Kerala High Court
Santhosh.T.L vs The Joint Registrar Of Co-Operative ... on 30 July, 2009
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:-
THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN
THURSDAY,THE 9TH DAY OF JANUARY 2014/19TH POUSHA, 1935
W.P.(C).No.28355 of 2013 (T)
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PETITIONER:-
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SANTHOSH.T.L.,
PRESIDENT
THALIKKULAM SERVICE CO-OPERATIVE BANK LTD.NO.301,
RESIDING AT THOZHUTHUMPARAMBIL HOUSE,
THALIKKULAM POST, THRISSUR DISTRICT.
BY ADVS.SRI.M.SASINDRAN
SRI.M.B.PRAJITH
RESPONDENTS:-
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1. THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES (GENERAL),
THRISSUR - 680 003.
2. VINODAN.N.V., S/O.VELAPPAN,
NELLIPARAMBIL, THALIKKULAM POST,
THRISSUR DISTRICT - 680 569.
3. K.S.RAJAN,
KARIMULLY,THALIKKULAM POST, THRISSUR DISTRICT - 680 569.
4. KERALA CO-OPERATIVE ARBITRATION COURT (NORTHERN),
REPRESENTED BY ITS SECRETARY, KOZHIKODE - 673 001.
5. THE ADMINISTRATOR,
THALIKKULAM SERVICE CO-OPERATIVE BANK LTD.NO.301,
THALIKKULAM POST, THRISSUR DISTRICT - 680 569.
6. THALIKKULAM SERVICE CO-OPERATIVE BANK LTD.NO.301,
THALIKKULAM POST, THRISSUR DISTRICT - 680 569,
REPRESENTED BY ITS SECRETARY.
7. THE STATE CO-OPERATIVE ELECTION COMMISSION,
THIRUVANANTHAPURAM - 695 001.
R1 & R7 BY SPECIAL GOVERNMENT PLEADER SRI.D.SOMASUNDARAM.
R2 & R3 BY ADV. SRI.GEORGE POONTHOTTAM
R5 & R 6 BY ADVS. SRI.V.G.ARUN
SRI.T.R.HARIKUMAR.
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
09-01-2014, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:-
W.P.(C).No.28355 of 2013 (T)
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APPENDIX
PETITIONER'S EXHIBITS:-
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EXT.P1: COPY OF THE ORDER DATED 30.7.2009 ISSUED BY THE
JOINT REGISTRAR, THE 1ST RESPONDENT.
EXT.P2: COPY OF THE JUDGMENT DATED 12.8.2009 IN
WP(C).NO.22080 OF 2009.
EXT.P3: COPY OF THE PROCEEDINGS OF THE RETURNING OFFICER
DATED 16.8.2009.
EXT.P4: COPY OF THE PLAINT IN A.R.C.NO.127 OF 2009
(A.R.C.NO.102 OF 2011 NEW) DATED 9.9.2009.
EXT.P5: COPY OF THE WRITTEN STATEMENT FILED BY THE
DEFENDANTS IN THE A.R.C.DATED 12.11.2011.
EXT.P6: COPY OF THE ORDER DATED 15.11.2013 IN A.R.C.
NO.102 OF 2011 (OLD NUMBER A.R.C.NO.127 OF 2009) OF
THE KERALA CO-OPERATIVE ARBITRATION
COURT (NORTHERN), KOZHIKODE.
RESPONDENT(S)' EXHIBITS:-
----------------------------------------- NIL.
vku/- ( true copy )
K. Vinod Chandran, J.
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W.P.(C).No.28355 of 2013-T
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Dated this the 09th day of January, 2014
JUDGMENT
The writ petition is filed against Exhibit P6 order, which declared the elections to the Managing Committee of the 6th respondent-Bank to be bad.
2. The Managing Committee came into office on 16.08.2009 and their term normally would have expired on 15.08.2014. Admittedly after passing Exhibit P6 order, there is an Administrator appointed in the respondent-Bank. The petitioner has approached this Court under Article 226 of the Constitution, though there is a remedy provided under Section 82 of the Kerala Co-operative Societies Act, 1969 for an appeal to the Kerala Co-operative Tribunal. It is apposite in this case to note the decision of a Division Bench of this Court in Raghavan M.V. v. Returning Officer [2009 (2) KHC 47]:
"The Co-operative Arbitration Court is a judicial Tribunal, which should decide, based on the evidence and the arguments placed before it. If its decision is wrong, the appellants have a right of appeal to the Kerala Co-operative Tribunal, which is manned by a District W.P.(C).No.28355 of 2013-T - 2 - Judge and thereafter, they could have approached this Court, if they are aggrieved, under Articles 226 and 227 of the Constitution of India. So, we think that the contention of the appellants that the remedy available to them under the Kerala Co-operative Societies Act was not efficacious, cannot be accepted".
It is also submitted that the appeal period is not yet over and the limitation would operate only on 15.01.2014.
3. In the aforesaid circumstances, if an appeal is filed against Exhibit P6 order by the petitioner herein before 15.01.2014, then the Tribunal shall expedite the matter in view of the expiry of the term of the Managing Committee and shall pass final orders, at any rate within six months from 15.01.2014.
Writ petition disposed of. No costs.
Sd/-
K.Vinod Chandran Judge.
vku/-
( true copy )