Paulson Joseph v. The Joint Registrar Of Co-Operative Societies (General), Kottayam

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE DAMA SESHADRI NAIDU TUESDAY, THE 30TH DAY OF JUNE 2015/9TH ASHADHA, 1937 WP(C).No. 19563 of 2015 (U) -------------------------------------------- PETITIONERS:

1. PAULSON JOSEPH, THE MANAGING COMMITTEE MEMBER, VAIKOM TALUK CO-OPERATIVE AGRICULTURAL & RURAL DEVELOPMENT BANK LTD NO.951, VAIKOM, KOTTAYAM DISTRICT-696 141.

2. ANNAMMA RAJU, THE MANAGING COMMITTEE MEMBER, VAIKOM TALUK CO-OPERATIVE AGRICULTURAL & RURAL DEVELOPMENT BANK LTD NO.951, VAIKOM, KOTTAYAM DISTRICT-696 141. BY ADV. SRI.P.N.MOHANAN RESPONDENTS:

1. THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES (GENERAL), KOTTAYAM-686 001.

2. VAIKOM TALUK CO-OPERATIVE AGRICULTURAL & RURAL DEVELOPMENT BANK LTD NO.951, REP. BY ITS SECRETARY, VAIKOM, KOTTAYAM DISTRICT-696 141.

3. THE MANAGING COMMITTEE OF VAIKOM TALUK CO-OPERATIVE AGRICULTURAL & RURAL DEVELOPMENT BANK LTD NO.951, REP. BY ITS PRESIDENT VAIKOM, KOTTAYAM DISTRICT-696 141.

R1 BY GOVERNMENT PLEADER SRI.K.C.VINCENT THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 30-06-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

APPENDIX IN WPC 19563/2015 PETITIONER'S EXHIBITS:

EXT. P1 TRUE COPIES OF THE RECEIPTS ISSUED BY THE BANK TO THE PETITIONERS EXT. P2 A TRUE COPY OF THE LIST OF 1442 PERSONS WHO PAID THE SHARE VALUE AND ADMISSION FEE AS COUNTERSIGNED BY THE SECRETARY EXT. P3 A TRUE COPY THE RESOLUTION NO.1 DATED 5.5.2015 OF THE MANAGING COMMITTEE WITH TRANSLATION EXT. P4 A TRUE COPY OF THE PETITION SUBMITTED BEFORE THE JOINT REGISTRAR ON 15.6.2015 WITH TRANSLATION RESPONDENT'S EXHIBITS: NIL.

/TRUE COPY/ P.S. TO JUDGE

Dama Seshadri Naidu, J.

------------------------------------------- W.P.(C)No.19563 of 2015 U -------------------------------------------- Dated this the 30th day of June, 2015

JUDGMENT

Heard the learned counsel for the petitioners and the learned Government Pleader for the first respondent, apart from perusing the record. Since the issue lies in a narrow compass, this Court proposes to dispose of the writ petition at the admission stage itself.

2. Briefly stated, the petitioners, said to be the members of the Managing Committee of the second respondent Bank, have a grievance that the President and his followers are not supplying the membership forms to the residents of the area. In elaboration, the petitioners have also placed on record that 1442 applications submitted by various members before March 2015 along with the requisite membership fee have so far not been taken up for

WPC 19563/15 consideration. In that context, the petitioners are said to have submitted Exhibit P4 representation before the first respondent, who is yet to consider it. Seeking expeditious consideration of Exhibit P4, the petitioners have approached this Court.

3. When the learned counsel for the petitioners has contended that there is no justification for the first respondent to tarry on Exhibit P4, the learned Government Pleader, on his part, has submitted that the first respondent will make every endeavour to consider Exhibit P4 expeditiously.

In the facts and circumstances, having regard to the respective submissions of the learned counsel for the petitioners and the learned Government Pleader, this Court, without averting to the merits of the matter, disposes of the writ petition with a direction to the first respondent to consider Exhibit P4 representation of the petitioners, in

WPC 19563/15 accordance with law, and pass appropriate orders thereon, as expeditiously as possible, at any rate, within a period of three weeks from the date of receipt of a copy of this judgment.

Dama Seshadri Naidu, Judge tkv