IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN TUESDAY, THE 11TH OCTOBER 2011 / 19TH ASWINA 1933 WP(C).No. 25622 of 2011(C) ---------------------- PETITIONER : --------------------- E.M.BALAKRISHNAN, AGED 58 YEARS, S/O.CHOYI, ADVOCATE, 'KAVERI', NEAR PUBLIC LIBRARY, VATAKARA, KOZHIKODE DISTRICT. BY ADVS. SRI.BABU JOSEPH KURUVATHAZHA SRI.K.I.SAGEER RESPONDENT(S): ------------------------- 1. JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES, KOZHIKODE 673 001. 2. VATAKARA CO-OPERATIVE RURAL BANK LTD, F-1264, REPRESENTED BY ITS SECRETARY, OFFICE OF THE VATAKARA CO-OPERATIVE RURAL BANK LTD., F-1264, VATAKARA P.O, KOZHIKODE DISTRICT- 673 101. 3. ADMINISRATIVE COMMITTEE OF VATAKARA CO-OPERATIVE RURAL BANK LTD, F-1264, REPRESENTED BY ITS CONVENOR, VATAKARA P.O, KOZHIKODE DISTRICT- 673 101. R1 BY GOVT. PLEADER SRI. G. GOPAKUMAR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 11/10/2011, ALONG WITH WPC NO. 25634 OF 2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Mn ...2/- WP(C).No. 25622 of 2011(C) -2- APPENDIX PETITIONER'S EXHIBITS: EXHIBIT P1. TRUE COPY OF THE ORDER NO.0/5131/2011 DATED 29.08.2011 ISSUED BY THE IST RESPONDENT. EXHIBIT P2. TRUE COPY OF THE REPRESENTATION DATED 19.9.2011 SUBMITTED BY THE PETITIONER BEFORE THE IST RESPONDENT. RESPONDENT'S EXHIBITS : NIL //TRUE COPY// P.S. TO JUDGE Mn P.N.RAVINDRAN, J. ----------------------------------------- W.P(C).Nos.25622 & 25634 of 2011 ----------------------------------------- Dated this the 11th day of October, 2011 JUDGMENT The petitioners herein are members of Vatakara Co- operative Rural Bank Limited joined as the second respondent in both the writ petitions. The petitioner in W.P(C)No.25622 of 2011 has filed Ext.P2 representation dated 19.9.2011 before the Joint Registrar of Co-operative Societies pointing out that the Administrative Committee of the second respondent society is taking steps to enroll new members and appoint staff and that those employees of the society who are not co-operating with the Administrative Committee for the purpose of enrolling new members and appointing staff have been transferred out to various branches. He has in Ext.P2 representation requested the Joint Registrar of Co-operative Societies to restrain the Administrative Committee from enrolling new members, appointing staff and from transferring its employees. 2. The grievance voiced by the petitioners in W.P.(C) No.25634 of 2011 is that though their applications for enrollment W.P(C).Nos.25622 & 25634 of 2011 -:2:- as members have been pending for more than a year, the Administrative Committee is not taking steps to enroll them as members. Setting out this grievance the petitioners have filed Ext.P3 representation before the Joint Registrar of Co-operative Societies. In this writ petition the petitioners seek a direction to the Joint Registrar of Co-operative Societies to consider Ext.P3 representation and pass appropriate orders thereon within a time limit to be fixed by this Court. 3. From the pleadings and the materials available on record it is evident that while the petitioner in W.P.(C)No.25622 of 2011 wants the Joint Registrar of Co-operative Societies to prevent the Administrative Committee from enrolling members or from transferring the staff of the society or from appointing staff, the petitioners in W.P.(C)No.25634 of 2011 seek the intervention of the Joint Registrar of Co-operative Societies to secure membership in the very same society. The question whether, having regard to the materials placed before him by the petitioners, the request made by them should be allowed is primarily a matter for the Joint Registrar of Co-operative Societies to consider. I am therefore, of the opinion that the Joint Registrar of Co-operative Societies should bestow attention to the W.P(C).Nos.25622 & 25634 of 2011 -:3:- grievances voiced by the petitioners and take an appropriate decision thereon. I accordingly dispose of the writ petitions with a direction to the Joint Registrar of Co-operative Societies (General), Kozhikode, to consider Ext.P2 representation filed by the petitioner in W.P.(C) No.25622 of 2011 and Ext.P3 representation filed by the petitioners in W.P.(C)No.25634 of 2011 and take an appropriate decision thereon expeditiously and in any event within one month from the date of receipt of a certified copy of this judgment. The Joint Registrar of Co-operative Societies shall, before taking a decision on the representations, afford the petitioners, the Administrative Committee and the Secretary of the society an opportunity of being heard. P.N.RAVINDRAN, Judge. ahg. P.N.RAVINDRAN, J. --------------------------- W.P(C).Nos.25622 & 25634 of 2011 ---------------------------- JUDGMENT 11th October, 2011