A writ petition by a member of a cooperative society alleging inordinate delay in supersession proceedings. The High Court disposed of the petition by directing the Joint Registrar to consider the petitioner's representation without delay.
Direction to the 3rd respondent to consider the representation and conclude proceedings without delay.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE SATHISH NINAN
FRIDAY, THE 18TH DAY OF FEBRUARY 2022 / 29TH MAGHA, 1943
WP(C) NO. 1871 OF 2022
PETITIONER/S:
BINILA A. AGED 44 YEARS W/O. LATE RAJEEV, PATHALINGAL HOUSE, KARAPARAMBA P.O, KOZHIKODE 673 010
BY ADV P.P.JACOB
RESPONDENT/S:
BY ADV M.SASINDRAN
SMT RESMI.K.M SR.G.P
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 18.02.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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JUDGMENT
The petitioner is a member of the 1st respondent society. Proceedings under Section 32 of the Cooperative Societies Act for Supersession of the committee is on. Administration of the Society is presently under an administrative committee. Petitioner alleges that there is inordinate delay in completion of the proceedings. For a normal functioning of the society, elected committee has to administer the society, contents the petitioner.
representation before 2nd and 3rd respondents seeking finalisation of the proceedings. Petitioner seeks
for a direction to the 3rd respondent for consideration of Ext P6.
learned senior Government Pleader and also the learned counsel for 1st respondent.
Without expressing anything on the merits, the
writ petition is disposed of directing the 3rd
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respondent to consider Ext P6 and take the proceedings to a logical conclusion without delay.
Sd/-
Sathish Ninan, Judge
vdv
W P(C) NO.1871 of 2022
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APPENDIX OF WP(C) 1871/2022
PETITIONER EXHIBITS
Exhibit P1 TRUE PHOTOCOPY OF THE ORDER DATED 9- 10-2019 ISSUED BY THE THIRD RESPONDENT Exhibit P2 TRUE PHOTOCOPY OF THE COMPLAINT FILED BY THE MANAGING COMMITTEE DATED NIL RECEIVED BY THE THIRD RESPONDENT DATED 15-04-2019 Exhibit P3 TRUE PHOTOCOPY OF THE COMPLAINT DATED 17-05-2019 SUBMITTED TO THE SECOND RESPONDENT BY EMPLOYEES OF THE FIRST RESPONDENT Exhibit P4 TRUE PHOTOCOPY OF THE JUDGMENT IN W.P(C0 NO. 22509/21 DATED 27-10-2021 Exhibit P5 TRUE PHOTOCOPY OF THE ORDER DATED 2310-2021 ISSUED BY THE THIRD RESPONDENT Exhibit P6 TRUE PHOTOCOPY OF THE REPRESENTATION DATED 31-12-2021 SUBMITTED BY THE PETITIONER AND ANOTHER MEMBER FOR THE RESPONDENTS 2 AND 3
1 issue framed by the court
Whether a direction is issued for immediate consideration of the petitioner's representation to conclude supersession proceedings.
Binila A.
The City Vanitha Co-operative Society, Eranhipalam Post
The Assistant Registrar of Co-operative Societies (G), Kozhikode
The Joint Registrar of Co-operative Societies (General), Kozhikode
Sathish Ninan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
