Disposed

Aisu v. Joint Registrar of Co-Operative Societies

Kerala HC2 Mar 2018WP(C)/933/2018

Case brief

AI extract

What is this about?

In this matter, the petitioner sought a writ of mandamus directing the 3rd respondent Bank to comply with an order dated 19.10.2017 issued by the 1st respondent Registrar to handover title deeds. Since an appeal filed by the Bank against the Registrar's order was pending before the Government (Additional 4th Respondent), the High Court directed the Government to decide the appeal expeditiously aft

What did the court decide?

Directed the Additional 4th Respondent to consider and pass appropriate orders on the pending appeal within one month, with notice to the petitioner and 3rd respondent.

Aisu Vs Joint Registrar of Co-Operative Societies — 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 2ND DAY OF MARCH 2018 / 11TH PHALGUNA, 1939

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WP(C).No. 933 of 2018 ---------------------

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PETITIONER

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AISU, AGED 70 YEARS, W/O ALI, PUTHANTHERUVIL HOUSE, METHALA, KODUNGALLUR, THRISSUR DISTRICT.

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BY ADVS.SRI.V.M.KRISHNAKUMAR SRI.JOMON.K.CHACKO

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RESPONDENT(S):

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1. JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES, THRISSUR, PIN - 680 003.

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2. ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES (GENERAL), IRINJALAKUDA, THRISSUR DISTRICT, PIN - 680 121.

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3. THUMBOOR SERVICE CO-OPERATIVE BANK LTD NO.359, THUMBOOR P.O., IRINJALAKUDA, THRISSUR, PIN 680 662. REP. BY ITS SECRETARY.

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*** ADDL R4 IMPLEADED**

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4. STATE OF KERALA, REPRESENTED BY SECRETARY, DEPARTMENT OF CO-OPERATION, SECRETARIAT, THIRUVANANTHAPURAM, PIN-695001.

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*** ADDL R4 IMPLEADED AS PER ORDER DATED 22.02.18 IN IA NO.3573/2018.**

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R1,R2 & R4 BY SENIOR GOVERNMENT PLEADER SRI BIMAL K NATH R3 BY ADV. SRI.P.N.MOHANAN

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THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 02-03-2018, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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K.V.

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WP(C).No. 933 of 2018 (N)

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APPENDIX

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PETITIONER(S)' EXHIBITS

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EXHIBIT-P1:	TRUE COPY OF THE POSSESSION CERTIFICATE ISSUED BY THE METHALA VILLAGE DATED 02.02.2008.
EXHIBIT-P2:	TRUE COPY OF THE PASSBOOK OF DAVIS, KOKKAT HOUSE, ISSUED BY THE 3RD RESPONDENT BANK.
EXHIBIT-P3:	TRUE COPY OF THE REPRESENTATION DATED FILED BY THE PETITIONER BEFORE THE 2ND RESPONDENT DATED 30.03.2017.
EXHIBIT-P4:	TRUE COPY OF THE ORDER DATED 19.10.2017 OF THE 1ST RESPONDENT.
EXHIBIT-P5:	TRUE COPY OF THE APPEAL DATED 20.12.2017 FILED BY THE 3RD RESPONDENT BEFORE THE GOVERNMENT.

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RESPONDENTS EXHIBITS: NIL

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/TRUE COPY/

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K.V. P.S.TO JUDGE 7.03.2018

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ANIL K. NARENDRAN, J.

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----------------------------------------------W.P(C) No.933 of 2018

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Dated this the 2^nd day of March, 2018

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J U D G M E N T

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The petitioner, who is the owner of 27 cents of land in Survey No.1243/7 of Methala Village, is before 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 Society to comply with the directions contained in Ext.P4 order dated 19.10.2017 of the 1^st respondent and to handover the title deed mentioned in the said order within such time as may be fixed by this Court. The petitioner has also sought for a writ of mandamus commanding the 1^st respondent to initiate action under Section 32 of the Kerala Co-operative Societies Act against the 3^rd respondent Co-operative Society for disobedience of the orders passed by the 1^st respondent.

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Going by the averments in the writ petition, the petitioner had approached the 1^st respondent Joint

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W.P(C) No.933 of 2018

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Registrar seeking an order directing 3^rd respondent Bank to return the original documents. Pursuant to the said request, the Joint Registrar issued Ext.P4 order, whereby the Society was directed to immediately handover the documents to the petitioner and to report that to the said respondent.

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Challenging Ext.P4 order dated 19.10.2017 of the Joint Registrar, the Society has submitted Ext.P5 appeal before the Government under Section 83 of the Act. A copy of the memorandum of appeal is placed on record by the petitioner, along with I.A.No.3574/2018, as Ext.P5.

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Heard the learned counsel for the petitioner, the learned Government Pleader appearing for respondents 1 and 2 and the additional 4^th respondent and also the learned counsel for the 3^rd respondent Bank.

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The learned counsel for the petitioner would submit that since Ext.P5 appeal filed by the 3^rd respondent Bank is pending consideration before the additional 4^th respondent, this writ petition may be disposed of by directing the said respondent to consider and pass appropriate orders on that appeal, with notice to the petitioner and also to the 3^rd respondent.

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The learned Senior Government Pleader would

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W.P(C) No.933 of 2018

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submit that the additional 4^th respondent shall consider and pass appropriate orders on Ext.P5 appeal filed by the 3^rd respondent within a time limit to be specified by this Court.

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In such circumstances, without going into the merits of the case, this writ petition is disposed of by directing the additional 4^th respondent to consider and pass appropriate orders on Ext.P5 appeal filed by the 3^rd respondent, with notice to the petitioner and also to the 3^rd respondent, and after affording them an opportunity of being heard. Necessary orders in this regard shall be passed as expeditiously as possible, at any rate, within a period of one month from the date of production of a certified copy of this judgment.

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All legal and factual contentions raised by the petitioner are left open to be raised before the additional 4^th respondent at appropriate stage.

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Sd/ANIL K. NARENDRAN JUDGE

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Aisu v. Joint Registrar of Co-Operative Societies

Case brief

What is this about?

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Aisu v. Joint Registrar of Co-Operative Societies

Case brief

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