Kerala High Court
K.V Ravindran vs State Of Kerala on 22 February, 2019
Author: Anil K.Narendran
Bench: Anil K.Narendran
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN
FRIDAY ,THE 22ND DAY OF FEBRUARY 2019 / 3RD PHALGUNA, 1940
WP(C).No. 701 of 2019
PETITIONER:
K.V RAVINDRAN
AGED 54 YEARS
S/O K.P. VASU, (MEMBERSHIP NO.34991 OF THE GURUVAYOOR
CO-OPERATIVE URBAN BANK LTD., GURUVAYOOR, THRISUSR
DISTRICT, RESIDING AT KURUMBOOR HOUSE,
ORUMANAYOOR P.O.,
THRISSUR DISTRICT-680 512.
BY ADV. SRI.ARAVIND UNNI
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY THE SECRETARY TO DEPARTMENT OF CO-
OPERATION, GOVERNMENT OF KERALA, TRIVANDRUM-695 001
2 THE REGISTRAR OF CO-OPERATIVE SOCIETY
OFFICE OF THE REGISTRAR, TRIVANDRUM-695 001.
3 JOINT REGISTRAR (GENERAL) OF CO-OPERATIVE SOCIETY
THRISSUR, THRISSUR DISTRICT-680 001.
4 ASSISTANT REGISTRAR (GENERAL) CHAVAKKAD
THRISSUR DISTRICT-680 058.
5 THE STATE CO-OPERATIVE ELECTION COMMISSION
3RD FLOOR, CO-BANK TOWERS, VIKAS BHAVAN P.O.,
THIRUVANANTHAPURAM-695 033.
REPRESENTED BY ITS SECRETARY.
6 THE GURUVAYOOR CO-OPERATIVE URBAN BANK LTD.,
GURUVAYOOR, THRISSUR DISTRICT-680022,
REPRESENTED BY ITS SECRETARY.
W.P.(C)No.701 of 2019
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7 THE MANAGING COMMITTEE
THE GURUVAYOOR CO-OPERATIVE URBAN BANK LTD.,
GURUVAYOOR, THRISSUR DISTRICT-680022,
REPRESENTED BY ITS PRESIDENT.
ADDL.8 VENUGOPAL V.
AGED 62, MEMBERSHIP NO.9396 OF THE GURUVAYOOR CO-
OPERATIVE URBAN BANK LTD., GURUVAYOOR, THRISSUR
DISTRICT, RESIDING AT KODAMANA HOUSE,
THIRUVENGIDAM, GURUVAYOOR P O.,
THRISSUR DISTRICT - 680101.
ADDL9 UDHAYAN K.P.
AGED 40, MEMBERSHIP NO.32515 OF THE GURUVAYOOR CO-
OPERATIVE URBAN BANK LTD., GURUVAYOOR, THRISSUR
DISTRICT, S/O.SARASWATHI AMMA, RESIDING AT
KURUVANGATT PUTHANVEETIL, THIRUVENKIDAM,
GURUVAYOOR P O., THRISSUR DISTRICT - 680101.
ADDL10 ARAVINTHAKSHAN NAIR
AGED 52, MEMBERSHIP NO.9313 OF THE GURUVAYOOR CO-
OPERATIVE URBAN BANK LTD., GURUVAYOOR, THRISSUR
DISTRICT, RESIDING AT PALLATH HOUSE, MAMMIYOOR,
GURUVAYOOR P O., THRISSUR DISTRICT - 680101.
ADDL11 SIVADAS M.S.
AGED 43, MEMBERSHIP NO.32292 OF THE GURUVAYOOR CO-
OPERATIVE URBAN BANK LTD., GURUVAYOOR, THRISSUR
DISTRICT, RESIDING AT MATHRAMKOTTU, THIRUVATHRA
P.O., CHAVAKKAD, THRISSUR DISTRICT - 680516.
ADDL12 SHIJITHA C.S.
