Dismissed

Abijith v. Koratti Co-Operative Bank Ltd.

Kerala HC23 Dec 2022WP(C)/32303/2013

Case brief

AI extract

What is this about?

The petitioner challenged a selection process conducted by Koratti Co-operative Bank Ltd in 2013, seeking declaration of illegality and quashing of appointments. The court noted the matter had been pending for nine years without a positive interim order, deeming it inappropriate to decide on merits.

What did the court decide?

Petitioner's prayers for declaration, quashing of appointments, and direction for consideration of complaint are rejected.

Abijith Vs Koratti Co-Operative Bank Ltd. — Cooperative Societies | Kerala HC (2022)

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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 SHAJI P.CHALY

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FRIDAY, THE 23^RD DAY OF DECEMBER 2022 / 2ND POUSHA, 1944 WP(C) NO. 32303 OF 2013

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PETITIONER:

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ABIJITH AGED 21 YEARS S/O AYYAPPAN, RESIDING AT KANNAMPILLY HOUSE, KINFRA PARK PO, ATTAPADAM, THRISSUR-680 309.

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BY ADVS.SRI.C.V.MANUVILSAN SRI.P.G.SURESH

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RESPONDENTS:

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1 KORATTI CO-OPERATIVE BANK LTD NO.590, KORATTI PO, CHALAKKUDY, THRISSUR-680 308, REPRESENTED BY ITS SECRETARY.

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2 THE ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES GENERAL OFFICE OF THE ASSISTANT REGISTRAR, MUKUNDA PURAM, MUKUNDAPURAM PO, THRISSUR.

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3 THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES GENERAL OFFICE OF THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES (GENERAL), THRISSUR.

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4 THE REGISTRAR OF CO-OPERATIVE SOCIETIES GENERAL THIRUVANANTHAPURAM.

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5 ACHUTHAN CK CHAMBANNUR VEEDU, VAZHICHAL, KORATTI SOUTH PO, THRISSUR.

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6 JAGADEESH CM CHAMBANNUR VEEDU,

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W.P.(C.) No. 32303/2013 2

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VAZHICHAL, KORATTI SOUTH PO, THRISSUR.

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7 JIBITHA PG W/O KR SUMESH, MOOMULLI VEEDU, NALUKETTU PO, VALUNGA MURI, THRISSUR.

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8 SREEJA PR W/O VELIYATHU PARAMBIL BAIJU, RESIDING AT PANANGOOTTATHIL VEEDU, NALUKETTU PO, VALUNGA MURI, THRISSUR.

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9 SATHEESH KUMAR KA KOTTANCHIRA VEEDU, NALUKETU PO, VALUNGA MURI, THRISSUR.

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10 SMITHA W/O MURAKLI, PENGATTU VEEDU, MURINGOOR PO, THRISSUR.

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R2 TO R4 BY SRI.JOBY JOSEPH,SENIOR GOVERNMENT PLEADER

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 23.12.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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W.P.(C.) No. 32303/2013 3

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JUDGMENT

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This writ petition is filed by the petitioner seeking the following reliefs:-

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“1. Declare that the Selection Process conducted by the 1^st Respondent for filling up of vacancies pursuant to Exhibit P1 Notification is culpable abuse of discretion and hence the appointments of Respondents No. 5-10 are liable to be quashed as illegal, irrational and procedurally improper.

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2. Call for all the records pursuant to Exhibit P1 Notification from the Respondents No.1 and to quash all appointments of Respondents No.5-10 pursuant to Exhibit P1, by way of issuance of a Writ of Certiorari.

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Issue a Writ of Mandamus directing the Respondent No 2-4 to consider and pass appropriate action on Exhibit P8 complaint, without any further delay, by affording a reasonable opportunity of being heard to the Petitioner. ”

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The subject issue relates to a selection process conducted by Koratti Co-operative Bank Ltd. No. 590 during the year 2013. When the writ petition was admitted to the

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files of this Court, an interim order was passed on 27.12.2013 stating that appointment, if any, made shall be subject to the result of this writ petition. Anyhow, no counter affidavit is filed by the respondents.

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W.P.(C.) No. 32303/2013 4

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In that view of the matter and since the matter is

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pending before this Court for the past nine years without securing any positive interim order with respect to the selection conducted, I do not think that at this distance of time the issue can be decided on merits of the matter.

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The writ petition is dismissed accordingly.

Sd/-

SHAJI P. CHALY JUDGE

DCS/23.12.2022

W.P.(C.) No. 32303/2013 5

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APPENDIX

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PETITIONER EXHIBITS

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EXHIBIT P1 A TRUE PHOTOCOPY OF THE NEWS PAPER NOTIFICATION APPEARED IN THE MATBHRUBHOOMI DAILY DATED 15.6.2013, IS PRODUCED HEREWITH AND MARKED AS EXHIBIT P2 A TRUE PHOTOCOPY OF THE MEMO DATED 16.7.2013. EXHIBIT P3 A TRUE PHOTOCOPY OF THE LETTER DATED 3.12.2013.

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EXHIBIT P4 THE PHOTOGRAPHS OF THE FLEX BOARDS AND PROCESSION DONE BY A POLITICAL PARTY, PRIOR TO THE DATE OF INTERVIEW, IS PRODUCED HEREWITH AND MARKED AS

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EXHIBIT P5 A TRUE PHOTOCOPY OF THE NEWS ITEM PUBLISHED IN MALAYALA MANORAMA DAILY DATED 13.12.2013.

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EXHIBIT P6 A TRUE PHOTOCOPY OF THE NEWS ITEM PUBLISHED IN MATHRUBHOOMI DAILY DATED 13.12.2013.

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EXHIBIT P7 A TRUE PHOTOCOPY OF THE NEWS ITEM PUBLISHED IN JANMABHOOKI DAILY DATED 13.12.2013.

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EXHIBIT P8 A TRUE PHOTOCOPY OF THE REPRESENTATION PREFERRED BY THE PTTITIONER TO THE RESPONDENTS NO.2-4

Abijith v. Koratti Co-Operative Bank Ltd.

Case brief

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Abijith v. Koratti Co-Operative Bank Ltd.

Case brief

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