The Kerala High Court allowed the withdrawal of an unopposed writ petition with liberty to file a fresh writ, as the petitioner lacked the impugned order details to challenge it properly.
Withdrawal of the writ petition allowed with liberty to file a fresh writ.
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
WEDNESDAY, THE 03RD DAY OF MARCH 2021 / 12TH PHALGUNA, 1942
WP(C).No.3656 OF 2021(F)
PETITIONER:
SAJI JOSEPH AGED 49 YEARS S/O. VARKEY JOSEPH, KANIYAMPARAMBIL, POOVARANI P. O., PAIKA, KOTTAYAM DISTRICT, PIN - 686 577.
BY ADVS. SRI.T.R.HARIKUMAR SRI.ARJUN RAGHAVAN
RESPONDENTS:
1 THE REGISTRAR OF CO-OPERATIVE SOCIETIES THIRUVANANTHAPURAM, PIN - 695 001.
4 THE MANAGING COMMITTEE OF THE ELIKULAM SERVICE COOPERATIVE BANK LTD. NO.K 158 REPRESENTED BY ITS PRESIDENT, MADUKKAKUNNU P. O., POOVARANY (VIA), KOTTAYAM DISTRICT, PIN - 686 577.
5 THE ELIKULAM SERVICE CO-OPERATIVE BANK LTD. NO.K 158 REPRESENTED BY ITS SECRETARY, MADUKKAKUNNU P. O., POOVARANY (VIA), KOTTAYAM DISTRICT, PIN - 686 577.
R1-4 BY GOVERNMENT PLEADER R4-5 BY ADV. SRI.A.ANTONY R4-5 BY ADV. SMT.LEELAMMA ANTONY R4-5 BY ADV. SRI.M.V.JACOB (MANICKANAMPARAMPIL)
OTHER PRESENT:
SR.GP BIMAL K NATH
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03.03.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No.3656 OF 2021(F)
2
JUDGMENT
Dated this the 3rd day of March 2021
When the matter came up for hearing, the learned
Counsel for the petitioner submitted that since the order now produced by the respondent was not available with the petitioner and he was not aware of it, he could not incorporate necessary factual and legal details challenging that. Hence, he proposes to file a fresh writ petition and permission is sought for withdrawing the writ petition with liberty to file a fresh writ petition.
Heard both sides. Allowed as sought.
Sd/-
SUNIL THOMAS
JUDGE
SKP/4-3
WP(C).No.3656 OF 2021(F)
3
APPENDIX
PETITIONER'S EXHIBITS:
| EXHIBIT P1 | A TRUE COPY OF THE ORDER NO.CRP(2) 8469/13- K.DIS. DATED 03.01.2014, APPROVING THE STAFF PATTERN, ISSUED BY THE 2ND RESPONDENT. |
|---|---|
| EXHIBIT P2 | A TRUE COPY OF THE FEEDER CATEGORY SUB RULES APPROVED BY THE 2ND RESPONDENT DATED 05.05.2012. |
| EXHIBIT P3 | A TRUE COPY OF THE REPORT OF THE 3RD RESPONDENT DATED 14.09.2018. |
| EXHIBIT P4 | A TRUE COPY OF THE JUDGMENT DATED 04.04.2019 IN WP(C) NO.41936 OF 2018. |
| EXHIBIT P5 | A TRUE COPY OF THE ORDER NO.CRP(2) 7233/18 DATED 08.02.2019 ISSUED BY THE 2ND RESPONDENT. |
| EXHIBIT P5(A) | A TRUE COPY OF THE ORDER NO.CRP (2) 7233/2018/KDIS DATED 06-1-2021 ISSUED BY THE 2ND RESPONDENT |
| EXHIBIT P6 | A TRUE COPY OF THE NOTIFICATION DATED 03.02.2021 PUBLISHED IN MANGALAM DAILY. |
| EXHIBIT P7 | A TRUE COPY OF THE NEW FEEDER CATEGORY SUB RULES APPROVED BY THE 2ND RESPONDENT DATED NIL. |
| EXHIBIT P8 | A TRUE COPY OF THE REPRESENTATION FILED BY THE PETITIONER BEFORE THE 2ND RESPONDENT DATED 06.02.2021. |
RESPONDENTS'S EXHIBITS:NIL
TRUE COPY P.A. TO JUDGE
SAJI JOSEPH
THE REGISTRAR OF CO-OPERATIVE SOCIETIES THIRUVANANTHAPURAM
THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES (GENERAL) COLLECTORTE P. O., KOTTAYAM
THE ASSISTANT REGISTRAR OF CO-OPERTATIVE SOCIETIES (GENERAL) KANJIRAPPALLY
THE MANAGING COMMITTEE OF THE ELIKULAM SERVICE COOPERATIVE BANK LTD.
THE ELIKULAM SERVICE CO-OPERATIVE BANK LTD.
SUNIL THOMAS
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
