N.B.Unnikrishnan v. The Erumeli Service Cooperative Bank Ltd.

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN TUESDAY, THE 29TH DAY OF SEPTEMBER 2015/7TH ASWINA, 1937 WP(C).No. 18438 of 2014 (D) ---------------------------- PETITIONER(S):

-------------------------- N.B.UNNIKRISHNAN AGED 54 YEARS S/O. LATE BHASKARAPILLAI, NALLUMAVUMKAL, ERUMELI P.O. KOTTAYAM DISTRICT.

BY ADVS.SRI.NOBLE MATHEW SRI.GEORGE SEBASTIAN RESPONDENT(S):

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

1. THE ERUMELI SERVICE COOPERATIVE BANK LTD.

ERUMELI, KOTTAYAM DISTRICT - 686509, REP.BY ITS SECRETARY.

2. THE KERALA STATE CO-OPERATIVE ELECTION COMMISSION REPRESENTED BY ITS CHIEF ELECTORAL OFFICER THIRUVANANTHAPURAM - 695001.

3. THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES(GENERAL) COLLECTORATE P.O., KOTTAYAM - 686001.

4. THE ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES(GENERAL) KANJIRAPPALLY - 686507.

5. THE INSPECTOR OF CO-OPERATIVE SOCIETIES KANJIRAPPALLY UNIT - 686507.

6. THE INSPECTOR OF CO-OPERATIVE SOCIETIES PONKUNNAM UNIT - 686506

7. P.H.HABEEB PARAPALLIL HOUSE, KARUVAMUZHI P.O., KOTTAYAM DISTRICT - 686509.

8. JOSE KADAKKUZHA KADAKKUZHA HOUSE, KURUVAMUZHI P.O., KOTTAYAM DISTRICT-686509.

9. P.K.GOPALAN KOCHUVEETTIL HOUSE, IRUMPINIKKARA, KANNIMALA P.O. KOTTAYAM DISTRICT-686509 R1 BY ADV. SRI.ISSAC M.PERUMPILLIL R1 BY ADV. SRI.JIJO PAUL KALLOOKKARAN R2-R6 BY SRI V.K.RAJEEK, GOVERNMENT PLEADER THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 29-09-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).No. 18438 of 2014 (D) ---------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- P1 :

COPY OF THE ELECTION NOTIFICATION DTD.1.7.2014 ISSUED BY THE 2ND RESPONDENT.

P2 :

COPY OF THE REPRESENTATION DTD.16.6.2014 FILED BY THE PETITIONER BEFORE THE 3RD RESPONDENT.

P3 :

COPY OF THE RECEIPT DTD.17.6.2014 ISSUED FROM THE OFFICE OF THE 3RD RESPONDENT.

P4 :

COPY OF THE NOTICE DTD.8.7.2014 ISSUED BY THE 6TH RESPONDENT. P5 :

COPY OF THE REPRESENTATION DTD.15.7.2014 ISSUED BY THE PETITIONER BEFORE THE 6TH RESPONDENT.

P6 :

COPY OF THE STATEMENT DTD.15.7.2014 GIVEN BY THE PETITIONER BEFORE THE 6TH RESPONDENT.

RESPONDENT(S)' EXHIBITS: N I L --------------------------------------- //TRUE COPY// P.A. TO JUDGE JV

ANIL K. NARENDRAN, J.

------------------------------- W.P.(C) No.18438 of 2014 ---------------------------------------------- Dated this the 29th day of September, 2015

JUDGMENT

The petitioner who is a member of the 1st respondent Cooperative Society has filed this writ petition seeking a writ of mandamus commanding respondents 2 to 6 to see that persons who are residing outside the area of operation of the 1st respondent are not permitted to vote and contest in the election scheduled to be held on 10.08.2014 as per Ext.P1 notification dated 01.07.2014.

2. Today, when the case was taken up for further consideration, the learned Standing Counsel appearing for the 1st respondent would submit that in terms of Ext.P1 notification election has already been held on 10.08.2014 and the new Managing Committee has also taken charge.

In such circumstances, no relief can be granted in this writ petition. The writ petition fails and the same is dismissed. SD/- ANIL K. NARENDRAN, JV JUDGE