Kerala High Court
K.Sivadasan Nair vs Registrar Of Co-Operative Societies on 27 January, 2022
Author: Sathish Ninan
Bench: Sathish Ninan
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE SATHISH NINAN
THURSDAY, THE 27TH DAY OF JANUARY 2022 / 7TH MAGHA, 1943
WP(C) NO. 25555 OF 2021
PETITIONER:
S.SANJAYA KUMAR,
AGED 50 YEARS
PRESIDENT & DELEGATE, PALODE CO-OPERATIVE AGRICULTURAL &
RURAL DEVELOPMENT BANK LTD., NO.T 862, PALODE, KARUMANCODE
P.O., PACHA, THIRUVANANTHAPURAM-695 562.
BY ADVS.
N.RAGHURAJ
SAYUJYA
RESPONDENTS:
1 THE REGISTRAR OF CO-OPERATIVE SOCIETIES,
OFFICE OF THE REGISTRAR OF CO-OPERATIVE SOCIETIES, D.P.I.
JUNCTION, THIRUVANANTHAPURAM-695 014.
2 THE KERALA STATE CO-OPERATIVE AGRICULTURAL & RURAL
DEVELOPMENT BANK LTD.NO.T.4017,
AGRICULTURAL DEVELOPMENT BANK BUILDING, STATUE JUNCTION,
THIRUVANANTHAPURAM-695 001, REPRESENTED BY THE MANAGING
DIRECTOR.
3 THE BOARD OF DIRECTORS,
KERALA STATE CO-OPERATIVE AGRICULTURAL & RURAL DEVELOPMENT
BANK LTD.NO.T.4017, AGRICULTURAL DEVELOPMENT BANK BUILDING,
STATUE JUNCTION, THIRUVANANTHAPURAM-695 001, REPRESENTED BY
THE PRESIDENT.
WP(C) NO. 25555 OF 2021 -2-
*ADDL.R4 ADV. SHAJI MOHAN.C.K,
DELEGATE, CHERTHALA CO-OPERATIVE AGRICULTURAL & RURAL
DEVELOPMENT BANK LTD. NO.A-327, CHERTHALA.P.O, ALAPPUZHA
DISTRICT - 688 522.
* [ADDL.R4 IS IMPLEADED AS PER ORDER DATED 07/12/2021 IN
I.A.1/21 IN W.P(C) 25555/2021]
BY ADVS.
M.A.ASIF
GEORGE POONTHOTTAM (SR.)
NISHA GEORGE
ARUN CHANDRAN
OTHER PRESENT:
SRI.P.P.THAJUDHEEN, SPL.GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
27.01.2022, ALONG WITH WP(C).21049/2021, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE SATHISH NINAN
THURSDAY, THE 27TH DAY OF JANUARY 2022 / 7TH MAGHA, 1943
WP(C) NO. 21049 OF 2021
PETITIONERS:
1 K.SIVADASAN NAIR
AGED 72 YEARS
EX-MLA, DELEGATE, THIRUVALLA PRIMARY CO-OPERATIVE
AGRICULTURAL & RURAL DEVELOPMENT BANK LTD.NO.A-159,
THIRUVALLA, PATHANATHITTA DISTRICT-689 101
2 PHILSON MATHEWS,
MEMBER, BOARD OF DIRECTOR, KERALA STATE CO-OPERATIVE
AGRICULTURAL AND RURAL DEVELOPMENT BANK LTD.NO.T-4017,
AGRICULTURAL DEVELOPMENT BANK BUILDING, STATUE JUNCTION,
THIRUVANANTHAPURAM-695 001
3 BEENA RAVISANKAR,
DELEGATE, CHAVAKKAL PRIMARY CO-OPERATIVE AGRICULTURAL AND
RURAL DEVELOPMENT BANK LTD.NO.R-1355, CHAVAKKAD, THRISSUR
DISTRICT-680 101
4 AVOLAN RADHAKRISHNAN,
DELEGATE, BADAGARA TALUK CO-OPERATIVE AGRICULTURAL AND RURAL
DEVELOPMENT BANK LTD.NO.F-1857, KAKKATTIL, VADAKARA,
KOZHIKKODE DISTRICT
5 V.P.ABDU RAHIMAN
DELEGATE, TIRUR PRIMARY CO-OPERATIVE AGRICULTURAL AND RURAL
DEVELOPMENT BANK LTD.NO.M.11, TIRUR P.O., MALAPPURAM DISTRICT
6 JOMON MATHEW
DELEGATE , CHANGANASSERY TALUK AGRICULTURAL AND RURAL