AGED 32, MEMBERSHIP NO.40651 OF THE GURUVAYOOR CO-
OPERATIVE URBAN BANK LTD., GURUVAYOOR, THRISSUR
DISTRICT, RESIDING AT CHOZHIDAKATH HOUSE,
THIRUVATHRA P.O., CHAVAKKAD,
THRISSUR DISTRICT - 680516.
ADDL13 YETHEENTHRADAS P.
AGED 57 YEARS, MEMBERSHIP NO.8041 OF THE GURUVAYOOR
CO-OPERATIVE URBAN BANK LTD., GURUVAYOOR, THRISSUR
DISTRICT, S/O.VELAYUDHAN P.R., RESIDING AT
PONNARASSERI HOUSE, MANATHALAPUNNA, CHAVAKKAD P.O.,
THRISSUR DISTRICT - 680506.
W.P.(C)No.701 of 2019
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ADDL14 VEERAMANI K.D.
AGED 50 YEARS, MEMBERSHIP NO.31671 OF THE
GURUVAYOOR CO-OPERATIVE URBAN BANK LTD.,
GURUVAYOOR, THRISSUR DISTRICT, S/O.DASAN, RESIDING
AT KIZHAKKAKATH HOUSE, KADAPPURAM, BLANGAD P.O.,
CHAVAKKAD, THRISSUR DISTRICT - 680506.
ADDL15 ANTO THOMAS
AGED 45, MEMBERSHIP NO.30392 OF THE GURUVAYOOR CO-
OPERATIVE URBAN BANK LTD., GURUVAYOOR, THRISSUR
DISTRICT, RESIDING AT CHEERAN HOUSE, VAZHAPULLY,
PERAKAM P.O., CHAVAKKAD,
THRISSUR DISTRICT - 680506.
ADDL16 ABUBAKKAR R.A.
AGED 40 YEARS, MEMBERSHIP NO.40650 OF THE
GURUVAYOOR CO-OPERATIVE URBAN BANK LTD.,
GURUVAYOOR, THRISSUR DISTRICT, RESIDING AT RAMANATH
HOUSE, THAIKKAD P.O., GURUVAYOOR,
THRISSUR DISTRICT - 680104.
ADDL17 VASU K.I.
AGED 42 YEARS, MEMBERSHIP NO.22562 OF THE
GURUVAYOOR CO-OPERATIVE URBAN BANK LTD.,
GURUVAYOOR, THRISSUR DISTRICT, S/O.ITTIKORAN,
RESIDING AT KUNDU HOUSE, ORUMANAYUR P O.,
THRISSUR DISTRICT - 680512.
ADDL18 SUBAIDA
AGED 45 YEARS, MEMBERSHIP NO.12309 OF THE
GURUVAYOOR CO-OPERATIVE URBAN BANK LTD.,
GURUVAYOOR, THRISSUR DISTRICT, W/O.ABDUL GAFOOR,
RESIDING AT KANAPULLI HOUSE, MANATHALA,
CHAVAKKAD P O., THRISSUR DISTRICT - 680506.
ADDL19 SATHAR P.
AGED 50 YEARS, MEMBERSHIP NO.31867 OF THE
GURUVAYOOR CO-OPERATIVE URBAN BANK LTD.,
GURUVAYOOR, THRISSUR DISTRICT,
S/O.KUNJAVARASUKUTTY, RESIDING AT PUTHUVEETIL
HOUSE, VAZHAPULLY, PERAKAM, CHAVAKKAD P.O.,
THRISSUR DISTRICT - 680506.
W.P.(C)No.701 of 2019
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ADDL20 LAILA MAJEED
MEMBERSHIP NO.25843 OF THE GURUVAYOOR CO-OPERATIVE
URBAN BANK LTD., GURUVAYOOR, THRISSUR DISTRICT,
D/O.NAFEESA, RESIDING AT KANATTU HOUSE,
MANATHALAPUNNA, CHAVAKKAD P.O.,
THRISSUR DISTRICT - 680506.
