This court disposed of two jointly filed writ petitions challenging the action of Co-operative authorities. The court noted that information could be procured via the Right to Information Act, holding the petitions infructuous and closing them without further orders.
No directions given; writ petitions closed without further orders.
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 DEVAN RAMACHANDRAN
WEDNESDAY, THE 27TH DAY OF MARCH 2019 / 6TH CHAITHRA, 1941
WP(C).No. 13899 of 2018
PETITIONER:
NEETHU K.V AGED 24 YEARS, W/O T.K.VINODKUMAR, THAMARASSERY HOUSE, THAMARAYUR P.O., KOTTAPADI, GURUVAYUR, CHAVAKKAD TALUK, THRISSUR DISTRICT-680 505.
BY ADV. SRI.RAJIT
RESPONDENTS:
1 THE STATE OF KERALA REPRESENTED BY THE SECRETARY, DEPARTMENT OF CO-OPERATIVE SOCIETIES, THIRUVANANTHAPURAM.
4 THE ASSISTANT REGISTRAR (GENERAL), OFFICE OF THE ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES, MUTHUVATOOR, CHAVAKKAD P.O.- 680 506.
5 THE DIRECTOR VIGILANCE OF CO-OPERATIVE SOCIETIES, OLD DISTRICT CO-OPERATIVE BANK BUILDING, THRISSUR-680 001.
WP(C).13899 & 18406/2018 2
DIRECTOR, THE GURUVAYUR CO-OPERATIVE URBAN BANK LTD, (F.1652), GURUVAYUR-680 101.
WP(C).13899 & 18406/2018 3
APPRISER, THE GURUVAYUR CO-OPERATIVE URBAN BANK LTD, (F.1652), GURUVAYUR-680 101.
PEON, THE GURUVAYUR CO-OPERATIVE URBAN BANK LTD, (F.1652), GURUVAYUR-680 101.
BY ADVS. SRI.ARJUN RAGHAVAN SRI.D.SOMASUNDARAM SRI.JAIBY PAUL SRI.T.R.HARIKUMAR
SRI.MUHAMMED HASHIM-SPL.GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 27.03.2019, ALONG WITH WP(C).18406/2018, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).13899 & 18406/2018 4
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
WEDNESDAY,THE 27TH DAY OF MARCH 2019 / 6TH CHAITHRA, 1941
WP(C).No. 18406 of 2018
PETITIONER:
K.RAJENDRAN
AGED 49 YEARS, S/O.GOPALAN NAIR, KANNATH HOUSE,POOKODE VILLAGE, THAMARAYAUR DESOM, CHAVAKKAD TALUK, THRISSUR DISTRICT-680 505
BY ADV. SRI.RAJIT
RESPONDENTS:
8 E.U.SREENARAYANAN GENERAL MANAGER, GURUVAYUR CO-OPERATIVE URBAN BANK LTD. (F 1652), GURUVAYUR-680 101.
WP(C).13899 & 18406/2018 5
DIRECTOR,THE GURUVAYUR CO-OPERATIVE URBAN BANK LTD. (F 1652), GURUVAYUR-680 101
WP(C).13899 & 18406/2018 6
APPRISER, THE GURUVAYUR CO-OPERATIVE URBAN BANK LTD, (F.1652), GURUVAYUR-680 101.
PEON, THE GURUVAYUR CO-OPERATIVE URBAN BANK LTD, (F.1652), GURUVAYUR-680 101.
BY ADVS. SRI.ARJUN RAGHAVAN SRI.D.SOMASUNDARAM SRI.JAIBY PAUL SRI.ADITHYA RAJEEV SRI.T.R.HARIKUMAR
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 27.03.2019, ALONG WITH WP(C).13899/2018, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).13899 & 18406/2018 7
JUDGMENT
Since the prayers in these two writ
petitions are similar if not identical, I deem it appropriate to dispose of them jointly through this judgment.
these cases is that the Competent Authorities of
the Co-operative Department be directed to conduct an enquiry against the Guruvayoor Co-
operative Urban Bank Ltd. ('the Bank for brevity), under the provisions of Section 65 of the Kerala Co-operative Societies Act ('the KCS Act' for brevity) and to take appropriate further proceedings, as it is warranted in law.
learned Special Government Pleader, appearing on behalf of the official respondents in these cases submits that Section 65 enquiry against the Bank
is now complete and that it has progressed into a further proceeding under Section 68, leading to a
WP(C).13899 & 18406/2018 8
notice under Section 68(1) of the KCS Act to be
issued to the former members of the Managing Committee of the Bank. He, therefore, says that
these writ petitions have become infructuous.
appearing for the petitioners, submits that his clients had not obtained any information from the official respondents on this and prays that the
Competent Authority be directed to give his clients a copy of the 65 enquiry report as well as the 68(1) notice, issued against the former members of the Managing Committee of the Bank, if
they make an application under the Right to Information Act.
