Telson Thomas v. The Joint Registrar Of Co-Operative Societies, Kottayam

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE MONDAY, THE 12TH DAY OF OCTOBER 2015/20TH ASWINA, 1937 WP(C).No. 24600 of 2015 (Y) ---------------------------- PETITIONER(S):

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1. TELSON THOMAS, PALATH HOUSE, PALLIPURATHUSSERI P.O, VAIKOM, KOTTAYAM.

2. CIRIL JOSEPH, PUTHENPURAYIL, PALLIPURATHUSSERI P.O, VAIKOM, KOTTAYAM.

BY ADV. SRI.P.N.MOHANAN.

RESPONDENT(S):

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

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

R1 BY SR. GOVT. PLEADER SRI.MUHAMMED SHAFI.

R2 BY ADVS. SRI.V.G.ARUN, SRI.T.R.HARIKUMAR.

THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 12-10-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

rs.

WP(C).No. 24600 of 2015 (Y) APPENDIX PETITIONER'S EXHIBITS:- EXHIBIT P1. COPY OF THE MONEY ORDER SEND TO THE BANK ALONG WITH MESSAGE AND POSTAL RECEIPTS ISSUED BY THE P&T DEPARTMENT.

EXHIBIT P2. COPY OF THE MONEY ORDER SEND TO THE BANK ALONG WITH MESSAGE AND POSTAL RECEIPTS ISSUED BY THE P&T DEPARTMENT.

EXHIBIT P3. COPY OF THE DETAILS OF THE MEMBERS REMITTED THE AMOUNT BY WAY OF MONEY ORDER.

EXHIBIT P4. COPY OF THE PETITION DATED 21.07.2015 FILED BY THE PETITIONERS WITH TRANSLATION.

EXHIBIT P5. COPY OF THE LETTER DATED 29.06.2015 OF THE PRESIDENT WITH TRANSLATION.

EXHIBIT P6.

COPY OF THE DETAILS OF THE PERSONS ENHANCED THE SHARE AMOUNT AFTER 31/08/2013.

RESPONDENT'S EXHIBITS:- EXT.R2A COPY OF THE NOTIFICATION PUBLISHED IN MALAYALA MANORAMA DAILY DATED 24/02/2013 ALONG WITH ENGLISH TRANSLATION.

//TRUE COPY// P.S. TO JUDGE rs.

A.M.SHAFFIQUE, J * * * * * * * * * * * * W.P.C.No.24600 of 2015 ---------------------------------------- Dated this the 12th day of October 2015

J U D G M E N T

This writ petition is filed seeking for a direction to the 1st respondent, Joint Registrar of Co-operative Societies to consider Ext.P4 representation.

2.

The facts involved in the writ petition would disclose that the petitioner had sent the enhanced share amount to the society by way of money order which was received by the society after the specified period. According to the petitioner, in similar circumstances, society had already received the said amount and had given the requisite shares. In regard to the petitioners, same view had not been taken. Pointing out these facts, representation at Ext.P4 had been submitted to the 2nd respondent. Having regard to the nature of contentions urged in the writ petition and after hearing the learned counsel for the petitioners and the learned Government Pleader, I am of the view that the writ petition can be disposed directing disposal of Ext.P4.

In the result, this writ petition is disposed of with a direction to the 1st respondent to consider Ext.P4 and pass appropriate orders within a period of two months.

(sd/-) (A.M.SHAFFIQUE, JUDGE) jsr