and pass orders on the same without any further delay.

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On 02.02.2018, when this writ petition came up for admission, this Court admitted the matter on file. The learned counsel took notice for respondents 2 and 3. This Court has also granted an interim order directing the 3^rd respondent Part-Time Administrator not to enroll the new members in the rolls of the Society for a period of one week.

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Heard the learned counsel for the petitioner, the learned Government Pleader appearing for the 1^st respondent and also the learned counsel appearing for respondents 2 and 3.

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W.P.(C).No.3569 of 2018

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The issue raised in this writ petition is as to the legality or otherwise of the enrollment of new members in the rolls of the 2^nd respondent Society by the 3^rd respondent Part-Time Administrator. Highlighting the grievances raised in this writ petition, the petitioner has already submitted Ext.P2 representation dated 06.01.2018 before the 1^st respondent. In such circumstances, it is for the 1^st respondent to take an appropriate decision on the said representation, with notice to the petitioner and also to respondents 2 and 3.

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The learned Government Pleader would submit that Ext.P2 representation can be disposed of by the 1^st respondent Joint Registrar within a time limit to be fixed by this Court.

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The learned counsel for respondents 2 and 3 would submit that, in view of the interim order granted by this Court, the 2^nd respondent Society is put to much hardship and as such, an early disposal of Ext.P2 representation is required.

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Having considered the submissions made by the learned counsel on both sides, this writ petition is disposed of by directing the 1^st respondent to consider and pass appropriate orders on Ext.P2 representation made by the petitioner, with notice to the petitioner and also to respondents 2 and 3. A decision in this regard shall be taken, as expeditiously as possible, at any rate, within a period of three weeks from the date of receipt of a certified copy of this judgment.

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W.P.(C).No.3569 of 2018

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It is made clear that this Court has not expressed anything on on the merits of Ext.P2 representation and it is for the 1^st respondent to take appropriate decision, strictly in accordance with law.

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All legal and factual contentions raised by the petitioner and respondents 2 and 3 are left open to be raised before the 1^st respondent Joint Registrar.

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Sd/-

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ANIL K.NARENDRAN JUDGE

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R.P.Sivadas v. the Joint Registrar of Co-Operative Societies (General)

Case brief

What is this about?

What did the court decide?

R.P.Sivadas v. the Joint Registrar of Co-Operative Societies (General)

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

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Statutes considered

Parties & counsel

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