Abdul Jaleel Thirumangalath v. The Joint Registrar Of Co-Operative Societies (General) Kannur

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE V.CHITAMBARESH MONDAY, THE 12TH DAY OF JANUARY 2015/22ND POUSHA, 1936 WP(C).No. 11022 of 2014 (C) -------------------------------------- PETITIONER:

-------------------------- ABDUL JALEEL THIRUMANGALATH, S/O HAMEED, JALEEL MANZIL, ADOOR KADACHIRA P.O, 670621, KANNUR DISTRICT BY ADVS.SRI.M.SASINDRAN SRI.V.VENUGOPAL RESPONDENTS:

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1. THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES (GENERAL) KANNUR 670001

2. THE KADACHIRA SERVICE CO-OPERATIVE BANK LTD NO 1597, KADACHIRA P.O, 670621, KANNUR DISTRICT REPRESENTED BY ITS SECRETARY

3. THE BOARD OF DIRECTORS OF KADACHIRA SERVICE CO-OPERATIVE BANK LTD NO1597, KADACHIRA P.O, 670621, REPRESENTED BY ITS PRESIDENT R2 & R3 BY ADV. SRI.CIBI THOMAS R1 BY GOVERNMENT PLEADER SRI. T.R. RAJESH THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 12-01-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).No. 11022 of 2014 (C) -------------------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- EXHIBIT P1 A TRUE COPY OF THE ELECTION NOTIFICATION DATED 24-12-2013 EXHIBIT P2 A TRUE COPY OF THE ORDER REJECTING NOMINATION OF THE PETITIONER EXHIBIT P3 A TRUE COPY OF THE NEWSPAPER EXTRACT RECEIVED BY THE PETIITONER UNDER THE RIGHT TO INFORMATION ACT FROM THE OFFICE OF THE FIRST RESPONDENT EXHIBIT P4 A TRUE COPY OF THE RELEVANT EXTRACT OF THE BYE LAWS RECEIVED BY THE PETITIONER UNDER RIGHT TO INFORMATION ACT FROM THE OFFICE IF THE FIRST RESPONDENT EXHIBIT P5 A TRUE COPY OF THE RELEVANT EXTRACT OF THE BYE LAWS PRODUCED AS ANNEXURE III IN WPC 1748 OF 2014 EXHIBIT P6 A TRUE COPY OF THE ORDER OFTHE FIRST RESPONDENT REGISTERED THE AMENDMENT OF BYE LAWS OF THE 2ND RESPONDENT SOCIETY RESPONDENT(S)' EXHIBITS:- NIL --------------------------------------- /TRUE COPY/ P.A. TO JUDGE

V. CHITAMBARESH, J --------------------------------------- W.P.(C). NO. 11022 OF 2014 ---------------------------------------- Dated this the 12th day of January, 2015

JUDGMENT

Exts. P4 and P5 are only truncated copies of the bye-laws. The petitioner is aggrieved by the registration granted to the amended bye-laws. Particularly Clause 14(g) of the amended bye-laws is impugned.

2.

The order impugned is very much appealable under Section 83(1)(j) of the Kerala Co-operative Societies Act, 1969. Whether there was proper publication of the notice of the meetings wherein the amendment to the bye-laws were mooted can be considered in appeal. I decline jurisdiction when the petitioner has an effective alternate statutory remedy to challenge the procedure adopted in registering the amended bye-laws.

The writ petition is dismissed without prejudice to the right of the petitioner as above.

V. CHITAMBARESH JUDGE