High Court of Kerala heard two consolidated writ petitions. Counsel for petitioners submitted they did not propose to proceed with both writs. The court accordingly dismissed the writ petitions as withdrawn.
Writ petitions dismissed as withdrawn with liberty to seek appropriate reliefs in accordance with law.
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 17TH DAY OF MARCH 2021 / 26TH PHALGUNA, 1942
WP(C).No.3407 OF 2021(A)
PETITIONERS:
1 ANITHA AMMA N., AGED 51 YEARS W/O.SUDARSANAN PILLAI K G KADAPPAL HOUSE, NOW RESIDING AT GURUDANAM HOUSE, PATTATHANAM POST, KOLLAM DISTRICT, PIN CODE-691 021.
2 K.V.VARGHESE, S/O.VARGHESE KUNNUMPURATH HOUSE, PATTATHANAM POST, KOLLAM DISTRICT, PIN CODE-691 021.
BY ADVS. SRI.D.SOMASUNDARAM SRI.ARUN CHANDRAN SHRI.HARIMOHAN
RESPONDENTS:
1 THE JOINT REGISTRAR OF COOPERATIVE SOCIETIES (GENERAL), OFFICE OF THE JOINT REGISTRAR OF COOPERATIVE SOCIETIES (GENERAL), 2ND FLOOR, COLLECTORATE, CUTCHERY, KOLLAM DISTRICT, PIN CODE-691 013.
PATTATHANAM POST, KOLLAM DISTRICT, PIN CODE-691 021, REPRESENTED BY ITS SECRETARY
3 THE ASSISTANT REGISTRAR OF COOPERATIVE SOCIETIES (GENERAL), OFFICE OF THE JOINT REGISTRAR OF COOPERATIVE SOCIETIES (GENERAL), KOLLAM, KOLLAM DISTRICT, PIN CODE-691 001.
4 THE PRESIDENT, BOARD OF DIRECTORS, THE PATTATHANAM SERVICE COOPERATIVE BANK LIMITED NO 1145, PATTATHANAM POST, KOLLAM DISTRICT, PIN CODE-691 021.
W.P(C).Nos.3407 and 3758 of 2021
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5 JALAJA M, JOINT REGISTRAR OF COOPERATIVE SOCIETIES (GENERAL),
R2 BY ADV. SRI.GEORGE POONTHOTTAM (SR.) R2 BY ADV. SMT.NISHA GEORGE R4 BY ADV. SRI.K.K.UNNI
OTHER PRESENT:
SR.GP K.P HARISH
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 17.03.2021, ALONG WITH WP(C).3758/2021(T), THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P(C).Nos.3407 and 3758 of 2021
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE SUNIL THOMAS
WEDNESDAY, THE 17TH DAY OF MARCH 2021 / 26TH PHALGUNA, 1942
WP(C).No.3758 OF 2021(T)
PETITIONERS:
1 ANITHA AMMA N., AGED 51 YEARS W/O. SUDARSHANAN PILLAI, KADAPPAL HOUSE, NOW RESIDING AT GURUDANAM HOUSE, PATTATHANAM POST, KOLLAM DISTRICT, PIN CODE - 691 021.
2 K. V. VARGHESE, AGED 61 YEARS S/O. K. A. VARGHESE, KUNNUMPURATH HOUSE, PATTATHANAM POST, KOLLAM DISTRICT, PIN CODE - 691 021.
BY ADV. SRI.D.SOMASUNDARAM
RESPONDENTS:
1 THE JOINT REGISTRAR OF CO OPERATIVE SOCIETIES (GENERAL) OFFICE OF THE JOINT REGISTRAR OF COOPERATIVE SOCIETIES (GENERAL), 2ND FLOOR, COLLECTORATE, CUTCHERY, KOLLAM DISTRICT, PIN CODE - 691 013.
2 THE ASSISTANT REGISTRAR OF COOPERATIVE SOCIETIES (GENERAL) OFFICE OF THE JOINT REGISTRAR OF COOPERATIVE SOCIETIES (GENERAL), KOLLAM, KOLLAM DISTRICT, PIN CODE - 691 001.
