Kottayam Co-Operative Housing Society Ltd. v. The Joint Registrar Co-Operative Societies (General), Kottayam

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE V.CHITAMBARESH THURSDAY, THE 5TH DAY OF MARCH 2015/14TH PHALGUNA, 1936 -------------------------------------- PETITIONER:

-------------------------- KOTTAYAM CO-OPERATIVE HOUSING SOCIETY LTD. NO K. 348, REGD. OFFICE M.D.C. CENTRE, KOTTAYAM 696001 REPRESENTED BY ITS PRESIDENT BY ADV. SRI.GEORGE ZACHARIAH ERUTHICKEL RESPONDENTS:

---------------------------- 1.

THE JOINT REGISTRAR CO-OPERATIVE SOCIETIES (GENERAL), KOTTAYAM 686001 * ADDL. R2 IS IMPLEADED 2.

THE STATE OF KERALA REPRESENTED BY THE SECRETARY TO GOVERNMENT CO-OPERATIVE DEPARTMENT SECRETARIAT, THIRUVANANTHAPURAM - 695 001 * ADDL. R2 IS SUO MOTU IMPLEADED AS PER THE JUDGMENT DATED 05.03.2015 IN W.P.(C). NO. 27547 OF 2013 BY GOVERNMENT PLEADER SRI. GIKKU JACOB THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 05-03-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

------------------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- EXHIBIT P1 TRUE COPY OF THE REQUEST, WHICH INTER- ALIA REVEALS THE CONFESSION MADE BY THE TEMPORARY EMPLOYEE, AT WHOSE INSTANCE THE MALPRACTICES WERE COMMITTED EXHIBIT P2 TRUE COPY OF THE REQUEST DATED 02-02-2011 SUBMITTED BY THE PRESIDENT OF THE PETITIONER SOCIETY TO THE ASSISTANT REGISTRAR, KOTTAYAM EXHIBIT P3 TRUE COPY OF THE LAWYERS NOTICE DATED 08-01-2011 CAUSED TO BE SENT TO THE GENERAL MANAGER, THIRUNAKKARA BRANCH MANAGER OF KOTTAYAM CO- OP.

EXHIBIT P13 TRUE COPY OF THE LETTER ISSUED BY A MEMBER OF THE PETITIONER SOCIETY EXHIBIT P13(A) TRUE COPY OF THE LETTER ISSUED BY A MEMBER OF THE PETITIONER SOCIETY EXHIBIT P13(B) TRUE COPY OF THE LETTER ISSUED BY A MEMBER OF THE PETITIONER SOCIETY RESPONDENT(S)' EXHIBITS:- NIL --------------------------------------- /TRUE COPY/ P.A. TO JUDGE

V. CHITAMBARESH, J --------------------------------------- W.P.(C). NO. 27547 OF 2013 ---------------------------------------- Dated this the 5th day of March, 2015

JUDGMENT

It is conceded that the petitioner has already invoked the statutory remedy against Ext. P12 order of supersession. An appeal has been filed to the Government under Section 83(1)(j) of the Kerala Co-operative Societies Act, 1969.

2.

The State of Kerala represented by the Secretary to Government, Co-operative Department is suo motu impleaded as the additional second respondent. The additional second respondent is directed to dispose of the appeal filed against Ext.P12 order within a period of three months.

3.

The part-time administrator has reportedly not assumed duty pursuant to Ext. P12 order of supersession. The status quo shall therefore continue till the appeal

W.P.(C). NO. 27547 OF 2013 2 against Ext. P12 order is disposed of by the additional second respondent as directed.

The writ petition is disposed of.

V. CHITAMBARESH JUDGE