Kerala High Court
The Joint Registrar Of Co-Operative ... vs Y.R.Vincent on 6 April, 2022
Author: Alexander Thomas
Bench: Alexander Thomas
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS
&
THE HONOURABLE MR.JUSTICE VIJU ABRAHAM
WEDNESDAY, THE 6TH DAY OF APRIL 2022 / 16TH CHAITHRA, 1944
WA NO. 300 OF 2022
AGAINST THE ORDER/JUDGMENT DATED 21.02.2022 IN WP(C)
12783/2021 OF HIGH COURT OF KERALA
APPELLANTS/PETITIONERS:
1 Y.R.VINCENT,
AGED 46 YEARS
FORMER PRESIDENT OF ARAYOOR SERVICE CO-OPERATIVE
BANK,RESIDING AT
V.S.BHAVAN,THOTTATHUVILA,THOTTINKARA,PLAMOTTUKADA
P.O..THIRUVANANTHAPURAM.
2 K.P.KRISHNAN NAIR,
FORMER COMMITTEE MEMBER OF ARAYOOR SERVICE CO-
OPRATIVE BANK,RESIDING AT POOVANNARA
HOUSE,ARAYOOR,ARAYOOR P.O.,THIRUVANANTHAPURAM.
3 B.SATHEESH KUMAR,
FORMER COMMITTEE MEMBER OF ARAYOOR SERVICE CO-
OPRATIVE BANK,RESIDING AT VAZTHIVILA
HOUSE,UDIYANKULANGARA,ARAYOOR
P.O.,THIRUVANANTHAPURAM.
4 A.PALRAJ,
FORMER COMMITTEE MEMBER OF ARAYOOR SERVICE CO-
OPRATIVE BANK,RESIDING AT
P.H.BHAVAN,ARAYOOR,ARAYOOR P.O.,THIRUVANANTHAPURAM.
5 R.GIRIJA,
FORMER COMMITTEE MEMBER OF ARAYOOR SERVICE CO-
OPRATIVE BANK,RESIDING AT MOOLAYIL
HOUSE,ARAYOOR,ARAYOOR P.O.,THIRUVANANTHAPURAM.
6 L.PREMALATHA,
FORMER COMMITTEE MEMBER OF ARAYOOR SERVICE CO-
OPRATIVE BANK,RESIDING AT PALLIVILA
HOUSE,KOCHOTTUKONAM,ARAYOOR
WA Nos.300 & 443 of 2022 2
P.O.,THIRUVANANTHAPURAM.
7 S.YAMUNAKUMARI,
FORMER COMMITTEE MEMBER OF ARAYOOR SERVICE CO-
OPRATIVE BANK,RESIDING AT PERINGALAMPADUPUTHEN
HOUSE,KUDUPOTTUKUKONAM,VATTAVILA
P.O.,THIRUVANANTHAPURAM.
8 A.K.BINDU,
FORMER COMMITTEE MEMBER OF ARAYOOR SERVICE CO-
OPRATIVE BANK,RESIDING AT GURUKKALKUDIYIRIPPU
HOUSE,UDIYANKULANGARA,ARAYOOR
P.O.,THIRUVANANTHAPURAM.
9 P.RAJASEKHARAN NAIR,
FORMER COMMITTEE MEMBER OF ARAYOOR SERVICE CO-
OPRATIVE BANK,RESIDING AT PARAMESWARA
VILASAM,ARAYOOR,ARAYOOR P.O.,THIRUVANANTHAPURAM.
10 W.CRIPSIN,
FORMER COMMITTEE MEMBER OF ARAYOOR SERVICE CO-
OPRATIVE BANK,RESIDING AT MEKKUMKARA
HOUSE,KEEZHKOLLA,THIRUVANANTHAPURAM.
11 T.R.STEPHEN,
FORMER COMMITTEE MEMBER OF ARAYOOR SERVICE CO-
OPRATIVE BANK,RESIDING AT ADARSH
BHAVAN,UDIYANKULANGARA,VATTAVILA
P.O.,THIRUVANANTHAPURAM.
12 M.RAVEENDRAN NAIR,
FORMER COMMITTEE MEMBER OF ARAYOOR SERVICE CO-
OPRATIVE BANK,RESIDING AT
MURALEERAVAM,NADOORKOLLAM,AMARAVILA
P.O.,THIRUVANANTHAPURAM.
13 K.S.GIRIJA,
FORMER COMMITTEE MEMBER OF ARAYOOR SERVICE CO-
OPRATIVE BANK,RESIDING AT
KRISHNASREE,R.C.STREET,NEYYATTINKARA,THIRUVANANTHAP
URAM,.
