Dismissed

Akbarali C. v. Joint Registrar of Co-Operative Societies (General)

Kerala HC23 Sept 2020WP(C)/19605/2020

Case brief

AI extract

What is this about?

This writ petition challenged the Joint Registrar's order rejecting the petitioner's representation regarding the disqualification of respondents from election as members of the managing committee. The High Court dismissed the petition on the ground that no exceptional circumstances existed to override the applicant's available statutory remedy.

What the court decided

AI extract

Akbarali C. Vs Joint Registrar of Co-Operative… — Cooperative Societies | Kerala HC (2020)

¶1

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶2

PRESENT

¶3

THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V

¶4

WEDNESDAY, THE 23RD DAY OF SEPTEMBER 2020 / 1ST ASWINA, 1942

¶5

WP(C).No.19605 OF 2020(A)

¶6

PETITIONER:

¶7

AKBARALI C., AGED 48 YEARS, S/O.P.P.AHAMMED, KAVVAYI POST, PAYYANNUR, MEMBER NO.5744, PAYYANNUR CO-OPERATIVE TOWN BANK LTD.NO.C 827, P.O.PAYANNUR.

¶8

BY ADV. SRI.BIJU.P.N.

¶9

RESPONDENTS:

¶10

1 JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES (GENERAL), OFFICE OF THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES (GENERAL), CIVIL STATION COMPLEX, KANNUR - 670 001.

¶11

2 M.NARAYANAN KUTTY (MEMBER NO.96) DIRECTOR, MANAGING COMMITTEE, PAYYANNUR CO-OPERATIVE TOWN BANK LTD.NO.C 827, P.O.PAYANNUR - 670 307.

¶12

3 BRIJESH KUMAR ADVOCATE (MEMBER NO.5925), DIRECTOR, MANAGING COMMITTEE, PAYYANNUR CO-OPERATIVE TOWN BANK LTD.NO.C 827, P.O.PAYYANNUR - 670 307.

¶13

4 PAYYANNUR CO-OPERATIVE TOWN BANK LTD.NO.C 827 REPRESENTED BY THE SECRETARY, PAYYANNUR CO-OPERATIVE TOWN BANK LTD.NO.C 827, P.O.PAYYANNUR - 670 307.

¶14

5 THE REGISTRAR OF COOPERATIVE SOCIETIES OFFICE OF THE REGISTRAR OF COOPERATIVE SOCIETIES, JAWAHAR SAHAKARANA BHAVAN, DPI JUNCTION, THYCAUD P.O., THIRUVANANTHAPURAM - 695 014.

¶15

SRI K.P HARISH, SR GP

¶16

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 23.09.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

¶17

WP(C).No.19605 OF 2020

¶18

¶19

JUDGMENT

¶20

Under challenge in this petition is Ext.P4 order passed by the Joint Registrar of Cooperative Societies by which Ext.P2 representation submitted by the petitioner herein was disposed of holding that the respondents 2 and 3 are not disqualified for being elected as members of managing committee of Payyannur Cooperative Town Bank Ltd.

¶21

I have heard Sri Biju P.N., the learned counsel appearing for the petitioner and Sri K.P. Harish, the learned Senior Government Pleader.

¶22

It is submitted by the learned Government Pleader that the petitioner herein has an equally efficacious remedy under Section 83(1)(j) the Cooperative Societies Act and in that view of the matter, there is no reason to entertain this writ petition.

¶23

Though in exceptional circumstances, a writ can be entertained despite there being an equally efficacious remedy, the petitioner has not been able to show that any such circumstance exists, warranting interference.

¶24

Resultantly, without prejudice to the right of the petitioner to approach the appellate authority for reliefs, this writ petition will stand dismissed.

¶25

Sd/-

¶26

RAJA VIJAYARAGHAVAN V

¶27

JUDGE

¶28

DSV

¶29

WP(C).No.19605 OF 2020

¶30

¶31

APPENDIX

¶32

PETITIONER'S EXHIBITS:

¶33

EXHIBIT P1 TRUE COPY OF THE JUDGMENT IN WA.NO.53/2017 DATED 7/8/2018 EXHIBIT P2 TRUE COPY OF THE REPRESENTATION DATED 18/1/2019. EXHIBIT P3 TRUE COPY OF THE JUDGMENT IN W.P.(C) NO.26645/2019 DATED 9/10/2019. EXHIBIT P4 TRUE COPY OF THE ORDER NO.182/2020CRB/KDS DATED 4/5/2020. EXHIBIT P5 TRUE COPY OF VOTERS ID CARD NO.1436578 ISSUED TO SRI.K.BRIJESHKUMAR, KALLIASSERY ASSEMBLY CONSTITUENCY AND EXTRACT OF VOTERS LIST.

¶34

EXHIBIT P6 TRUE EXTRACT OF THE DETAILS OF BUILDING TAX ISSUED BY PAYYANNUR MUNICIPALITY PERTAINING TO BUILDING NO.1515, WARD NO.18 OWNED BY ONE SIYALI SUBAIDA.

¶35

RESPONDENTS EXHIBITS:NIL

Akbarali C. v. Joint Registrar of Co-Operative Societies (General)

Case brief

What is this about?

What the court decided

Akbarali C. v. Joint Registrar of Co-Operative Societies (General)

Case brief

What is this about?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

A.Selvan Vs State of Kerala

Dr. Muhammed Farhan Abdulla Vs the Commissioner of Police

K.F.Henry Vs Mr.S.Suhas

Xavier Vs the Village Officer

Rahul Das P. Vs State of Kerala

Elizabeth Chacko Vs Thomas Mathew @ Babu