The High Court of Kerala disposed of the writ petition as infructous, noting the petitioner had recorded an order challenged in another proceeding, rendering the prayer for expedited Section 68(2) proceedings moot.
The writ petition was closed as infructous.
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 SUNIL THOMAS
FRIDAY, THE 12TH DAY OF FEBRUARY 2021 / 23RD MAGHA,1942
WP(C).No.2125 OF 2021(M)
PETITIONER:
SHAJIKUMAR AGED 43 YEARS S/O. CHELLADAS, SHAJI BHAVAN, MUKKAMPALAMOODU, NARUVAMMODU P. O., THIRUVANANTHAPURAM DISTRICT, PIN - 695 528.
BY ADVS. SRI.T.R.HARIKUMAR SRI.ADITHYA RAJEEV
RESPONDENTS:
1 THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES (GENERAL) THIRUVANANTHAPURAM, OFFICE OF THE REGISTRAR OF COOPERATIVE SOCIETIES, KAITHAMUKKU, THIRUVANANTHAPURAM, PIN - 695 024.
2 THE ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES (GENERAL) NEYYATTINKARA, THIRUVANANTHAPURAM, PIN - 695 121.
3 THE MANAGING COMMITTEE OF THE NARUVAMOODU SERVICE COOPERATIVE BANK LTD. NO.160 REPRESENTED BY ITS PRESIDENT, NARUVAMMODU P. O., THIRUVANANTHAPURAM DISTRICT, PIN - 695 528.
SR.GP K.P HARISH,SC SRI.P.N MOHANAN
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 12.02.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No.2125 OF 2021
2
JUDGMENT
Dated this the 12th day of February 2021
The limited prayer sought by the petitioner
is for a direction to expedite the proceedings under Section 68 (2) of the Kerala Co-operative Societies Act.
When the matter was taken up, the learned
counsel for the petitioner submitted that, information has been received to the effect that, the order has been passed on 21.01.2021. This is recorded. It is also reported that, the order is under challenge in another proceeding. In the light of the above, the Writ Petition is closed as
infructous.
Sd/-
SUNIL THOMAS
JUDGE
Jms //True Copy// P.A to Judge
WP(C).No.2125 OF 2021
3
APPENDIX
PETITIONER'S EXHIBITS:
| EXHIBIT | P1 A TRUE COPY OF THE COMPLAINT FILED BY THE PETITIONER BEFORE THE REGISTRAR OF CO- OPERATIVE SOCIETIES DATED 07.01.2019. |
|---|---|
| EXHIBIT | P2 A TRUE COPY OF THE REPORT NO.B.L.M./2461/17 DATED 03.05.2018 OF THE 2ND RESPONDENT. |
| EXHIBIT | P3 A TRUE COPY OF THE ORDER NO.CRP(1) 9625/17 DATED 17.10.2018 ISSUED BY THE 1ST RESPONDENT. |
| EXHIBIT | P4 A TRUE COPY OF THE SECTION 65 ENQUIRY REPORT ALONG WITH COVERING LETTER DATED 14.03.2019 OF THE 2ND RESPONDENT. |
| EXHIBIT | P5 A TRUE COPY OF THE JUDGMENT DATED 16.10.2019 IN WP(C) NO.3370 OF 2019. |
| EXHIBIT | P6 A TRUE COPY OF THE REPRESENTATION DATED 17.11.2019 FILED BY THE PETITIONER BEFORE THE 1ST RESPONDENT. |
| EXHIBIT | P7 A TRUE COPY OF THE REPRESENTATION DATED 17.11.2019, FILED BY THE PETITIONER BEFORE THE 2ND RESPONDENT. |
| EXHIBIT | P8 A TRUE COPY OF THE ENQUIRY REPORT UNDER SECTION 68(1) OF KCS ACT DATED 08.10.2020. |
| EXHIBIT | P9 A TRUE COPY OF THE NOTICE NO.CRP(1) 9625/2012 DATED 30.11.2020 ISSUED BY THE 1ST RESPONDENT. |
| //True Copy// P.A to Judge |
2 issues framed by the court
Whether to allow the writ petition seeking direction to expedite proceedings under Section 68(2) of the Kerala Co-operative Societies Act.
Whether the writ petition is infructous due to the existence of challenge in another proceeding.
1 provisions across 1 enactments
SHAJIKUMAR
THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES (GENERAL) THIRUVANANTHAPURAM
THE ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES (GENERAL) NEYYATTINKARA
THE MANAGING COMMITTEE OF THE NARUVAMOODU SERVICE COOPERATIVE BANK LTD.
THE NARUVAMOODU SERVICE CO-OPERATIVE BANK LTD.
SUNIL THOMAS
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