14 P.MARY VALSALA,
SECRETARY IN CHARGE,ARAYOOR SERVICE CO-OPERATIVE
BANK,RESIDING AT
VIDYABHAVAN,NEDIYAMKODU,DHANUVACHAPURAM
WA Nos.300 & 443 of 2022 3
P.O.,THIRUVANANTHAPRUAM.
BY ADVS.
P.N.MOHANAN
C.P.SABARI
AMRUTHA SURESH
N.P.RENJITH RAO
RESPONDENTS/RESPONDENTS:
1 JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES (G),
OFFICE OF THE JOINT REGISTRAR OF CO-OPERATIVE
SOCIEITES,JAGATHI,THIRUVANANTHAPURAM-696 014.
2 THE GOVERNMENT OF KERALA,
REPRESENTED BY SECRETARY TO GOVERNMENT,CO-OPERATIVE
DEPARTMENT,SECRETARIAT,
THIRUVANANTHAPURAM-695 001.
3 THE REGISTRAR OF CO-OPERATIVE SOCIETIES,
DEPARTMENT OF CO-OPERATION,OFFICE OF THE REGISTRAR
OF CO-OPERATIVE SOCIETIES,JAWAHAR SAHAKARANA
BHAVAN,DPI JUNCTION,THYCAUD P.O.,THIRUVANANTHAPURAM-
695 014.
4 ARAYOOR SERVICE CO-OPERATIVE BANK LTD.NO.692,
ARAYOOR,NEYYATINKARA,THIRUVANANTHAPURAM-695 122.
REPRESENTED BY ITS SECRETARY.
5 THE ADMINISTRATOR,
ARAYOOR SERVICE CO-OPERATIVE BANK
LTD.NO.692,ARAYOOR,NEYYATINKARA,
THIRUVANANTHAPURAM-695 122.
6 ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES
(GENERAL),
NEYYATTINKARA,THIRUVANANTHAPURAM-695 121.
7 ADDL.R7.A.S.PRASAD,
AGED 44,S/O.APPUKUTTAN NAIR,VALIYAPURA VEEDU,ARAYOOR
P.O.,
THIRUVANANTHAPURAM-695 122.
BY ADV M.SASINDRAN
WA Nos.300 & 443 of 2022 4
OTHER PRESENT:
SRI.P.P. THAJUDHEEN, SPL.GP (CO-OPERATION)
THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON
06.04.2022, ALONG WITH WA.443/2022, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
WA Nos.300 & 443 of 2022 5
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS
&
THE HONOURABLE MR.JUSTICE VIJU ABRAHAM
WEDNESDAY, THE 6TH DAY OF APRIL 2022 / 16TH CHAITHRA, 1944
WA NO. 443 OF 2022
AGAINST THE ORDER/JUDGMENT IN WP(C) 12783/2021 OF HIGH COURT
OF KERALA
APPELLANTS/RESPONDENTS 1,2,3 & 6 IN WPC:
1 THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES (G),
OFFICE OF THE JOINT REGISTRAR OF CO OPERATIVE
SOCIETIES, JAGATHI, THIRUVANANTHAPURAM, PIN -
695014
2 THE GOVERNMENT OF KERALA,
REPRESENTED BY SECRETARY TO GOVERNMENT, CO-
OPERATIVE DEPARTMENT, SECRETARIAT,
THIRUVANANTHAPURAM, PIN - 695001
3 THE REGISTRAR OF CO-OPERATIVE SOCIETIES
DEPARTMENT OF CO-OPERATION, OFFICE OF THE REGISTRAR
OF CO-OPERATIVE SOCIETIES, JAWAHAR SAHAKARANA
BHAVAN, DPI JUNCTION, THYCAUD P.O.,
THIRUVANANTHAPURAM., PIN - 695014
4 ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES
(GENERAL)
NEYYATTINKARA, THIRUVANANTHAPURAM, PIN - 695121
SRI.P.P.THAJUDHEEN, SPL. GP
RESPONDENTS/PETITIONERS & RESPONDENTS 4,5 & ADDL. 7TH
RESPONDENT IN WPC:
1 Y.R.VINCENT,
FORMER PRESIDENT OF ARAYOOR SERVICE CO-OPERATIVE
BANK, RESIDING AT V.S. BHAVAN, THOTTATHUVILA
WA Nos.300 & 443 of 2022 6
THOTTINKARA, PLAMOOTTUKADA P.O.
