Joshy Michel v. The Registrar Of Co-Op.Society

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN THURSDAY, THE 28TH DAY OF MAY 2015/7TH JYAISHTA, 1937 WP(C).No. 22823 of 2006 (P) ---------------------------- PETITIONER(S):

-------------------------- JOSHY MICHEL S/O. MICHEL, RESIDING AT VATTAKUNNEL HOUSE UPPUTHODU P.O., IDUKKI DISTRICT, NOW WORKING AS ACCOUNTANT/JUNIOR SUPERVISOR, DEVIKULAM TALUK CO-OPERATIVE AGRICULTURAL AND RURAL DEVELOPMENT BANK LIMITED, ADIMALY P.O., IDUKKI DISTRICT BY ADV. SRI.GEORGE POONTHOTTAM RESPONDENT(S):

----------------------------

1. THE REGISTRAR OF CO-OP.SOCIETY KERALA, OFFICE OF THE REGISTRAR OF CO-OPERATIVE SOCIETY, SECRETARIAT, THIRUVANANTHAPURAM.

2. THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETY (GENERAL) IDUKKI, OFFICE OF THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETY, PINAVU P.O. IDUKKI.

3. THE DEVIKULAM TALUK CO-OPERATIVES AND RURAL DEVELOPMENT BANK LIMITED, REPRESENTED BY ITS SECRETARY, ADIMALY P.O., IDUKKI.

4. K.M.PRAKASAN, SUPERVISOR, THE DEVIKULAM TALUK AGRICULTURAL AND RURAL DEVELOPMENT BANK LTD., ADIMALI P.O.

IDUKKI DISTRICT.

R3 BY ADV. SRI.C.K.VIDYASAGAR R1 & R2 BY SRI SOJAN JAMES, SENIOR GOVERNMENT PLEADER THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 28-05-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C) NO.22823/2006 APPENDIX PETITIONER'S EXHIBITS:

P1 :

COPY OF THE ORDER DATED 30.11.1996 OF THE 2ND RESPONDENT JOINT REGISTRAR P2 :

COPY OF the ORDER DATED 28.04.2000 ISSUED BY THE 2ND RESPONDENT JOINT REGISTRAR TO THE 3RD RESPONDENT BANK P3 :

COPY OF THE JUDGMENT DATED 03.09.2003 IN WPC NO.28457/2003 P4 :

COPY OF THE ORDER NO.CRB 3872/2003 DATED 19.12.2003 P5 :

COPY OF THE REQUEST DATED 16.09.2004 FILED BY THE PETITIONER BEFORE THE 3RD RESPONDENT BANK.

RESPONDENTS' EXHIBITS: N I L //TRUE COPY// P.A. TO JUDGE

ANIL K. NARENDRAN, J.

------------------------------- W.P.(C) No.22823 of 2006 ---------------------------------------------- Dated this the 28th day of May, 2015

JUDGMENT

This writ petition has been filed by the petitioner, who was working as Accountant/Junior Supervisor in Devikulam Taluk Cooperative Agricultural and Rural Development Bank Limited seeking a writ of mandamus commanding the respondent Bank to fix the seniority and all the consequential benefits on the basis of Ext.P1 order dated 30.11.1996 of the Joint Registrar of Cooperative Society (General), Idukki, the 2nd respondent herein.

2. Today, when the case was taken up for final hearing, the learned counsel for the petitioner submits that the petitioner is no more and that he could not succeed on his attempt to contact the legal heirs of the petitioner. Therefore, the learned counsel for the petitioner submits that the writ petition may be closed without prejudice to the right of the legal heirs of the petitioner to agitate the issue.

Recording the abovesaid submission made by the learned counsel for the petitioner, this writ petition is closed without

W.P.(C) No.22823/2006 prejudice to the right of the legal heirs of the petitioner as aforesaid.

SD/- ANIL K. NARENDRAN, JUDGE