Disposed

Niranja Kumar. P., v. the Joint Registrar of Co-Operative Societies (General)

Kerala HC3 Feb 2021WP(C)/24261/2020

Case brief

AI extract

What is this about?

Single Judge of Kerala High Court, while hearing a writ petition alleging illegal activities by the Managing Committee of a Service Co-operative Bank, directed the Joint Registrar to seek a report from the Assistant Registrar and independently dispose of a specific complaint within six weeks after hearing parties.

What did the court decide?

Directed Joint Registrar to seek report from Assistant Registrar and independently dispose of Ext.P4 within six weeks hearing parties.

Niranja Kumar. P., Vs the Joint Registrar of… — Cooperative Societies | Kerala HC (2021)

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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 SUNIL THOMAS

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WEDNESDAY, THE 03RD DAY OF FEBRUARY 2021 / 14TH MAGHA,1942

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WP(C).No.24261 OF 2020(G)

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PETITIONERS:

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1 NIRANJA KUMAR. P., AGED 57 YEARS S/O.MADHAVAN, LEELA MADHAVAM, WEST NELLUR, FEROKE P.O., KOZHIKODE. 2 P.SUBASH, S/O.SIVADASAN NAIR, PULLUR HOUSE, NELLUR, FEROKE P.O., KOZHIKODE. BY ADVS. SRI.B.S.SWATHI KUMAR SMT.ANITHA RAVINDRAN SRI.HARISANKAR N UNNI SHRI.SARANGADHARAN P. SMT.P.S.BHAGYA SURABHI

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RESPONDENTS:

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1 THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES (GENERAL) PUTHIYARA, KOZHIKODE, PIN-673 001. 2 THE KARUVANTHIRUTHY SERVICE CO-OPERATIVE BANK LTD.NO.D.2638, KARUVANTHIRUTHY, FEROKE, KOZHIKODE, PIN-673 631, REPRESENTED BY ITS SECRETARY. R2 BY ADV. SRI.P.P.JACOB SR.GP K.P HARISH

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WP(C).No.24261 OF 2020

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03.02.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No.24261 OF 2020

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JUDGMENT

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Dated this the 3rd day of February 2021

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The petitioners are the members of the second

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respondent Service Co-operative Bank. Alleging that the Managing Committee of the second respondent was indulging in several illegal activities, this Court was earlier approached. It resulted in Ext.P2 judgment of

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the Division Bench. The Division Bench held that, no

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specific direction need be given to consider Ext.P1, as

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to what was then under consideration of the

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authorities. Thereafter, Ext.P4 complaint was submitted by the second petitioner, alleging that the Managing Committee was continuing with the illegal activities and no further action has been taken pursuant to Ext.P2 judgment.

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The learned senior Government Pleader submitted that, pursuant to the direction of this Court, a report was called from the Assistant Registrar, who has

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conducted a Preliminary enquiry on 25.01.2021 and the parties concerned were heard. He proposes to submit a

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WP(C).No.24261 OF 2020

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report within a period of one month. He shall do so accordingly. Thereupon the Joint Registrar shall take follow up action, as expeditiously as possible, without any further delay.

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In the meanwhile, the Joint Registrar shall independently consider Ext.P4 and dispose it of, as expeditiously as possible, at any rate, within a period of six weeks from today, after hearing both the complainant as well as the Management Committee of the

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Service Co-operative Bank.

Sd/-

SUNIL THOMAS

JUDGE

Jms //True Copy// P.A to Judge

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WP(C).No.24261 OF 2020

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APPENDIX

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PETITIONERS' EXHIBITS:

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EXHIBIT P1 TRUE COPY OF THE PETITION FILED BY THE PETITIONERS AND OTHERS BEFORE THE 1ST RESPONDENT DATED 10.07.2016. EXHIBIT P2 TRUE COPY OF THE JUDGMENT IN WA NO.755/2019 DATED 20.03.2019. EXHIBIT P3 TRUE COPY OF THE COMMUNICATION NO.CRP(1) 9/20-RTI DATED 03.03.2020.

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EXHIBIT P4 TRUE COPY OF THE PETITION FILED BY THE 2ND PETITIONER BEFORE THE 1ST RESPONDENT DATED 03.03.2020.

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RESPONDENTS' EXHIBITS:

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EXHIBIT R2(a) TRUE PHOTOCOPY OF THE ORDER ISSUED BY THE JOINT REGISTRAR DATED 11.3.2015. EXHIBIT R2(b) TRUE PHOTOCOPY OF THE ORDER ISSUED BY THE JOINT REGISTRAR DATED 29.5.2015. EXHIBIT R2(c) TRUE PHOTOCOPY OF THE ORDER ISSUED BY THE JOINT REGISTRAR DATED 28.9.2015. EXHIBIT R2(d) TRUE PHOTOCOPY OF THE REPORT DATED 23.1.2016 FORWARDED BY THE ASSISTANT REGISTRAR TO THE FIRST RESPONDENT. EXHIBIT R2(e) TRUE PHOTOCOPY OF THE JUDGMENT IN W.P(c) NO.34425/2017 DATED 27.6.2018. EXHIBIT R2(f) TRUE PHOTOCOPY OF THE APPLICATION DATED 2.12.20 FILED BY THE RESPONDENT PUBLIC INFORMATION OFFICER ALONG WITH LETTER DATED 24/2/20 ISSUED BY THE FIRST RESPONDENT TO THE JOINT AUDITOR. EXHIBIT R2(g) TRUE PHOTOCOPY OF THE PROCEEDING ISSUED BY THE NABARD DATED 19.12.2012.

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//True Copy// P.A to Judge

Niranja Kumar. P., v. the Joint Registrar of Co-Operative Societies (General)

Case brief

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Niranja Kumar. P., v. the Joint Registrar of Co-Operative Societies (General)

Case brief

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