High Court of KeralaWP(C)/34508/2014disposed of

Thiruvanchoor Service Co-Op.Bank, Rep. By Its Secretary v. Jt.Registrar Of Co-Operative Societies, Kottayam

2015-03-09Honourable Mr.Justice V.Chitambaresh3 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE V.CHITAMBARESH MONDAY, THE 9TH DAY OF MARCH 2015/18TH PHALGUNA, 1936 WP(C).No. 34508 of 2014 (K) -------------------------------------- PETITIONERS:

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1. THIRUVANCHOOR SERVICE CO-OPERATIVE BANK, LIMITED NO. 1942, THIRUVANCHUR, KOTTAYAM REP. BY ITS SECRETARY

2. THE PRESIDENT, THIRUVANCHOOR SERVICE CO-OPERATIVE BANK, LIMITED NO. 1942 THIRUVANCHUR, KOTTAYAM.

BY ADV. SRI.P.C.SASIDHARAN RESPONDENTS:

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

2. THE ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES (GENERAL), KOTTAYAM - 686 001

3. TINTU M. KORA, JUNIOR CLERK THIRUVANCHOOR SERVICE CO-OPERATIVE BANK THIRUVANCHOOR, KOTTAYAM - 686 037 R1 & R2 BY GOVERNMENT PLEADER SRI. T.R. RAJESH THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 09-03-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).No. 34508 of 2014 (K) -------------------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- EXHIBIT-P1- TRUE COPY OF THE RESOLUTION NO.2 ADOPTED BY THE MANAGING COMMITTEE DATED 22/03/2013.

EXHIBIT-P2- TRUE COPY OF THE COMMUNICATION ISSUED BY THE IST RESPONDENT DATED 30/07/2014.

EXHIBIT-P3- TRUE COPY OF THE REPRESENTATION PREFERRED BY THE 2ND PETITIONER DATED 23/09/2014.

EXHIBIT-P4- TRUE COPY OF THE COMMUNICATION ISSUED BY THE IST RESPONDENT DATED 12/11/2014.

RESPONDENT(S)' EXHIBITS:- NIL --------------------------------------- /TRUE COPY/ P.A. TO JUDGE

V. CHITAMBARESH, J --------------------------------------- W.P.(C). NO. 34508 OF 2014 ---------------------------------------- Dated this the 9th day of March, 2015

JUDGMENT

The petitioners have been saddled with the liability to pay salary and emoluments to the third respondent during the period when she was undergoing J.D.C. course. Such order could not have been passed without notice to the petitioner bank especially when there is a financial implication. 2.

I accordingly quash Ext.P2 order and Ext. P4 consequential order passed by the first respondent Joint Registrar. The first respondent shall pass fresh orders after hearing the petitioners and the third respondent within one month. The question of jurisdiction of the first respondent to entertain such claims can also be raised by the petitioners therein.

The writ petition is disposed of.

V. CHITAMBARESH JUDGE