Kerala High Court
Maggie Varghese vs Registrar Of Co-Operative Societies on 10 June, 2014
Author: P.B.Suresh Kumar
Bench: P.B.Suresh Kumar
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE P.B.SURESH KUMAR
WEDNESDAY, THE 21ST DAY OF DECEMBER 2016/30TH AGRAHAYANA, 1938
WP(C).No. 40963 of 2016 (U)
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PETITIONER(S):
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MAGGIE VARGHESE, AGED 61 YEARS,
W/O.LATE VINOO GEORGE IPE,
ARACKAL, PARK LANE, KOTTAYAM-686 001
BY ADVS.SRI.JAMES KURIAN
SRI.KANDAMPULLY RAHUL
RESPONDENT(S):
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1. REGISTRAR OF CO-OPERATIVE SOCIETIES
STATUE NR. PRESS CLUB,
THIRUVANANTHAPURAM- 685 001
2. JOINT REGISTRAR OF CO-OP. SOCIETIES,
COLLECTORATE P.O., KOTTAYAM- 686 002
3. KOTTAYAM CO-OPERATIVE AGRICULTURAL & RURAL DEVELOPMENT
BANK LTD., P.B.NO. 198,
KOTTAYAM- 686 001
REP. BY ITS SECRETARY
4. THE BOARD OF DIRECTORS, KOTTAYAM CO-OPERATIVE
AGRICULTURAL & RURAL DEVELOPMENT BANK LTD., P.B.NO. 198,
KOTTAYAM- 686 001
REPRESENTED BY ITS PRESIDENT
5. KOTTAYAM MUNICIPALITY, REP. BY ITS SECRETARY,
KOTTAYAM- 686 001
BY SRI.V.G.ARUN
BY SR.GOVERNMENT PLEADER SRI.P.M.MANOJ
BY SRI.T.R.HARIKUMAR
BY SRI.S.RANJIT (KOTTAYAM), SC, KOTTAYAM MUNICIPALITY
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
21-12-2016, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
WP(C).No. 40963 of 2016 (U)
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APPENDIX
PETITIONER'S EXHIBITS:
EXT.P1: TRUE COPY OF THE COMMUNICATION ISSUED BY THE 3RD
RESPONDENT TO THE PETITIONER'S HUSBAND DATED 10.06.2014
EXT.P2: TRUE COPY OF THE RECEIPT EVIDENCING THE PAYMENT OF
RS.5000/- DATED 21.07.1994
EXT.P3: THE PHOTOGRAPHS OF THE OLD BUILDING CONSISTING OF TWO
ROOMS WHEREIN THE PETITIONER'S HUSBAND WAS CARRIED ON
HIS BUSINESS
EXT.P4: TRUE COPY OF THE RECEIPT DATED 14.02.1997 EVIDENCING
PAYMENT OF RS.25000/-
EXT.P5: THE PHOTOGRAPHS OF THE NEW CONSTRUCTION OF ROW
BUILDING BY THE 3RD RESPONDENT BANK
EXT.P6: TRUE COPY OF THE REPRESENTATION DATED 15.12.2016 SUBMITTED
BY THE PETITIONER BEFORE THE 2ND RESPONDENT.
RESPONDENTS EXHIBITS: NIL
//TRUE COPY//
P.A. TO JUDGE
dlk
P.B. SURESH KUMAR, J.
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W.P.(C) No.40963 of 2016
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Dated this the 21st day of December, 2016
JUDGMENT
The limited prayer made by the learned counsel for the petitioner, when this matter was taken up for admission, is for a direction to the second respondent to consider Ext.P6 representation within a time frame. Ext.P6 is a representation preferred by the petitioner pertaining her right to occupy a room in the building constructed by the third respondent Bank.
2. The learned counsel who entered appearance on behalf of the third respondent at the time of admission contended that the Joint Registrar of Co-operative Societies has no jurisdiction to deal with the matter raised in Ext.P6 representation.
3. Heard the learned counsel for the petitioner, the learned counsel for the third respondent as also the W.P.(C) No.40963 of 2016 -2- learned Government Pleader.
Having regard to the facts and circumstances of the case, the writ petition is disposed of directing the second respondent to consider Ext.P6 representation with notice to the petitioner as also the third respondent Bank, within three weeks from today. While complying with the said direction, the Joint Registrar shall necessarily deal with the contention raised by the third respondent Bank as to the jurisdiction of the Joint Registrar to deal with matters of this nature. Needless to say that until a final decision is taken, the room referred to in Ext.P6 shall not be given to anybody.
Sd/-
P.B. SURESH KUMAR JUDGE bpr