THIRUVANANTHAPURAM., PIN - 695122
2 K.P.KRISHNAN NAIR,
FORMER COMMITTEE MEMBER OF ARAYOOR SERVICE CO-
OPERATIVE BANK, RESIDING AT POOVANNARA
HOUSE,ARAYOOR, ARAYOOR P.O, THIRUVANANTHAPURAM.,
PIN - 695122
3 B.SATHEESH KUMAR,
FORMER COMMITTEE MEMBER OF ARAYOOR SERVICE CO-
OPERATIVE BANK, RESIDING AT VAZTHIVILA HOUSE,
UDIYANKULANGARA, ARAYOOR P.O, THIRUVANANTHAPURAM.,
PIN - 695122
4 A.PALRAJ,
FORMER COMMITTEE MEMBER OF ARAYOOR SERVICE CO-
OPERATIVE BANK, RESIDING AT P.H. BHAVAN, ARAYOOR,
ARAYOOR P.O, THIRUVANANTHAPURAM, PIN - 695122
5 R.GIRIJA,
FORMER COMMITTEE MEMBER OF ARAYOOR SERVICE CO-
OPERATIVE BANK, RESIDING AT MOOLAYIL HOUSE,
ARAYOOR, ARAYOOR P.O, THIRUVANANTHAPURAM, PIN -
695122
6 L.PREMALATHA,
FORMER COMMITTEE MEMBER OF ARAYOOR SERVICE CO-
OPERATIVE BANK, RESIDING AT PALLIVILA HOUSE,
KOCHOTTUKONAM, ARAYOOR P.O, THIRUVANANTHAPURAM, PIN
- 695122
7 S.YAMUNAKUMARI,
FORMER COMMITTEE MEMBER OF ARAYOOR SERVICE CO-
OPERATIVE BANK, RESIDING AT PERINGALAMPADUPUTHEN
HOUSE, KUDUPOTTUKUKONAM, VATTAVILA P.O,
THIRUVANANTHAPURAM, PIN - 695122
8 A.K.BINDU,
FORMER COMMITTEE MEMBER OF ARAYOOR SERVICE CO-
OPERATIVE BANK, RESIDING AT GURUKKALKUDIYIRIPPU
HOUSE, UDIYANKULANGARA, ARAYOOR P.O.
THIRUVANANTHAPURAM, PIN - 695122
9 P.RAJASEKHARAN NAIR,
FORMER COMMITTEE MEMBER OF ARAYOOR SERVICE CO-
OPERATIVE BANK, RESIDING AT PARAMESWARA VILASAM,
WA Nos.300 & 443 of 2022 7
ARAYOOR, ARAYOOR P.O. THIRUVANANTHAPURAM, PIN -
695122
10 W.CRIPSIN,
FORMER COMMITTEE MEMBER OF ARAYOOR SERVICE CO-
OPERATIVE BANK, RESIDING AT MEKKUMKARA HOUSE,
KEEZHKOLLA, THIRUVANANTHAPURAM, PIN - 695132
11 T.R.STEPHEN,
FORMER COMMITTEE MEMBER OF ARAYOOR SERVICE CO-
OPERATIVE BANK, RESIDING AT ADARSH BHAVAN,
UDIYANKULANGARA, VATTAVILA P.O,
THIRUVANANTHAPURAM., PIN - 695122
12 M.RAVEENDRAN NAIR,
FORMER SECRETARY OF ARAYOOR SERVICE CO OPERATIVE
BANK, RESIDING AT MURALEERAVAM, NADOORKOLLAM,
AMARAVILA P.O, THIRUVANANTHAPURAM, PIN - 695122
13 K.S. GIRIJA,
FORMER SECRETARY OF ARAYOOR SERVICE CO-OPERATIVE
BANK, RESIDING AT KRISHNASREE, R.C. STREET,
NEYYATTINKARA, THIRUVANANTHAPURAM, PIN - 695122
14 P.MARY VALSALA,
SECRETARY IN CHARGE, ARAYOOR SERVICE CO-OPERATIVE
BANK, RESIDING AT VIDYABHAVAN, NEDIYAMKODU,
DHANUVACHAPURAM P.O, THIRUVANANTHAPURAM., PIN -
695503
15 ARAYOOR SERVICE CO-OPERATIVE BANK LTD NO. 692,
ARAYOOR, NEYYATINKARA, THIRUVANTHAPURAM-695122
REPRESENTED BY ITS SECRETARY., PIN - 695122
16 THE ADMINISTRATOR,
ARAYOOR SERVICE CO-OPERATIVE BANK LTD NO.692,
ARAYOOR, NEYYATINKARA, THIRUVANTHAPURAM, PIN -
695122
17 A.S. PRASAD,2
S/O. APPUKUTTAN NAIR, VALIYAPURA VEEDU, ARAYOOR
P.O., THIRUVANANTHAPURAM, PIN - 695122
BY ADVS.
P.N.MOHANAN
N.P.RENJITH RAO
WA Nos.300 & 443 of 2022 8
THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON
06.04.2022, ALONG WITH WA.300/2022, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
ALEXANDER THOMAS & VIJU ABRAHAM, JJ.