3 THE PATTATHANAM SERVICE CO-OPERTAITVE BANK LIMITED NO.1145 PATTATHANAM POST, KOLLAM DISTRICT, PIN CODE - 691 021, REPRESENTED BY ITS SECRETARY.
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4 THE PRESIDENT BOARD OF DIRECTORS, THE PATTATHANAM SERVICE COOPERTAITVE BANK LIMITED NO.1145, PATTATHANAM POST, KOLLAM DISTRICT, PIN CODE - 691 021.
R1-2 BY GOVERNMENT PLEADER R3 BY ADV. SRI.GEORGE POONTHOTTAM (SR.) R3 BY ADV. SMT.NISHA GEORGE R4 BY ADV. SRI.K.K.UNNI
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 17.03.2021, ALONG WITH WP(C).3407/2021(A), THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P(C).Nos.3407 and 3758 of 2021
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JUDGMENT
When the matters were taken up, learned counsel for the petitioners submitted that, they do not propose to pursue both the Writ Petitions.
Accordingly, Writ Petitions are dismissed as withdrawn reserving the right of the petitioners to seek appropriate reliefs in accordance with law.
Sd/-
SUNIL THOMAS
JUDGE
Sbna
W.P(C).Nos.3407 and 3758 of 2021
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APPENDIX OF WP(C) 3407/2021
PETITIONER'S EXHIBITS:
| EXHIBIT | P1 | COPY OF TH | E MOTION | DATED 12.1.2021 |
|---|---|---|---|---|
| EXHIBIT | P1 (A) | COPY OF TH | E NOTICE | DATED 23.1.2021 |
| EXHIBIT | P2 | TRUE COPY RESPONDENT |
OF THE DATED 2 |
NOTICE ISSUED BY THE 1ST 1.1.2021 |
| EXHIBIT | P2 (A) | TRUE COPY | OF THE N | OTICE DATED 1.2.2021 |
| EXHIBIT | P3 | TRUE COPY PETITIONER |
OF THE |
EXPLANATION OF THE 1ST |
| EXHIBIT | P4 | THE EXPL PETITIONER |
ANATION |
SUBMITTED BY THE 2ND |
| EXHIBIT | P5 | TRUE COPY | OF THE I | NSTRUMENT DATED 11.9.2012 |
| EXHIBIT | P6 | TRUE COPY 27.1.2020 |
OF THE | SETTLEMENT DEED DATED |
| EXHIBIT | P7 | TRUE COPY 1ST PETITI |
OF THE S ONER |
TAMPED EXPLANATION BY THE |
| EXHIBIT | P7 (A) | TRUE COPY THE 2ND PE |
OF THE TITIONER |
STAMPED EXPLANATIONS BY |
| EXHIBIT | P8 | TRUE COPY RESPONDENT |
OF THE |
REPLY GIVEN BY THE 1ST |
| RESPOND | ENT'S EXHIB | ITS: | ||
| EXHIBIT | R4A | TRUE COPY THE STATE OFFICE, KO |
OF THE L INFOMATI LLAM. |
ETTER DATED 19.02.201 OF ON OFFICER, SUB TREASURY |
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APPENDIX OF WP(C) 3758/2021
PETITIONER'S EXHIBITS:
EXHIBIT P1 COPY OF THE MOTION DATED 12.01.2021. EXHIBIT P2 COPY OF THE NOTICE DATED 23.01.2021. EXHIBIT P3 TRUE COPY OF THE NOTICE ISSUED BY THE 1ST RESPONDENT DATED 21.01.2021.
EXHIBIT P4 TRUE COPY OF THE NOTICE DATED 01.02.2021. EXHIBIT P5 TRUE COPY OF THE PROCEEDINGS DATED 09.02.2021, DISQUALIFYING THE PETITIONERS.
2 issues framed by the court
Whether the writ petitions should be allowed to proceed.
Whether the petitioners elected to withdraw their writ petitions.
Anitha Amma N.
K.V.Varghese
The Joint Registrar of Cooperative Societies (General)
The Assistant Registrar of Cooperative Societies (General)
The Pattathanam Service Co-operative Bank Ltd
The President, Board of Directors, The Pattathanam Service Co-operative Bank Ltd
Sunil Thomas
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