ADDL21 THE PART TERM ADMINISTRATOR
THE GURUVAYOOR CO-OPERATIVE URBAN BANK LTD.,
GURUVAYOOR, THRISSUR DISTRICT - 680101.
(ADDL.RESPONDENTS NOS.8 TO 21 WERE IMPLEADED AS PER
ORDER DATED 23.01.2019 IN IA 1/19.)
BY ADVS.
SRI.D.SOMASUNDARAM
SRI.GEORGE POONTHOTTAM (SR.)
SMT.NISHA GEORGE
SRI.ARJUN RAGHAVAN
SRI.T.R.HARIKUMAR
SRI.MABLE C.KURIEN, SR.GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
22.02.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C)No.701 of 2019
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J U D G M E N T
The petitioner, who is a member of the 6th respondent Bank, which is a Society registered under the Kerala Co-operative Societies Act, 1969, and the rules made thereunder, has filed this writ petition under Article 226 of the Constitution of India, seeking a writ of mandamus commanding respondents 3 to 5 to conduct an inquiry within the prescribed time limit on Exts.P1 and P2 complaints; and a writ of mandamus commanding the 5th respondent to remove the ineligible members from the voters list and conduct an inquiry on the bulk collection of bogus ID cards.
2. On 15.1.2019 when this writ petition came up for admission, this Court passed the following order;
"The petitioner, who is a member of the 6th respondent Bank, which is a Society registered under the Kerala Co-operative Societies Act and the Rules made thereunder, has filed this W.P.(C)No.701 of 2019 :-6-:
writ petition under Article 226 of the Constitution of India, seeking a writ of mandamus commanding respondents 3 to 5 to conduct enquiry on Exts.P1 and P2 complaints, within a time limit to be fixed by this Court. The further relief sought for is a writ of mandamus commanding the 5th respondent to remove ineligible members from the voters list and to conduct an enquiry on the bulk collection of bogus identity cards.
2. In the writ petition, allegations are made against the members of the Managing Committee holding office till a Part-time Administrator has been appointed, in terms of the order of this Court, in another writ petition.
3. In Prabodh Verma v. State of U.P. [(1984) 4 SCC 251] a Three-Judge Bench of the Apex Court held that a High Court ought not to hear and dispose of a writ petition under Article 226 of the Constitution without the persons who would be vitally affected by its judgment being before it as respondents or at least some of them before it as respondents in a representative capacity, if their number is too large to join them as respondents individually, and, if the petitioners refuse to so join them the High Court ought to dismiss the petition for non-joinder of W.P.(C)No.701 of 2019 :-7-:
necessary parties.
4. The learned counsel for the petitioner seeks time to file an application to implead the members of the 7th respondent Managing Committee against whom allegations are made.
The learned counsel also seeks time to implead the Part-time Administrator. List on 23.01.2019."
3. Thereafter, on 23.1.2019, when this writ petition came up for further consideration, this Court allowed I.A.No.1/2019 filed by the petitioner, seeking an order to implead the members of the Managing Committee and also the Part-time Administrator of the 6th respondent Bank as additional respondents 8 to 21. This Court has issued notice by special messenger to respondents 6 and 7 and also to additional respondents 8 to
20.
4. Today when the case is taken up for further consideration, it is submitted by the learned counsel for the petitioner that the election to the Managing Committee of the 6th W.P.(C)No.701 of 2019 :-8-:
respondent Bank has already been conducted on 3.2.2019 and the elected committee has already taken charge. As the reliefs sought for in this writ petition have become infructuous, this writ petition may be dismissed as withdrawn, without prejudice to the right of the petitioner to raise any dispute in connection with the election held on 3.2.2019 to the Managing Committee of the 6th respondent Bank, by invoking the statutory provisions under Section 69 of the Act, by approaching the Co-operative Arbitration Court.
In such circumstances, recording the above submission made by the learned counsel for the petitioner, this writ petition is dismissed as withdrawn, reserving the aforesaid right of the petitioner.
Sd/-
ANIL K.NARENDRAN JUDGE ami/