Kerala High Court
T.N. Rajan vs The State Of Kerala on 12 November, 2012
Author: Harun-Ul-Rashid
Bench: Harun-Ul-Rashid
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE HARUN-UL-RASHID
MONDAY, THE 12TH DAY OF NOVEMBER 2012/21ST KARTHIKA 1934
WP(C).No. 26675 of 2012 (H)
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PETITIONER:
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T.N. RAJAN,
AGED 54 YEARS,
SON OF NEELAN,
THAZHATHU VEETIL, THIRUTHOOR,
P.O. PUTHEN VELIKKARA,
ERNAKULAM - 683 594.
BY ADVS.DR.K.P.PRADEEP,
SRI.K.N.VIKRAMATHITHYAN PILLAI.
RESPONDENTS:
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1. THE STATE OF KERALA,
REPRESENTED BY THE SECRETARY,
CO-OPERATION, GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM - 695 001.
2. REGISTRAR OF CO-OPERATIVE SOCIETIES,
DEPARTMENT OF CO-OPERATION,
GOVERNMENT OF KERALA,
THIRUVANANTHAPURAM - 695 001.
3. JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES,
(GENERAL), DEPARTMENT OF CO-OPERATION,
ERNAKULAM - 682 016.
4. THURUTHIPURAM SERVICE CO-OPERATIVE BANK LTD. NO.1789,
THURUTHIPURAM.P.O., ERNAKULAM - 680 667,
REPRESENTED BY ITS SECRETARY.
R1 TO R3 BY GOVERNMENT PLEADER SRI. G. GOPAKUMAR,
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 12-11-2012, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
Prv.
W.P.(C). NO.26675/2012-H:
APPENDIX
PETITIONER'S EXHIBITS:
EXT.P.1: COPY OF THE CASTE CERTIFICATE NO.K. DIS. 3442/2012/B3
DTD. 30/04/2012 ISSUED BY THE TAHSILDAR, PARAVUR.
EXT.P.2: COPY OF THE NOTICE NO. CRP (2) 4003/2012 DTD. 01/06/2012 ISSUED BY
THE R.3.
EXT.P.3: COPY OF THE OBJECTION DTD. 13/06/2012 FILED BY THE PETITIONER TO
THE R.3.
EXT.P.4: COPY OF THE ORDER NO. CRP(2) 4003/12 K. DIS. DTD. 26/06/2012 ISSUED
BY THE R.3.
EXT.P.5: COPY OF THE MEMORANDUM OF APPEAL DTD. 19/07/2012 WITHOUT
ANNEXURE, FILED BEFORE THE R.1.
EXT.P.6: COPY OF THE NOTICE NO.9527/C2/2012/CO-OP. DTD. 26/07/2012 ISSUED
BY THE R.1.
EXT.P.7: COPY OF THE LETTER DTD. 01/10/2012 SUBMITTED BY THE PETITIONER
TO THE R.1.
EXT.P.8: COPY OF THE CIRCULAR NO.9/2009 DTD. 27/02/2009 ISSUED BY THE
REGISTRAR OF CO-OPERATIVE SOCIETIES, KERALA.
EXT.P.9: COPY OF THE CIRCULAR NO.22/2009 DTD. 22/05/2009 ISSUED BY THE
REGISTRAR OF CO-OPERATIVE SOCIETIES, KERALA.
EXT.P.10: COPY OF THE CIRCULAR NO.67/2011 DTD. 03/09/2011 ISSUED BY THE
REGISTRAR OF CO-OPERATIVE SOCIETIES, KERALA.
EXT.P.11: COPY OF THE REQUEST DTD. 18/12/2011 FILED BY SMT. MALLIKA RAJAN
TO THE R.4.
EXT.P.12: COPY OF THE CIRCULAR NO.17/12 DTD. 18/04/2012 ISSUED BY THE
REGISTRAR OF CO-OPERATIVE SOCIETIES, KERALA.
EXT.P.13: COPY OF THE NOTICE NO.C/1019/12 DTD. 11/07/2012 ISSUED BY THE R.4.
EXT.P.14: COPY OF THE DEMAND NOTICE NO.1467/I LOAN DT.D 27/09/2012 ISSUED
BY THE SALE OFFICER, INSPECTOR OF CO-OPERATIVE SOCIETIES FOR
ARBITRATION AND EXECUTION, NORTH PARAVOOR, ERNAKULAM.
EXT.P.15: COPY OF THE ORDER DTD. 05/10/2012 IN W.P.(C).NO.23281/2012 FILED BY
SMT. MALLIKA RAJAN.
RESPONDENTS EXHIBITS: NIL.
//TRUE COPY//
P.A. TO JUDGE
Prv.
HARUN-UL-RASHID,J.
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W.P.(C) No. 26675 of 2012
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Dated this the 12th day of November 2012
JUDGMENT
Heard the learned counsel for the petitioner and learned Government Pleader for the respondents 1 to 3.
2. The writ petition is filed seeking a direction directing the first respondent to consider Ext.P5 statutory appeal filed against Ext.P4 orders within a time limit to be fixed by this Court and for other incidental reliefs.
3. The petitioner is aggrieved by Ext.P4 order passed by the 3rd respondent disqualifying the petitioner from acting as a member of the Managing Committee of the 4th respondent Bank invoking Rule 44 (1) C (1) of the Kerala Co-operative Societies Rules.
4. Aggrieved by Ext.P4 order petitioner submitted Ext.P5 appeal before the first respondent on 19.7.2012 and the same is pending consideration. Petitioner had sought for stay of operation of Ext.P4 order during the pendency of the appeal.
5. Since the prayer in the writ petition is limited to the W.P.(c) No.26675/2012 2 speedy disposal of stay petition and the appeal, the writ petition is disposed of directing the first respondent to consider and pass appropriate orders on Ext.P5 appeal within a period of three months from the date of receipt of a copy of the judgment. Petitioner filed an application seeking interim stay in the appeal. In the circumstance, there will be a further direction to the first respondent to consider the application for stay and pass appropriate orders thereon as expeditiously as possible, at any rate, within a period of three weeks from today.
Sd/-
HARUN-UL-RASHID, Judge.
al/-