IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC FRIDAY, THE 7TH AUGUST 2009 / 16TH SRAVANA 1931 WP(C).No. 22498 of 2009(F) -------------------------- PETITIONER(S): --------------- SEBASTIAN P.J., AGED 48, S/O.JOHN, PUTHUPARAMBIL, KANAMALA P.O., KOTTAYAM DISTRICT. BY ADV. SRI.LIJI.J.VADAKEDOM RESPONDENT(S): --------------- 1. KANAMALA SERVICE CO-OP.BANK LTD. NO.K.268, REPRESENTED BY SECRETARY, OFFICE OF THE KANAMALA SERVICE CO-OP.BANK ERUTHUVAPPUZHA, PAMPAVALY NORTH P.O., KOTTAYAM DISTRICT. 2. MANAGEMENT COMMITTEE KANAMALA SERVICE CO-OP.BANK LTD. NO.K.268, REPRESENTED BY ITS PRESIDENT, OFFICE OF THE KANAMALA SERVICE CO-OP.BANK ERUTHUVAPPUZHA, PAMPAVALY NORTH P.O., KOTTAYAM DISTRICT. 3. JOINT REGISTRAR OF CO-OP.SOCIETIES, OFFICE OF THE JOINT REGISTRAR OF CO-OP.SOCIETIES, (GENERAL), CIVIL STATION, KOTTAYAM. BY GOVT. PLEADER SRI. K. RAMESH THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 07/08/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC,J. --------------------- W.P.(C).No.22498 OF 2009 ------------------------ Dated this the 7th day of August, 2009. JUDGMENT Petitioner claims to be the member of the first respondent Co-operative Bank. According to the petitioner, as is evident from Ext.P1 membership, initial share value was Rs.10/-, which was enhanced to Rs.20/- as per Ext.P2 amendment to the bye- laws. 2. Petitioner states that, though the amended bye laws were registered on 24.3.2007, subsequently by resolution dated 8.9.2007, the last date for payment of the enhanced share value was fixed as 24.3.2008 and the resolution also provided that on non-payment, the membership of the defaulting members will be removed. Accordingly, paper notifications as evidenced by Exts.P3 and P4 were made. WP(c).No.22498/09 2 3. In spite of all these, petitioner did not make payment and according to the petitioner no steps have been taken by the Bank under Rule 16(3) of the Kerala Co-operative Societies Rules. Long thereafter, the petitioner applied to the Bank to permit him to make remittance and that was turned down by the Secretary as per Ext.P5. It is stated that, as the election was scheduled to be held on 5.9.2009, petitioner wants to make payment and which again was not accepted. Therefore he moved the 3rd respondent by filing Exts.P6 and P8 and it is complained that the Joint Registrar has not consider the representations and issued direction to the Bank to remedy the grievances. It is complaining of this the writ petition is filed. Counsel for the petitioner also made reference to the judgment of this court in Kadakam Service Co-operative Bank Ltd.V. Narayana Bhat (2004(2) KLT 179). 4. Irrespective of the controversies raised, I feel that having regard to the pendency of Exts.P6 and P8 before the 3rd respondent, it is for the 3rd respondent to consider those WP(c).No.22498/09 3 representations and pass orders thereon, which necessarily has to be with notice to the first respondent also. This the 3rd respondent shall do within 3 weeks from the date of receipt of a copy of the judgment. Writ petition is disposed of as above. (ANTONY DOMINIC) JUDGE vi/ WP(c).No.22498/09 4