IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN FRIDAY, THE 9TH DECEMBER 2011 / 18TH AGRAHAYANA 1933 WP(C).No. 29153 of 2011(T) ---------------------------------------- PETITIONER(S): ------------------------ T.RAJAN, AGED 57 YEARS, FORMER DIRECTOR, THE VATAKARA COOPERATIVE RURAL BANK LTD, NO.F-1264,V.O.ROAD, VATAKARA. BY ADVS. SRI.B.KRISHNAN, SRI.R.PARTHASARATHY. RESPONDENT(S): --------------------------- 1. THE VATAKARA COOPERATIVE RURAL BANK LTD NO.F.1264 WITH ADDRESS FOR SERVICE- THE SECRETARY, THE VATAKARA COOPERATIVE RURAL BANK LTD NO.F.1264 ,HEAD OFFICE, V.O.ROAD, VATAKARA-673 101, KOZHIKODE DISTRICT, KERALA STATE. 2. THE ADMINISTRATIVE COMMITTEE, THE VATAKARA COOPERATIVE RURAL BANK LTD NO.F.1264 WITH ADDRESS FOR SERVICE,THE CONVENER, THE ADMINISTRATIVE COMMITTEE, THE VATAKARA COOPERATIVE RURAL BANK LTD,NO.F.1264 HEAD OFFICE, V.O.ROAD, VATAKARA-673 101KOZHIKODE DISTRICT, KERALA STATE. 3. A.T.SREEDHARAN, CONVENER,THE ADMINISTRATIVE COMMITTEE, THE VATAKARA COOPERATIVE RURAL BANK LTD NO.F.1264,SREYAS, CHOMBALA, POST VATAKARA,KOZHIKODE DISTRICT, KERALA STATE - 673 101. 4. SRI.A.K.CHATHU, MEMBER, THE ADMINISTRATIVE COMMITTEE, THE VATAKARA COOPPERATIVE RURAL BANK LTD NO.F-1264, AREEKANDIYIL HOUSE,POST ORKATTERI, VATAKARA TALUK, KOZHIKODE DISTRICT, KERALA STATE - 673 101. Kss ..2/- .2... WPC.NO.29153/2011 T 5. SRI.SASIDHARAN,KARIMBANAPALAM,MEMBER, THE ADMINISTRATIVE COMMITTEE, THE VATAKARA COOPPERATIVE RURAL BANK LTD NO.F-1264, THAIKKOOTTATHIL HOUSE,POST PUTHUPPANAM,VATAKARA TALUK, KOZHKODE DISTRICT, KERALA STATE - 673 103. 6. THE JOINT REGISTRAR OF COOPERATIVE SOCIETIES (GENERAL),THE OFFICE OF THE JOINT REGISTRAR OF COOPERATIVE SOCIETIES (GENERAL)KOHZIKODE, KERALA STATE - 673 020. 7. THE STATE OF KERALA, WITH ADDRESS FOR SERVICE-THE REGISTRAR OF COOPERATIVE SOCIETIES, THIRUVANANTHAPURAM - 695 001. R2 TO R5 BY ADVS. SRI.K.MOHANAKANNAN, SMT.A.R.PRAVITHA, SMT.RASHMI RAVINDRAN. R6 & R7 BY GOVERNMENT PLEADER SRI. K.C.VINCENT THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 09/12/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.29153/2011 T APPENDIX PETITIONER'S EXHIBITS: EXT.P1:- TRUE COPY OF THE MINUTES OF THE MEETING DTD 23/8/2011. EXT.P2:- TRUE COPY OF THE LETTER BY THE HEADMISTRESS, GOVT.SANSKRIT H.S.SCHOOL, MEPPAYIL, VATAKARA. EXT.P3:- TRUE COPY OF THE PROCEEDINGS OF THE 6TH RESPONDENT CONSTITUTING AN ADMINSITRATIVE COMMITTEE TO MANAGE THE IST RESPONDENT BANK DTD 29/8/2011. EXT.P4:- TRUE COPY OF THE ORDER APPOINITING A DATA ENTRY OPERATOR DTD 3/10/2011. EXT.P5:- TRUE COPY OF THE ORDER BY THE ADMINISTRATIVE COMMITTEE REVERSING A DECISION IN A SERVICE MATTER. RESPONDENT'S EXHIBITS: R2(A): COPY OF THE JUDGMENT IN WPC.NO.25622/2011 DTD. 11/10/2011. R2(B): COPY OF NOTICE DTD. 10/11/2011. R2(C): COPY OF THE LETTER DD. 17/11/2011 ISSUED BY THE JOINT REGISTRAR. R2(D): COPY OF THE LETTER ISSUED BY E.M.BALAKRISHNAN. R2(E): COPY OF THE ORDER DTD. 4/11/2011 ISSUED BY THE REGISTRAR, CO-OP.SOCIETY. /TRUE COPY/ P.A.TO JUDGE Kss P.N.RAVINDRAN, J. ---------------------------------------------- WP (C) No. 29153 of 2011 ----------------------------------------------- Dated this the 9th day of December, 2011 JUDGMENT The petitioner is a member of the first respondent co- operative society. He was also one among the members of the managing committee of the said society that was elected on 12.11.2006 and assumed office on 13.11.2006. The term of the managing committee would have come to an end only on 12.11.2011. However for want of quorum the managing committee of the first respondent society was superseded by Ext.P3 order dated 20.9.2011 issued by the Joint Registrar of Co- operative Societies (General), Kozhikode. By that order respondents 3 to 5 were appointed as members of the administrative committee to manage the affairs of the first respondent society for a period of six months. This writ petition is filed mainly seeking a direction to the administrative committee of the first respondent bank to take steps to hold elections to the managing committee of the first respondent society expeditiously. The petitioner also seeks the intervention of this Court to prevent the administrative committee from WP(C)No. 29153 of 2011 -2- making appointments and from enrolling members in the first respondent society. It is contended that the administrative committee has no right to enroll members or to make appointments. 