High Court of KeralaWP(C)/29444/2014disposed of

Prathap P. v. The Mattancherry Mahajanik Co-Operative Urban Bank Ltd.No.665

2015-01-14Honourable Mr.Justice V.Chitambaresh3 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE V.CHITAMBARESH WEDNESDAY, THE 14TH DAY OF JANUARY 2015/24TH POUSHA, 1936 WP(C).No. 29444 of 2014 (E) ---------------------------- PETITIONER(S):

----------------- PRATHAP P., AGED 33 YEARS, SREEVIHAR, T.D.EAST ROAD, MATTANCHERRY KOCHI-682002.

BY ADV. SRI.P.P.JACOB RESPONDENT(S):

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

1. THE MATTANCHERRY MAHAJANIK CO-OPERATIVE URBAN BANK LTD.NO.665 PALLIARAKKAVU ROAD, KOCHI-682 002.

REPRESENTED BY ITS GENERAL MANAGER.

2. THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES (G) ERNAKULAM, CIVIL STATION, B-2 BOLCK, 5TH FLOOR, KAKKANADU, KOCHI-682030.

3. M.ARAVINDAKSHAN NAIR S/O.GOPALAN NAIR, BUILDING NO.6/275, NEAR C.T.O. ANAVATHIL, KOCHI-682002.

4. B.S.RAMESH 10/201, J.D.NORTH STREET, FORT KOCHI-682001.

5. URUSULA LENIN KALIYATH HOUSE, 17/1204, MUNDAMVELI KOCHI-682007.

R1 BY SRI.P.GOPINATH R BY GOVERNMENT PLEADER SRI.D.SOMASUNDARAM.

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 14-01-2015 ALONG WITH W.P (C) NO.34373/2014, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).No. 29444 of 2014 (E) ---------------------------- APPENDIX PETITIONER(S)' EXHIBITS ---------------------------- EXHIBIT-P1: TRUE PHOTOCOPY OF THE CLAUSE 40 & 46 OF THE BYELAW OF THE RESPONDENT, PAGES 1, 21 TO 24.

EXHIBIT-P2: TRUE PHOTOCOPY OF THE ORDER ISSUED BY THE RESERVE BANK DATED 3.2.2003.

EXHIBIT-P3: TRUE PHOTOCOPY OF THE ORDER OF THE JOINT REGISTRAR DATED 4.3.2008, PAGES 1, 23 TO 25.

EXHIBIT-P4: TRUE PHOTOCOPY OF THE ORDER ISSUED BY THE GOVERNMENT DATED 24.9.2009.

EXHIBIT-P5: TRUE PHOTOCOPY OF THE ORDER ISSUED BY THE JOINT REGISTRAR DATED 8.7.2014.

EXHIBIT-P6: TRUE PHOTOCOPY OF THE JUDGMENT IN W.P.(C) NO.18530/14 DATED 29.10.2014.

EXHIBIT-P7: TRUE PHOTOCOPY OF THE REPRESENTATION FILED BY THE PETITIONER BEFORE THE RESPONDENTS 1 & 2 DATED 29.10.2014. RESPONDENT(S)' EXHIBITS : NIL.

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

V.CHITAMBARESH, J.

--------------------- W.P (C) No.29444 & 34373 of 2014 --------------------- Dated this the 14th day of January, 2015

J U D G M E N T

Whether the members of the managing committee of Mattancherry Mahajanik Co-operative Urban Bank Ltd. have to be surcharged under Section 68 of the Kerala Co-operative Societies Act, 1969 is engaging the attention of the Government. The attention is so invited purportedly in an appeal filed under Section 83 of the Kerala Co-operative Societies Act, 1969.

2. Today I have by judgment in W.P (C) No.35173/2014 directed the Government to dispose of the appeal including the consideration of its maintainability within a period of six weeks. The petitioners herein are at liberty to move for further action against the members of the Managing Committee of the Bank depending on the orders passed in the appeal. There is no necessity to keep this writ petitions pending when the remedy is left open as above and I accordingly dispose of the same as unnecessary. The Writ Petitions are disposed of.

Sd/- V.CHITAMBARESH, Judge.

nj.