High Court of KeralaWP(C)/30451/2009disposed of

Jayachandran.C And Another v. Joint Registrar Of Co-Op. Societies

2015-03-03Honourable Mr.Justice V.Chitambaresh4 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE V.CHITAMBARESH TUESDAY, THE 3RD DAY OF MARCH 2015/12TH PHALGUNA, 1936 WP(C).No. 30451 of 2009 (B) ---------------------------- PETITIONERS:

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1. JAYACHANDRAN.C., NADAYIL PADINJATTETHIL HOUSE, VADAKKEDATHUKAVU P.O., ADOOR, PATHANAMTHITTA DIST. 691 529.

2. D.C. VENUGOPAL, CHELIKKUZHY PUTHENVEEDU, PUTHUSSERI BHAGOM, VAYALA P.O., ADOOR.

BY ADV. SRI.UNNI. K.K. (EZHUMATTOOR) RESPONDENTS:

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1. JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES (GENERAL), PATHANAMTHITTA.

2. ASST. REGISTRAR OF CO-OPERATIVE SOCIETIES, OFFICE OF THE ASST. REGISTRAR, ADOOR.

3. THE ERATHU SERVICE CO-OPERATIVE BANK LTD., NO. 2781, CHOORAKODEL P.O., MANAKKALA, ADOOR, PATHANAMTHITTA DIST. 691 551. REPRESENTED BY SECRETARY.

4. THE MANAGING COMMITTEE, THE ERATHU SERVICE CO-OPERATIVE, BANK LTD., NO. 2781 CHOORAKODEL P.O., MANAKKALA, ADOOR, PATHANAMTHITTA DIST. 691 551.

REPRESENTED BY PRESIDENT.

R4 BY ADV. SRI.P.N.MOHANAN BY GOVERNMENT PLEADER SRI. GIKKU JACOB THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 03-03-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C) NO.30451/2009 APPENDIX PETITIONER(S) EXHIBITS EXHIBIT P1 :

TRUE COPIES OF THE NOTIFICATIONS DATED 15.10.2009 IN DEEPIKA AND MADHYAMAM DAILIES EXHIBIT P2 :

TRUE COPY OF THE CIRCULAR NO. 18/91 EXHIBIT P3 :

TRUE COPY OF THE CIRCULAR NO. 11/99 DATED 23.03.1999 EXHIBIT P4 :

TRUE COPY OF THE COMPLAINT DATED 20.10.2009 EXHIBIT P5 :

TRUE COPY OF THE COMPLAINT PREFERRED BEFORE THE 1ST RESPONDENT.

EXHIBIT P6 :

TRUE COPY OF THE DETAILS OF EMPLOYEES WORKING IN THE 3RD RESPONDENT SOCIETY.

EXHIBIT P7 :

TRUE COPY OF THE REPRESENTATION DATED 22.10.2009. EXHIBIT P8 :

TRUE COPY OF THE INFORMATION DATED 01.12.2009 GIVEN BY THE INFORMATION OFFICER, EXAMINATION BOARD EXHIBIT P9 :

TRUE COPY OF THE INFORMATION DATED 25.02.2010 GIVEN BY THE INFORMATION OFFICER, EXAMINATION BOARD.

EXHIBIT P10 :

TRUE COPIES OF THE FIRST 6 PAGES OF THE REPORT FOR THE ANNUAL GENERAL BOARD MEETING DATED 10.12.2011. EXHIBIT P11 :

TRUE COPY OF THE COMPLAINT DATED 04.01.2012 EXHIBIT P12 :

TRUE COPY OF THE NOTIFICATION PUBLISHED IN KERALA KAUMUDHI DAILY DATED 14.02.2015.

EXHIBIT P13 :

TRUE COPY OF THE COMPLAINT DATED 16.02.2015.

RESPONDENT(S) EXHIBITS EXHIBIT R4(a) A TRUE COPY OF THE CIRCULAR NO. 33/09 DATED 13.07.2009. EXHIBIT R4(b) A TRUE COPY OF THE RESOLUTION DATED 24.10.2009 OF THE MANAGING COMMITTEE.

EXHIBIT R4(c) A TRUE COPY OF THE MINUTES DATED 24.10.2009 EXHIBIT R4(d) A TRUE COPY OF THE POSTAL RECEIPT NO. 229.

WP(C) NO. 30451/2009 EXHIBIT R4(e) A TRUE COPY OF THE POSTAL RECEIPT NO. 229. EXHIBIT R4(f) A TRUE COPY OF THE LETTER DATED 15.06.2010 OF THE EXAMINATION BOARD.

EXHIBIT R4(g) A TRUE COPY OF THE PROFORMA SUBMITTED BY THE BANK TO THE EXAMINATION BOARD DATED 26.07.2010.

EXHIBIT R4(h) A TRUE COPY OF THE INTERIM ORDER DATED 07.02.2012 IN IA NO. 1767/2012 EXHIBIT R4(i) A TRUE COPY OF THE NOTIFICATION PUBLISHED IN MALAYALA MANORAMA DAILY DATED 26.02.2012.

EXHIBIT R4(j) A TRUE COPY OF THE ORDER DATED 16.03.2012 ISSUED BY THE JOINT REGISTRAR.

/TRUE COPY/ P.A. TO JUDGE.

V. CHITAMBARESH, J -------------------------------- WP(C) NO. 30451 OF 2009 ------------------------------------ Dated this the 3rd day of March, 2015

JUDGMENT

The petitioners contend that sufficient reservation to persons belonging to Scheduled castes/Scheduled Tribes are not made in the bank. The petitioners have also a contention that the appointments are being made in violation of Exts.P2 and P3 circulars and not transparent. It is however pointed out that Ext.P2 circular is superseded by yet another circular No. 79/2011 dated 09.11.2011.

The petitioner has in this regard submitted Ext.P13 representation with the second respondent. The second respondent shall issue notice to the petitioners and the third respondent before passing orders. Final orders shall be passed within a period of three weeks from today.

The Writ Petition is disposed of.

V. CHITAMBARESH JUDGE ncd