2. Respondents 2 to 5 have entered appearance and filed a counter affidavit. It is stated that Sri. E.M.Balakrishnan, the former president of the first respondent society had earlier filed WP(C) No. 25622 of 2011 in this Court wherein he alleged that though he had filed a representation dated 19.9.2011 before the Joint Registrar of Co-operative Societies (General), Kozhikkode pointing out that the administrative committee is taking steps to enroll members and appoint staff, the Joint Registrar has not taken any action in the matter. It is also stated that a group of persons who had applied for membership in the first respondent society had filed WP(C) No.2563 of 2011 for an order directing the Joint Registrar of Co-operative Societies to consider their grievance regarding denial of membership and that both the writ petitions were heard together and disposed of by Ext.R2(a) judgment delivered on 11.11.2011 with a direction to the Joint Registrar of Co-operative Societies (General), Kozhikkode to consider the representations filed by the petitioners in the said writ petitions within one month from the date on receipt of a WP(C)No. 29153 of 2011 -3- copy of the judgment after affording the petitioners in the respective writ petitions, the administrative committee of the first petitioner society and its Secretary, an opportunity of being heard. The counter affidavit proceeds to state that though pursuant to Ext.R2(a) judgment a hearing was scheduled to be held on 17.11.2011, Sri.E.M.Balakrishnan, the former President of the Society sought an adjournment instead of participating in the hearing. It is also stated that though the former President of the society had in WP(C) No. 25622 of 2011 stated that he had filed a representation dated 19.9.2011, before the Joint Registrar of Co-operative Societies, the Joint Registrar of Co-operative Societies has in Ext.R2(c) letter dated 19.11.2011 stated that no such representation has been received, that though Sri.E.M.Balakrishnan was called upon to produce a copy of the said representation on the date fixed for hearing namely 17.11.2011, no copy was furnished and therefore the Joint Registrar of Co-operative Societies was not in a position to consider the grievances of the two groups of persons in the hearing held on 17.11.2011. It is contended that as this Court has already directed the Joint Registrar of Co-operative Societies (General), Kozhikkode to consider a similar grievance along with the grievance regarding denial of membership to some persons, WP(C)No. 29153 of 2011 -4- there is no reason why this writ petition should be kept pending. 3. I have considered the submissions made at the Bar by Sri. B.Krishnan, learned counsel appearing for the petitioner, Sri. K.Mohanakannan, learned counsel appearing for respondents 2 to 5 and Sri.K.C.Vincent, the learned Government Pleader appearing for respondents 6 and 7. I have also gone through the pleadings and materials on record. It is evident from Ext.R2(a ) judgment of this Court that a grievance similar to the one voiced by the petitioner herein was earlier brought before this Court and this Court directed the Joint Registrar of Co-operative Societies to examine that question and to take an appropriate decision thereon. It is now evident from Ext.R2(c) that the former President of the first respondent society had not filed in complaint before the Joint Registrar of Co-operative Societies regarding the alleged enrollment of members or appointment of staff by administrative committee. Ext.R2(c) establishes the said fact. In such circumstances, as there is no petition before the Joint Registrar complaining about the alleged enrolment of members or appointment of staff by the petitioner society, the proper course would to direct the petitioner to set out his grievances in the form of a representation before the Joint Registrar of Co-operative Societies, so that the Joint WP(C)No. 29153 of 2011 -5- Registrar of Co-operative Societies can enquire into the petitioner's grievances and take an appropriate decision thereon along with the representation filed by the persons seeking enrollment as members in the first respondent society. I accordingly dispose of the writ petition with a direction that in the event of the petitioner filing an appropriate representation before the Joint Registrar of Co-operative Societies (General), Kozhikkode setting out his claims and contentions including the contention that election should held at the earlier, the Joint Registrar shall while considering the representation filed by the petitioner in WP(C) No.2563 of 2011 consider the said representation also and take an appropriate decision thereon, expeditiously and in any event within one month from the date on which the petitioner or the convener of the administrative committee of the first respondent society produces a certified copy this judgment before him. Needless to say the Joint Registrar of Co-operative Societies shall afford the petitioner and respondents 1 to 5 an opportunity of being heard . P.N.RAVINDRAN, JUDGE. rkc