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Kerala High Court

Beena K vs The Arur Service Co-Operative Bank Ltd ... on 8 September, 2021

Author: Amit Rawal

Bench: Amit Rawal

              IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                 PRESENT
               THE HONOURABLE MR. JUSTICE AMIT RAWAL
 WEDNESDAY, THE 8TH DAY OF SEPTEMBER 2021 / 17TH BHADRA, 1943
                      WP(C) NO. 13728 OF 2021
PETITIONER:

           BEENA K
           AGED 49 YEARS
           PADINJAREMUTHUVAT HOUSE, PURAMERI, VADAKARA,
           KOZHIKODE.

             BY ADVS.
             P.P.JACOB
             MARIYAM JACOB
             MARIYA TITTY



RESPONDENTS:

     1       THE ARUR SERVICE CO-OPERATIVE BANK LTD NO.2745
             ARUR P.O., (VIA) KAKKATTIL, KOZHIKODE-673507,
             REPRESENTED BY ITS SECRETARY.

     2       THE ASSISTANT REGISTRAR OF CO-OPERATIVE
             SOCIETIES (G),
             VADAKARA, KOZHIKODE, PIN-673101.

     3       THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES (G),
             KOZHIKODE, OFFICE OF THE JOINT REGISTRAR OF CO-
             OPERATIVE SOCIETIES, PUTHIYARA, KOZHIKODE-673004.

     4       THE STATE OF KERALA
             REPRESENTED BY ITS SECRETARY TO GOVERNMENT,
             CO-OPERATIVE (C) DEPARTMENT, SECRETARIAT,
             THIRUVANANTHAPURAM-695001.

             BY ADV SOUMIYA C.D




      THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON   08.09.2021,   THE   COURT    ON   THE   SAME   DAY   DELIVERED   THE
FOLLOWING:
 WP(C) NO. 13728 OF 2021
                                     -2-




                                 JUDGMENT

Impugned order Ext.P9 is passed by the Joint Registrar of Co-operative Societies regarding the promotion of the petitioner. Petitioner has an efficacious remedy under Section 69(2)(d) of the Co- operative Societies Act. This Court would not in such circumstances interfere under the power of judicial review for examining the veracity of the order. Petitioner is relegated to challenge the order in the competent court. The interim order granted by this Court dated 09.07.2021 shall continue for a period of 45 days within which time the petitioner could avail the alternative remedy. Thereafter petitioner shall be at liberty to apply for fresh orders, in accordance with law.

Sd/-

AMIT RAWAL JUDGE hmh WP(C) NO. 13728 OF 2021 -3- APPENDIX OF WP(C) 13728/2021 PETITIONER EXHIBITS Exhibit P1 TRUE PHOTOCOPY OF THE RESOLUTION NO.21 DATED 17.2.18 OF THE FIRST RESPONDENT. Exhibit P2 TRUE PHOTOCOPY OF THE LETTER ISSUED BY THE FIRST RESPONDENT TO THE SECOND RESPONDENT DATED 15.10.18.

Exhibit P3 TRUE PHOTOCOPY OF THE ORDER ISSUED BY THE GOVERNMENT DATED 15.7.15. Exhibit P4 TRUE PHOTOCOPY OF THE LETTER ISSUED BY THE SECOND RESPONDENT TO THE FIRST RESPONDENT DATED 18.11.2020. Exhibit P5 TRUE PHOTOCOPY OF THE LETTER ISSUED BY THE PRESIDENT OF THE FIRST RESPONDENT DATED 1.12.2020.

Exhibit P6 TRUE PHOTOCOPY OF THE LETTER ISSUED BY THE THIRD RESPONDENT TO THE FIRST RESPONDENT DATED 18.2.2021.

Exhibit P7 TRUE PHOTOCOPY OF THE FEEDER CATEGORY RULES APPROVED AND REGISTERED BY THE THIRD RESPONDENT DATED 5.2.2018. Exhibit P8 TRUE PHOTOCOPY OF THE ORDER ISSUED BY THE GOVERNMENT DATED 18.5.20. Exhibit P9 TRUE PHOTOCOPY OF THE ORDER ISSUED BY THE THIRD RESPONDENT DATED 29.4.21.

RESPONDENT EXHIBITS           NIL