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High Court of KeralaWP(C)/31480/2015disposed of

Pradeep Joy v. Joint Registrar Of Co-Operative Soceities

2015-12-14Honourable Mr. Justice Dama Seshadri Naidu5 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE DAMA SESHADRI NAIDU MONDAY, THE 14TH DAY OF DECEMBER 2015/23RD AGRAHAYANA, 1937 WP(C).No. 31480 of 2015 (H) ---------------------------- PETITIONERS:

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1. PRADEEP JOY, AMBU BHAVAN, VELICHIKKALA P.O., ADICHANALLOOR, KOLLAM.

2. AJITH KUMAR D., KELEPURATHU VEEDU, PLAKKADU, ADICHANALLOOR P.O., KOLLAM PIN - 691 573.

BY ADV. SMT.LIGEY ANTONY RESPONDENTS:

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1. JOINT REGISTRAR OF CO-OPERATIVE SOCEITIES (GENERAL), KOLLAM CIVIL STATION - 691 013.

2. BOARD OF DIRECTORS, ADICHANALLOOR FARMERS SERVICE CO-OPERATIVEBANK LTD.NO.2609, ADICHANALLOOR, REPRESENTEDBY THE PRESIDENT ADICHANALLOOR FARMERS SERVICE CO-OPERATIVE BANK LTD.NO.2609, ADICHANALLOOR P.O., KOLLAM, PIN - 691 573.

3. ADICHANALLOOR FARMERS SERVICE CO-OPERATIVE BANK LTD.NO.2609, REPRESENTED BY ITS MANAGING DIRECTOR, ADICHANALLOOR.P.O., KOLLAM, PIN - 691 573 R2&3 BY ADV. SRI.G.D.PANICKER R2&3 BY ADV. SMT.JEENA JOSEPH R BY SRI. G. GOPAKUMAR, GOVERNMENT PLEADER THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 14-12-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).No. 31480 of 2015 (H) --------------------------------- : 2 :

APPENDIX PETITIONERS' EXHIBITS :

--------------------------- EXT.P-1: TRUE PHOTOCOPY OF THE ORDER OF THE BANK PRESIDENT DATED 1.9.2012 ALONG WITH ENGLISH TRANSLATION.

EXT.P-2: TRUE PHOTOCOPY OF THE ORDERS OF THE BANK PRESIDENT ON 1.9.2012 ALONG WITH ENGLISH TRANSLATION.

EXT.P-3: TRUE PHOTOCOPY OF THE RECEIPT NO.13184 ISSUED BY THE BANK, DATED 3.9.2012.

EXT.P-4: TRUE PHOTOCOPY OF THE REPRESENTATION OF THE IST PETITIONER ON 5.8.2015 TO THE 2ND RESPONDENT ALONG WITH ENGLISH TRANSLATION. EXT.P-5: TRUE COPY OF THE REPRESENTATION OF THE 2ND PETITIONER ON 3.8.2015 ADDRESSED TO THE 2ND RESPONDENT ALONG WITH ENGLISH TRANSLATION.

EXT.P-6: TRUE COPY OF THE REPRESENTATION DATED 18.9.2015 OF THE IST PETITIONER ADDRESSED TO THE IST RESPONDENT ALONG WITH ENGLISH TRANSLATION.

EXT.P-7: TRUE PHOTOCOPY OF THE REPRESENTATION DATED 18.9.2015 OF THE 2ND PETITIONER TO THE IST RESPONDENT ALONG WITH ENGLISH TRANSLATION.

EXT.P-8: TRUE PHOTOCOPY OF THE JUDGEMENT DATED 11.1.2001 IN O.P NO.27006/2000.

EXT.P-9: TRUE PHOTOCOPY OF THE JUDGEMENT DATED 17.9.2001 IN OP NO.4587/2001.

RESPONDENTS' EXHIBITS:

------------------------------ /True Copy/ P.A to Judge.

rv

DAMA SESHADRI NAIDU, J.

---------------------------------- W.P. (C) No. 31480 of 2015 (H) ---------------------------------- Dated this the 14th day of December, 2015.

JUDGMENT

Heard the learned counsel for the petitioners and the learned counsel for the respondent Bank, apart from perusing the record.

2. The petitioners, who are the collection agents appointed on 01.09.2012, are said to have submitted Exts.P4 and P5 representations before the second respondent seeking their regularisations. Complaining that those representations have not been considered expeditiously, the petitioners have filed the present writ petition.

3. In response to the submissions made by the learned counsel for the petitioners, the learned counsel for the second respondent has submitted that the said respondent has no objection to consider the petitioners' Exts.P4 and P5 representations. In the facts and circumstances, having regard to the respective submissions of the learned Counsel for the petitioners and the learned counsel for the respondent Bank, this Court, without expressing any opinion on the merits of the matter, disposes of the

W.P.(C.) No. 31480/2015 -2writ petition with a direction to the 2nd respondent to consider the petitioners Exts.P4 and P5 representations in accordance with law, after taking into account Exts.P8 and P9 judgments, if they have any application, and pass appropriate orders thereon, as expeditiously as possible, at any rate, within one month from the date of receipt of a copy of this judgment.

sd/- DAMA SESHADRI NAIDU, JUDGE.

rv

W.P.(C.) No. 31480/2015 -3-