Kerala High Court
N.Viswanathan Nair vs The Unit Inspector on 20 December, 2022
Author: T.R.Ravi
Bench: T.R.Ravi
WP(C) No.655/2021 1/4
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE T.R.RAVI
Tuesday, the 20th day of December 2022 / 29th Agrahayana, 1944
WP(C) NO. 655 OF 2021(F)
PETITIONERS:
1. N.VISWANATHAN NAIR, SHISHIRAM, MUDAPURAM P.O, CHIRIYANKEEZH,
THIRUVANANTHAPURAM 695 314
2. J. SASI, PUTHENVEEDU, KUNTHALLUR, CHIRIYANKEEZH, THIRUVANANTHAPURAM
695 304
3. ANI S, AMBARAMBILVEEDU, KUNTHALLUR, CHIRIYANKEEZH,
THIRUVANANTHAPURAM 695 304
4. SATHI S, SATHIMANDIRAM, PURAVUR, KUNTHALLUR, CHIRIYANKEEZH,
THIRUVANANTHAPURAM 695 304
5. S. BIJUKUMAR, M.V HOUSE, MUDAPURAM P.O, CHIRIYANKEEZH,
THIRUVANANTHAPURAM 695 314
6. SUDEVAN N,KUNNATHKAADVEEDU, MUDAPURAM P.O, CHIRIYANKEEZH,
THIRUVANANTHAPURAM 695 314
7. USHAKUMARI,KOTTARATHILVEEDU, MUDAPURAM P.O, CHIRIYANKEEZH,
THIRUVANANTHAPURAM 695 314
8. REKHA V.R, VILAYILVEEDU, KURAKKADA P.O, THIRUVANANTHAPURAM 695 104
9. SALIM M, POOMANGALAMVEEDU, PARAYATHUKONAM P.O, KIZHUVILAM,
THIRUVATHAPURAM 695 104
10. A CHANDRASEKHARAN NAIR, CHINIVILAPUTHANVEEDU, KADUVAYIL, KIZHUVILA,
THIRUVANANTHAPURAM 695 104
11. THAHA A.R, MANALUVILA, MUDAPURAM, CHIRIYANKEEZH, THIRUVANANTHAPURAM
695 314
12. JAYANTHI S.R, KARTHIKA BHAVAN, KADUVAYIL, ATTINGAL,
THIRUVANANTHAPURAM 695 101
RESPONDENTS:
1. THE UNIT INSPECTOR, ATTINGAL, OFFICE OF THE ASSISTANT REGISTRAR OF
CO-OPERATIVE SOCIETIES (GENERAL) CHIRAYINKEEZH, THIRUVANANTHAPURAM
PIN 695 604
2. THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES (GENERAL)
THIRUVANANTHAPURAM PIN 695 001
3. THE REGISTRAR OF CO-OPERATIVE SOCIETIES, THIRUVANANTHAPURAM PIN 695
001
4. THE KIZHUVILAM SERVICE CO-OPERATIVE BANK LTD NO. 2405 REPRESENTED BY
ITS SECRETARY, MUDAPURAM P.O, CHIRAYINKEEZH, THIRUVANANTHAPURAM
DISTRICT 695 304
5. P. AZEEZ, MASSTANVILLA VEEDU, MUDAPURAM P.O, CHIRAYINKEEZHU,
THIRUVANANTHAPURAM 695 304
6. ALEN S (MEMBERSHIP NO. 12859) AGED 39 YEARS S/O. SAHADEVAN,
KOCHUVEEDU, KOONTHALOOR, MUDAPURAM P.O, CHIRAYINKEEZH,
THIRUVANANTHAPURAM 695 304
WP(C) No.655/2021 2/4
Writ petition (civil) praying inter alia that in the circumstances
stated in the affidavit filed along with the WP(C) the High Court be
pleased to stay the operation of Ext.P32 order and all further proceedings
pursuant to it, pending disposal of the writ petition (civil).
This petition again coming on for orders upon perusing the petition and
the affidavit filed in support of WP(C) and this Court's order dated 01.12.2022
and upon hearing the arguments of M/S.T.R.HARIKUMAR & ARJUN RAGHAVAN, Advocates
for the petitioners, GOVERNMENT PLEADER for the respondents 1 to 3,
SRI.C.P.SABARI, Advocate for the R4 and of SRI. N.NANDAKUMARA MENON SENIOR
ADVOCATE along with M/S.P.K.MANOJ KUMAR, SMITHA S.PILLAI, ALICE THOMAS &
M.C.SINCY ADVOCATES for the R5 & R6, the court passed the following:
WP(C) No.655/2021 3/4
T.R.RAVI, J.
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WP(C) No.655 of 2021
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Dated this the 20th day of December, 2022
ORDER
A memo has been filed by the Senior Government Pleader producing along with an order which is not seen dated, but bears a date at the signature portion as 30.05.2017. The order is stated to be an order whereby the period for submission of the report under Section 66 was extended by ratification. It is seen that all earlier orders which were issued for extending the periods bear a date. It is also seen that Ext.P5 show-cause notice which refers to the orders whereby the period was extended does not refer to the document dated 30.05.2017. The absence of mention in Ext.P5 creates suspicion as to the origin of the document which is now produced as a document dated 30.05.2017.
Government Pleader to place on record contemporaneous documents in support of the existence of the document said to have been signed on 30.05.2017 and also give names of the persons who were Joint Registrars between 03.11.2016 and 08.12.2017.
Interim order is extended till the next posting date. Treat this matter as part heard.
Post on 06.01.2023.
H/o Sd/-
sn T.R.RAVI, JUDGE
20-12-2022 /True Copy/ Assistant Registrar
WP(C) No.655/2021 4/4
APPENDIX OF WP(C) 655/2021
EXHIBIT P5 A TRUE COPY OF THE NOTICE NO. CRP(2) 11448/2015 DATED
08-12-2017 ISSUED BY THE 2ND RESPONDENT
20-12-2022 /True Copy/ Assistant Registrar