Special Government Pleader, submits that there is no legal impediment in the petitioners making a request under the Right to Information Act before the competent Public Information Officer and that
if that is done the requisite documents and
information will certainly be given to them.
WP(C).13899 & 18406/2018 9
Senior Government Pleader, I close these writ petitions without any further orders.
Sd/-
DEVAN RAMACHANDRAN
JUDGE
MC/2.4.19
WP(C).13899 & 18406/2018 10
APPENDIX OF WP(C) 13899/2018
PETITIONER'S/S EXHIBITS:
EXHIBIT P1: TRUE COPY OF THE CERTIFICATE OF DEGREE OF MASTER OF COMMERCE ISSUED BY THE UNIVERSITY OF CALICUT IN FAVOUR OF THE PETITIONER DATED 21.3.2017. EXHIBIT P2: TRUE COPY OF THE ADMISSION TICKET FOR WRITTEN EXAMINATION ISSUED BY THE 6TH RESPONDENT TO THE PETITIONER. EXHIBIT P3: TRUE COPY OF THE REGISTERED LETTER ISSUED BY THE 8TH RESPONDENT TO THE PETITIONER FOR THE PURPOSE OF THE ATTENDING THE INTERVIEW. EXHIBIT P4: TRUE COPY OF THE REGISTERED LETTER DATED 4.12.2017 ISSUED BY THE PETITIONER UNDER RIGHT TO INFORMATION ACT. EXHIBIT P5: TRUE COPY OF THE REGISTERED LETTER ISSUED BY THE 8TH RESPONDENT TO THE PETITIONER DATED 1.1.2018. EXHIBTI P6: TRUE COPY OF THE NEWS PAPER REPORTS REGARDING THE APPOINTMENT MADE BY THE BANK AFTER RECEIVING THE BRIBE. EXHIBIT P7: TRUE COPY OF THE WRITTEN COMPLAINT SUBMITTED BY THE PETITIONER TO THE 2ND RESPONDENT DATED 15.1.2018. EXHIBIT P8: TRUE COPY OF THE NOTICE ISSUED BY THE 2ND RESPONDENT DATED 22.2.2018 TO THE PETITIONER.
RESPONDENT'S/S EXHIBITS:
EXHIBIT R10 (A) TRUE COPY OF THE NOTIFICATION PUBLISHED IN THE MATHRUBHOOMI DALY DATED 21.9.2017 EXHIBIT R10 (B) TRUE COPY OF THE LIST OF SANCTIONED POSTS IN VARIOUS CATEGORIES IN THE BANK EXHIBIT R10 (C) TRUE COPY OF THE LIST EXHIBIT R10 (D) TRUE COPY OF THE LIST EXHIBIT R10 (E) TRUE COPY OF THE RANK LIST OF TOP MARKS LIST OF APPRAISER (TOP 20 NUMBERS) EXHIBIT R10 (F) TRUE COPY OF THE RANK LIST OF TOP MARKS LIST OF PEON (TOP 20 NUMBERS)
WP(C).13899 & 18406/2018 11
APPENDIX OF WP(C) 18406/2018
PETITIONER'S/S EXHIBITS:
| EXHIBIT | P1 : | TRUE COPY OF THE PETITIONER |
THE BEF |
REPRESENTATION FILED BY ORE THE 3RD RESPONDENT. |
|---|---|---|---|---|
| EXHIBIT | P2 : | TRUE COPY NO.C.R.B.2017 |
OF DATE |
THE LETTER BEARING D 14-12-2017. |
| EXHIBIT | P3 : | TRUE COPY O GURUVAYUR MUNI |
F T CIPA |
HE RESOLUTION BY THE LITY |
| EXHIBIT | P4 : | TRUE COPY OF THE OFFICE OF 2-2018 TO THE |
THE THE PETI |
COMMUNICATION ISSUED BY 2ND RESPONDENT DATED 22- TIONER. |
| EXHIBIT | P5 : | TRUE COPY OF IN WRIT APPEAL |
THE NO. |
JUDGMENT DATED 27-9-2013 1450/2013 |
| EXHIBIT | P6 : | TRUE COPY O LEADING DAILIE |
F TH S. |
E NEWSPAPER REPORT IN |
| EXHIBIT | P7 | TRUE COPY OF REPORT DATED 5 |
THE .6.2 |
VIGILANCE INVESTIGATION 018. |
| RESPOND | ENT'S/S | EXHIBITS: |
NIL
MC (TRUE COPY) PA TO JUDGE
1 issue framed by the court
Whether the writ petitions seeking direction to provide report and notice are maintainable when the right to information is available.
2 provisions across 2 enactments
NEETHU K.V
K.RAJENDRAN
THE STATE OF KERALA
THE REGISTRAR OF CO-OPERATIVE SOCIETIES
THE JOINT REGISTRAR (GENERAL)
THE ASSISTANT REGISTRAR (GENERAL)
DEVAN RAMACHANDRAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