DEVELOPMENT BANK LTD.NO K-1119, KARUKACHAL P.O., KOTTAYAM
DISTRICT
WP(C) NO. 21049 OF 2021 -2-
7 K.V.DASAN
DELEGATE, THRISSUR PRIMARY CO-OPERATIVE AGRICULTURAL AND
RURAL DEVELOPMENT BANK LTD.NO329, CIVIL LANE ROAD, THRISSUR
8 MERCY SAMUEL,
DELEGATE, PATHANAMTHITTA PRIMARY CO-OPERATIVE AGRICULTURAL
AND RURAL DEVELOPMENT BANK LTD.NO.Q-390, PATHANAMTHITTA,
PATHANAMTHITTA DISTRICT
9 K.NEELAKANDAN,
DELEGATE, KASARGOD PRIMARY CO-OPERATIVE AGRICULTURAL & RURAL
DEVELOPMENT BANK LTD.NO.FF 113, NAYAKS ROAD, KASARGOD
DISTRICT-671 121
10 T.M.KRISHNAN,
DELEGATE, THALAPILLY TALUK CO-OPERATIVE AGRICULTURAL AND
RURAL DEVELOPMENT BANK LTD.NO.R-1354, WADAKKANCHERY, THRISSUR
DISTRICT
11 S.K.ANANTHAKRISHNAN
DELEGATE, PALAKKAD PRIMARY CO-OPERATIVE AGRICULTURAL AND
RURAL DEVELOPMENT BANK LTD.NO.F-1029, R.C ROAD, PALAKKAD
DISTRICT, -678 014
12 PUSHPA.M.,
DELEGATE, CHITTUR PRIMARY CO-OPERATIVE AGRICULTURAL AND RURAL
DEVELOPMENT BANK LTD.NO.P-619, ANICODE, PALAKKAD DISTRICT
13 S.MURALEEDHARAN NAIR,
DELEGATE, KOTTARAKKARA PRIMARY CO-OPERATIVE AGRICULTURAL AND
RURAL DEVELOPMENT BANK LTD.NO.Q 1511, PULAMAN P.O.,
KOTTARAKKARA, KOLLAM DISTRICT
14 ADV.C.K.SHAJI MOHAN,
DELEGATE, CHERTHALA, CO-OPERATIVE AGRICULTURAL & RURAL
DEVELOPMENT BANK LTD.NOA-327, CHERTHALA P.O., ALAPPUZHA
DISTRICT-688 522
WP(C) NO. 21049 OF 2021 -3-
15 K.K.JINNAS,
DELEGATE, THE ALUVA PRIMARY CO-OPERATIVE AGRICULTURAL AND
RURAL DEVELOPMENT BANK LTD.NO 87, ALUVA, ERNAKULAM DISTRICT-
683 101
16 GANGADHARAN.M.,
S/O. KUNJIRAMAN NAMBIAR, AGED 70 YEARS, RESIDING AT MEENOTT
HOUSE, ECHOOR P.O., KANNUR DISTRICT-670 591
BY ADVS.
GEORGE POONTHOTTAM (SR.)
ARUN CHANDRAN
RESPONDENTS:
1 REGISTRAR OF CO-OPERATIVE SOCIETIES
OFFICE OF THE REGISTRAR OF CO-OPERATIVE SOCIETIES, DPI
JUNCTION, THIRUVANANTHAPURAM-695 014
2 KERALA STATE CO-OPERATIVE AGRICULTURAL AND RURAL DEVELOPMENT
BANK LTD.NO T-4017
AGRICULTURAL DEVELOPMENT BANK BUILDING, STATUE JUNCTION,
THIRUVANANTHAPURAM-695 001, REPRESENTED BY THE MANAGING
DIRECTOR
3 THE ADMINISTRATOR,
KERALA STATE CO-OPERATIVE AGRICULTURAL AND RURAL DEVELOPMENT
BANK LTD.NO.T-4017, AGRICULTURAL DEVELOPMENT BANK BUILDING,
STATUE JUNCTION, THIRUVANANTHAPURAM-695 001
ADDL.R4: SOLOMON ALEX
ALEX COTTAGE, VAZHUTHOOR, NETTATTINKARA P.O.,
THIRUVANANTHAPURAM - 695121.
[ADDL.R4 IS IMPLEADED AS PER ORDER DATED 13.10.2021 IN IA
1/2021 IN WPC NO. 21049/2021]
BY ADVS.
SHRI.N.MANOJ KUMAR, STATE ATTORNEY
M.A.ASIF
M.SASINDRAN
SRI.P.P.THAJUDHEEN, SPL. GOVT. PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
27.01.2022, ALONG WITH WP(C).25555/2021, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
SATHISH NINAN, J.