======================================
W.A. No.300 of 2022
[Arising out of the impugned judgment dated 21.02.2022 in W.P.(C).No.12783/2021]
&
W.A. No.443 of 2022
[Arising out of the impugned judgment dated 21.02.2022 in W.P.(C).No.12783/2021]
=========================================
Dated this the 6th day of April, 2022
JUDGMENT
Viju Abraham, J.
W.A.No.300 of 2022 is filed by the petitioners in W.P.(C) No.12783 of 2021, whereas W.A.No.443 of 2022 is filed by the respondents in the said writ petition, both challenging the judgment of the learned Single Judge dated 21.02.2022 in W.P.(C) No.12783 of 2021. Since both these writ appeals are challenging the very same judgment of the learned Single Judge dated 21.02.2022, these appeals are heard and disposed of together. Parties will be referred to their status assigned in the writ petition.
2. The brief facts necessary for the disposal of these appeals are as follows:
Petitioners 1 to 11 in the writ petition are erstwhile managing committee members of the 4th respondent bank and the 13th petitioner is the former Secretary of the bank, whereas the 14 th petitioner is the Secretary WA Nos.300 & 443 of 2022 10 now in charge of the 4th respondent bank. The dispute, in this case, is regarding the surcharge of the managing committee under Section 68 (2) of the Kerala Co-operative Societies Act (for short 'the Act') by Ext.P11 order dated 16.06.2021, Ext.P12 order of disqualification issued under Section 44(1) of the Kerala Co-operative Societies Rules and also Ext.P15 order dated 18.06.2021 appointing an administrator under Section 33 of the Act. The learned Single Judge after considering the rival contentions of both sides allowed the writ petition as follows:
"16. On the findings as above in respect of contentions (b) and (d), it is necessary that fresh orders be passed by the authority. Exhibit P11 order is thus liable to be interfered with.
17. Resultantly, Exhibit P11 order and the consequential orders of disqualification and appointing an administrator are quashed. The 1st respondent shall pass fresh orders in the light of the findings entered into in this judgment, after affording an opportunity of hearing to the parties. Let orders be passed within a period of one month from the date of receipt of a copy of this judgment. Since administrator had been in management from 18.06.2021 he shall continue in office subject to the outcome of the proceedings.
Writ Petition is allowed as above."
3. Writ Appeal No.300 of 2022 is filed by the petitioners in the writ petition mainly aggrieved by the direction of the learned Single Judge permitting the Administrator to continue in office subject to the outcome of the proceedings as directed in the judgment dated 21.02.2022, whereas Writ Appeal No.443 of 2022 is filed by the respondents in the writ petition mainly aggrieved by the judgment WA Nos.300 & 443 of 2022 11 passed by the learned Single Judge whereby Exts.P11, P12 & Ext.P15 were quashed.
4. When the matter came up for consideration today, the learned Special Government Pleader (Co-operation) Sri.P.P.Thajudheen informed this Court that in compliance with the direction issued by the learned Single Judge in the judgment dated 21.02.2022 in W.P.(C) No.12783 of 2021 revised surcharge order bearing No.CRP(1) 6180/2017 dated 25.03.2022 was issued and a copy of the same has been produced for the perusal of this Court. The learned Government Pleader also submitted that further proceedings pursuant to the said surcharge order dated 25.03.2022 will also be initiated. In view of the subsequent development in the matter, it is for the appellants in W.A.No.300 of 2022 to work out their remedy against the fresh order passed by the Joint Registrar of Co-operative Societies (General), Thiruvananthapuram dated 25.03.2022 in appropriate proceedings. Reserving such liberty, W.A.No.300 of 2022 will stand disposed of.
5. Whereas, in Writ Appeal No.443 of 2022, the specific case of the appellants, who are respondents in the writ petition is that the interference made by the learned Single Judge in Exts.P11, P12 & P15 orders is not sustainable and is liable to be interfered with. In view of the consequential development as is evident from the order passed by WA Nos.300 & 443 of 2022 12 the Joint Registrar (General) dated 25.03.2022, there cannot be any further challenge against the order of the learned Single Judge interfering with Exts.P11 & P12 orders, which are the order of surcharge and consequential order of disqualification. But as against Ext.P15 order, appointing the administrator, the learned Single Judge has issued an order to the effect that since the administrator was in management from 18.06.2021, he shall continue in office till the proceedings are finally settled. We feel that the learned Single Judge ought not to have set aside Ext.P15 order appointing the administrator, while issuing an order, directing his continuance till the proceedings are finalised. Therefore, to the said limited extent, the order passed by the learned Single Judge is so modified and consequently, we uphold the decision of the learned Single Judge to permit the administrator to be in the management of the Society till the outcome of the proceedings.
With these observations and directions, the above Writ Appeals will stand finally disposed of.
sd/-
ALEXANDER THOMAS, JUDGE sd/-
VIJU ABRAHAM, JUDGE pm