Kulasekharapuram Service Co Operative Bank v. Join Registrar Of Co Operative Societies (G)

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE DAMA SESHADRI NAIDU TUESDAY, THE 28TH DAY OF JULY 2015/6TH SRAVANA, 1937 WP(C).No. 13086 of 2015 (I) PETITIONER : - ---------------------- KULASEKHARAPURAM SERVICE CO OPERATIVE BANK, LTD NO 995, REPRESENTED BY SECRETARY, P.O KATTILKADAVU 690 542, KARUNAGAPPILLY, KOLLAM.

BY ADV. SRI.P.N.MOHANAN RESPONDENTS :- -------------------------

1. JOINT REGISTRAR OF CO OPERATIVE SOCIETIES (G), KOLLAM-690 001.

2. PREM KRISHNAN, KOMACHINETHU HOUSE, ADINADU NORTH, ADINADU NORTH P.O., KARUNAGAPPALLY, KOLLAM 690 542 R2 BY ADV. SRI.M.R.SASITH R1 BY GOVERNMENT PLEADER SRI. RAMPRASAD UNNI THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 28-07-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).No. 13086 of 2015 (I) APPENDIX PETITIONER'S EXHIBITS : - ------------------------------------- EXHBIIT P-1 : TRUE COPY OF THE NOTIFICATION PUBLISHED IN KERALA KOUMUDI DAILY DATED 3-1-2015.

EXHBIIT P2 : TRUE COPY OF THE NOTIFICATION PUBLISHED IN VEEKSHANAM DAILY DATED 2-1-2015.

EXHBITIP-3 : TRUE COPY OF THE ORDER DATED 9-4-2015 OF THE JOINT REGISTRAR.

RESPONDENTS' EXHIBITS : - NIL.

// TRUE COPY // P.A. TO JUDGE DMR/-

DAMA SESHADRI NAIDU, J.

W.P.(c) No. 13086 of 2015 ---------------------------------------- Dated this the 28th day of July, 2015

JUDGMENT

The petitioner Bank issued Exhibits P1 and P2 notifications inviting applications for the post of Peon. When the selection process, pursuant to Exhibits P1 and P2 notifications, was well under way, the first respondent issued Exhibit P3 order staying all further proceedings pursuant to Exhibits P1 and P2 notifications. Aggrieved, assailing Exhibit P3 order, the petitioner Bank has approached this Court.

2. The learned counsel for the petitioner has submitted that Exhibit P3 is only a preliminary order staying further proceedings pursuant to Exhibits P1 and P2 notifications. According to him, the first respondent is required to pass final orders after affording an opportunity of hearing to the petitioner Bank and other affected persons, if any. He has also submitted that once final orders are passed by the first respondent, the petitioner Bank may seek appropriate

W.P.(c) No. 13086 of 2015 remedial measures concerning the orders to be passed, if at all they are adverse to the interest of the petitioner Bank. In the facts and circumstances, having regard to the submissions made by the learned counsel for the petitioner and the learned counsel for the respondents, this Court disposes of the writ petition without interfering with Exhibit P3 order, yet by directing the first respondent to pass final orders in furtherance of Exhibit P3 preliminary order, after affording an opportunity of hearing to the petitioner Bank, as well as any other affected persons, including the second respondent, as expeditiously as possible, at any rate, within a period of one month from the date of receipt of a copy of this judgment.

With the above observation, this writ petition is disposed of. No order as to costs.

DAMA SESHADRI NAIDU JUDGE DMR/-