= = = = = = = = = = = = = = = = = =
W. P. (C) Nos.21049 and 25555 of 2021
= = = = = = = = = = = = = = = = = =
Dated this the 27th day of January, 2022
J U D G M E N T
In the light of the judgment dated 27.01.2022 in WP(C) No.5/2022, the issues raised in the writ petitions do not survive for consideration. Writ petitions are accordingly dismissed.
Sd/-
SATHISH NINAN JUDGE kns/-
//True Copy// P.S. to Judge APPENDIX OF WP(C) 21049/2021 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE NOTICE NO.G1/AGB/61ST/202-21 DATED 06.09.2021 ISSUED BY THE 2ND RESPONDENT Exhibit P2 TRUE COPY OF THE NOTICE NO.G1/AGB/61ST/202-21 DATED 24.09.2021 ISSUED BY THE 2ND RESPONDENT ALONG WITH ENCLOSURES Exhibit P3 TRUE COPY OF THE COMMUNICATION/ ORDER NO.CL.T(3)/6521/21 DATED 24.09.2021 ISSUED FROM THE OFFICE OF THE 1ST RESPONDENT Exhibit P4 TRUE COPY OF THE RELEVANT PORTION OF THE BYELAWS OF THE 2ND RESPONDENT BANK Exhibit P5 TRUE COPY OF THE GOVERNMENT ORDER BEARING G.O(RT) NO.511/2021/CO-OP DATED 25.08.2021 Exhibit P6 TRUE COPY OF THE INTERIM ORDER IN WPC NO.20383/2021 DATED 29.09.2021 PASSED BY THIS HON'BLE COURT Exhibit P7 TRUE COPY OF THE REQUEST GIVEN BY THE PETITIONERS DATED 30.09.2021, WHICH IS DULY ACKNOWLEDGED BY THE MANAGING DIRECTOR- ADDITIONAL REGISTRAR Exhibit P8 TRUE COPY OF THE ORDER NO.C.L.T.(3) 6260/2021 DATED 30.09.2021 PASSED BY THE REGISTRAR OF CO-OPERATIVE SOCIETIES Exhibit P9 TRUE COPY OF THE MINUTES BOOK WHICH CONTAIN THE SIGNATURE OF THE PETITIONERS, EXCEPT THE 15TH PETITIONER.
Exhibit P10 TRUE COPY OF THE REQUEST GIVEN BY THE PETITIONERS EXCEPT THE 15TH PETITIONER AND DULY ACKNOWLEDGED BY THE GENERAL MANAGER IN CHARGE.
Exhibit P11 TRUE COPY OF THE GOVERNMENT ORDER BEARING GO(P)NO149/2021/CO-OP DATED 4.10.2021 AND PUBLISHED IN THE KERALA GAZETTE ON 6.10.2021 APPENDIX-WP(C) 21049/2021 -2- Exhibit P12 TRUE COPY OF THE REPORT BEARING FILE NO 331625/2021/FAIRCOPY RCS COOP DATED 30.9.2021 OF THE ADDITIONAL REGISTRAR GENERAL/OBSERVER Exhibit P13 TRUE COPY OF THE RESIGNATION LETTER TENDERED BY THE ELECTED PRESIDENT OF THE MANAGING COMMITTEE SRI SOLOMON ALEX DATED 30.9.2021
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APPENDIX OF WP(C) 25555/2021 PETITIONER EXHIBITS Exhibit P1 TRUE PHOTOCOPY OF THE NOTICE OF THE 61ST ANNUAL GENERAL BODY MEETING OF THE 2ND RESPONDENT BEARING NO.G1/AGB/61ST/2020-21 DATED 06.09.2021.
Exhibit P2 TRUE PHOTOCOPY OF THE NOTICE BEARING NO.G1/AGB/61ST/2020-21 DATED 24.09.2021.
Exhibit P3 TRUE PHOTOCOPY OF THE 61ST MINUTES OF THE GENERAL BODY MEETING OF THE 2ND RESPONDENT HELD ON 30.09.2021.
Exhibit P4 TRUE PHOTOCOPY OF THE NOTICE DATED 30.10.2021.
Exhibit P5 TRUE PHOTOCOPY OF THE NO-CONFIDENCE RESOLUTION DATED 30.10.2021 SUBMITTED BY THE PETITIONER AND ANOTHER.
Exhibit P6 TRUE PHOTOCOPY OF THE RELEVANT EXTRACT OF THE BYELAWS OF THE 2ND RESPONDENT.
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