Kerala High Court
The Thiruvalla East Co-Operative Bank ... vs Joint Registrar Of Co-Operative ... on 2 November, 2021
Author: Devan Ramachandran
Bench: Devan Ramachandran
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
TUESDAY, THE 2ND DAY OF NOVEMBER 2021 / 11TH KARTHIKA, 1943
WP(C) NO. 18244 OF 2020
PETITIONER:
THE THIRUVALLA EAST CO-OPERATIVE BANK LTD.NO.3260
ERAVIPEROOR, THIRUVALLA, PATHANAMTHITTA DISTRICT,PIN
CODE-689 542,REPRESENTED BY ITS GENERAL MANAGER-IN-
CHARGE
BY ADV SMT.NISHA GEORGE
RESPONDENTS:
1 JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES (GENERAL)
3RD FLOOR, MINI CIVIL STATION, KOZHENCHERRY,
PATHANAMTHITTA-689 645
2 VIDYADHARAN NAIR,
AMBALATH HOUSE, EDAPAVOOR P.O.,
AYIROOR, PATHANAMTHITTA DISTRCT-689 614
BY ADVS.
GOVERNMENT PLEADER
N.ANAND
OTHER PRESENT:
SMT. SURYA BINOY SR. GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
02.11.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 18244 OF 2020
2
JUDGMENT
The petitioner Society challenges Ext.P2 order issued by the Joint Registrar of Co-operative Societies (General), extending the period to acquire the enhanced share value of Rs.50/- from Rs.25/-, as having been issued without competence.
2. However, even though there are various allegations, assertions and averments made and impelled in this writ petition, I am aware that in a connected matter, namely W.P.(C).No.18244 of 2020 and connected cases an order was issued on 28/09/2021, recording the submission made on behalf of the petitioner by their learned Senior Counsel - Sri.George Poonthottam, that elections can be called and conducted to the society, including all the members who hold the minimum value of shares of Rs.25/- each.
3. The afore arrangement was made so as to facilitate the conduct of elections; and obviously, therefore, nothing survives in this writ petition, because it is only after the said elections are completed and the new Managing WP(C) NO. 18244 OF 2020 3 Committee come into its office, can the period, within which the enhanced share value is to be required, can be fixed in terms of the Kerala Co-operative Societies Act and Rules.
In the afore circumstances, without entering into the merits of the rival contentions of the parties, I close this writ petition without any further orders, also adverting specifically to the order of this court dated 24/08/2021 in W.P.(C).No.18244 of 2020.
Sd/-
DEVAN RAMACHANDRAN JUDGE ANB WP(C) NO. 18244 OF 2020 4 APPENDIX OF WP(C) 18244/2020 PETITIONER EXHIBITS EXHIBIT P1 TRUE COPY OF THE REGISTRATION CERTIFICATE OF THE AMENDMENT OF THE BYELAWS DATED 09.03.2020 ALONG WITH COVERING LETTER BEARING NO.O.5034/2019/K.DIS DATED 09.03.2020 ISSUED BY THE JOINT REGISTRAR oF CO- OPERATIVE SOCIETIES EXHIBIT P2 TRUE COPY OF THE ORDER NO.C.R.B 2101/2020/K.DIS DATED 27.07.2020 ISSUED BY THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES