IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN FRIDAY, THE 28TH AUGUST 2009 / 6TH BHADRA 1931 WP(C).No. 13568 of 2007(M) ------------------------------------- PETITIONER(S): --------------- P.I.ABRAHAM, PUTHUKKAYIL HOUSE, MALIPARA P.O., KOTHAMANGALAM (MEMBERSHIP NO.22 OF THE PINDIMANA SERVICE CO-OP.BANK LTD.) BY ADVS. MR.V.G.ARUN MR.T.R.HARIKUMAR MR. BRIJESH MOHAN RESPONDENT(S): --------------- 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, DEPARTMENT OF CO-OPERATION, GOVT. SECRETARIAT, THIRUVANANTHAPURAM. 2. THE REGISTRAR OF CO-OPERATIVE SOCIETIES, THIRUVANANTHAPURAM. 3. THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES (GENERAL), ERNAKULAM. 4. THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES (AUDIT), ERNAKULAM. 5. PINDIMANA SERVICE CO-OPERATIVE BANK LTD. NO.E25, CHELAD P.O., KOTHAMANGALAM, ERNAKULAM DISTRICT, REP. BY ITS PRESIDENT. BY GOVERNMENT PLEADER SMT. SMITHA SUKUMAR ADV. MR.PEEYUS A.KOTTAM FOR R.5 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 28/08/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 13568 of 2007(M) APPENDIX PETITIONER'S EXHIBITS: EXT.P1 - COPY OF THE G.O.(Rt) NO. 111/2002/CO-OP., DATED 8.4.2002 ISSUED BY THE 1ST RESPONDENT. EXT.P2 - COPY OF THE ORDER ISSUED BY THE 3RD RESPONDENT VIDE NO. C.R.P. 1/7048/02 DATED 11.12.2002. EXT.P3 - COPY OF THE JUDGMENT DATED 2ND JUNE 2005 IN O.P. NO. 13022/2003 OF THIS COURT. EXT.P4 - COPY OF THE ORDER NO. C.R.P. 1/3569/03 DATED 18.1.06 ISSUED BY THE 3RD RESPONDENT. EXT.P5 - COPY OF THE G.O.(Rt) NO. 549/2006/CO-OP DATED 30.11.2006 ISSUED BY THE 1ST RESPONDENT. EXT.P6 - THE COPY OF THE ENQUIRY REPORT OF THE JOINT REGISTRAR (AUDIT) ERNAKULAM DATED 24/10/2000. EXT.P7 - THE COPY OF THE PROCEEDINGS NO. CP(1)42736/99 DATED 23/2/2001 OF THE REGISTRAR OF CO-OPERATIVE SOCIETIES. // TRUE COPY // PA TO JUDGE rhs S. SIRI JAGAN, J ............................................... W.P(C) No. 13568 of 2007 ................................................. Dated this the 28th day of August, 2009 J U D G M E N T The petitioner is a member of the 5th respondent co- operative society. He is challenging Ext.P5 order of the Government, by which Ext.P4 order of the Joint Registrar of Co- operative Societies rescinding the resolutions passed by society in the General Body meeting held on 8.7.2000, has been set aside. The said order came to be passed as a culmination of several litigation, in which ultimately this court directed the Government to consider the revision petition filed by the 5th respondent society, against Ext.P4 order which resulted in Ext.P5 order of the Government. The allegation of the petitioner was that the meeting conducted on 8.7.2000 was not in accordance with the procedure prescribed in the Kerala Co-operative Societies Act and therefore the resolutions passed in that meeting are invalid. By Ext.P4 order, the Joint Registrar of Co-operative Societies upheld the contention of the petitioner and rescinded the resolutions adopted by the General Body meeting held on W.P(C) No. 13568 of 2007 -2- 8.7.2000. That has been set aside by Ext.P5 order on two reasonings. First is that the very same resolution passed on 8.7.2000 were unanimously approved by the subsequent General Body meeting held on 14.8.2004. Second is that since more than six years had elapsed, if the resolutions are rescinded now, it would affect the smooth functioning of the bank to some extent. 2. A counter affidavit has been filed by the 5th respondent society supporting Ext.P5 order. 3. After hearing both sides, I am of opinion that in so far as the General Body meeting held on 14.8.2004 had unanimously approved the resolutions adopted in the earlier meeting held on 8.7.2000, and the petitioner had not chosen to challenge the resolutions adopted on 14.8.2004, it would be a futile exercise to consider the validity of Ext.P5 now. Therefore even if I set aside Ext.P5 order, the resolutions passed in the General Body meeting held on 4.8.2006, approving the resolutions passed in the meeting held on 8.7.2000, would hold good. In the above circumstances, I am not inclined to exercise my discretionary jurisdiction, to interfere with Ext.P5 order. Accordingly the writ petition is dismissed. S. SIRI JAGAN, JUDGE rhs