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2025 DAILYLAW 6566 (KER)

L. OUSEPH v. THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES (GENERAL)

WP(C)/13660/2025 · 2025-04-04

Murali Purushothaman

Writ Petition (Civil)body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

2025:KER:29004 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN FRIDAY, THE 4TH DAY OF APRIL 2025 / 14TH CHAITHRA, 1947 WP(C) NO. 13660 OF 2025 PETITIONERS: 1 L. OUSEPH AGED 56 YEARS S/O. LONAN, KALLUPEEDIKA, VALAMANGALOM SOUTH P.O., THURAVOOR, ALAPPUZHA DISTRICT, PIN – 688 532. 2 SHIYAS MAMMU AGED 50 YEARS S/O. MAMMU, THEVALAPOZHI, VALAMANGALOM NORTH P.O., THURAVOOR, ALAPPUZHA DISTRICT, PIN – 688 532. 3 UDAYAPPAN AGED 56 YEARS S/O. SUDHAKARAN, CHANIYIL, VALAMANGALOM SOUTH P.O., THURAVOOR, ALAPPUZHA DISTRICT, PIN – 688 532. 4 SHANMUKHAN AGED 60 YEARS S/O. MADHAVAN, VALIYAPUTHENTHARA, VALAMANGALOM SOUTH P.O., THURAVOOR, ALAPPUZHA DISTRICT, PIN – 688 532. 5 RAJAPPAN D. AGED 74 YEARS S/O. DIVAKARAN, PUTHANTHARA (MADATHILPARAMBIL), VALAMANGALOM SOUTH P.O., THURAVOOR, ALAPPUZHA DISTRICT, PIN – 688 532. 6 P.N ASOKAN AGED 68 YEARS S/O. C. NANU, SUJITHA NIVAS, VALAMANGALOM SOUTH P.O., THURAVOOR, ALAPPUZHA DISTRICT, PIN – 688 532. 2025:KER:29004 WP(C) NO.13660 OF 2025 2 BY ADVS. KAVERY S. THAMPI SARANGADHARAN P. RESPONDENTS: 1 THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES (GENERAL), ALAPPUZHA, IRON BRIDGE P.O., ALAPPUZHA DISTRICT, PIN – 688 011. 2 THE ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES (GENERAL) CHERTHALA P.O., ALAPPUZHA DISTRICT, PIN – 688 524. 3 THE VALAMANGALAM SERVICE CO-OPERATIVE BANK LTD NO.1444 THURAVUR P.O., CHERTHALA, ALAPPUZHA DISTRICT, REPRESENTED BY ITS SECRETARY, PIN – 688 532. 4 THE MANAGING COMMITTEE VALAMANGALAM SERVICE CO-OPERATIVE BANK LTD NO.1444, THURAVUR P.O., CHERTHALA, ALAPPUZHA DISTRICT, REPRESENTED BY ITS PRESIDENT, PIN – 688 532. SMT. SHEEJA C.S – SR. GP THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 04.04.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: 2025:KER:29004 WP(C) NO.13660 OF 2025 3 JUDGMENT Alleging that the 4th respondent Managing Committee had removed various members from the primary membership of the 3rd respondent Society and added persons residing outside the area of operation of the Society in the primary membership and pointing out violation of the provisions of the Kerala Co-operative Societies Act and Rules, 1969, the petitioners have preferred Exts.P5 and P10 representations before the 1st respondent requesting, inter alia, to take steps under Section 65 of the Kerala Co-operative Societies Act, 1969. The limited prayer of the petitioners is for a direction to the 1st respondent to consider Exts.P5 and P10, expeditiously. 2025:KER:29004 WP(C) NO.13660 OF 2025 4 3. In the facts and circumstances of the case and having regard to the submissions made across the Bar, there will be a direction to the 1st respondent to consider and pass orders on Exts.P5 and P10, if not already disposed of, with notice to the petitioners in a representative capacity, in accordance with law, as expeditiously as possible, at any rate, within a period of three months from the date of receipt of a copy of this judgment. The writ petition is disposed of. Sd/- MURALI PURUSHOTHAMAN JUDGE SPR 2025:KER:29004 WP(C) NO.13660 OF 2025 5 APPENDIX PETITIONER’ S EXHIBITS :- EXHIBIT P1 A TRUE COPY OF THE COMPLAINT DATED 14.02.2019 SUBMITTED BY MR. C.N PRAKASAN BEFORE THE 1ST RESPONDENT. EXHIBIT P2 A TRUE COPY OF THE RELEVANT PAGES OF THE VOTERS LIST OF THE 3RD RESPONDENT SOCIETY PUBLISHED FOR 2019 ELECTION. EXHIBIT P3 A TRUE COPY OF THE RELEVANT PAGES OF THE VOTERS LIST OF THE 3RD RESPONDENT SOCIETY PUBLISHED FOR 2024 ELECTION. EXHIBIT P4 A TRUE COPY OF THE COMPLAINT DATED 04.09.2024 SUBMITTED BY THE 1ST PETITIONER BEFORE THE 2ND RESPONDENT. EXHIBIT P5 A TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE 1ST PETITIONER DATED 04.11.2024 BEFORE THE 1ST RESPONDENT. EXHIBIT P6 A TRUE COPY OF THE COMMUNICATION NO:JRGALP/2111/2024–CRP(1) DATED 11.11.2024 ISSUED BY THE 1ST RESPONDENT TO THE 2ND RESPONDENT. EXHIBIT P7 A TRUE COPY OF THE REPRESENTATION FORWARDED BY THE 1ST PETITIONER TO THE 1ST RESPONDENT DATED 20-12-2024. EXHIBIT P8 A TRUE COPY OF THE APPLICATION DATED 23.12.2024 SUBMITTED BY THE 1ST PETITIONER TO THE PUBLIC INFORMATION OFFICER ATTACHED TO THE OFFICE OF THE 2ND RESPONDENT. EXHIBIT P9 A TRUE COPY OF THE REPLY PREPARED FOR EXT P8 AND ISSUED TO THE 2ND RESPONDENT BY THE 3RD RESPONDENT DATED 13.01.2025. EXHIBIT P10 A TRUE COPY OF THE REPRESENTATION FORWARDED BY THE PETITIONERS DATED 10.03.2025 TO THE 1ST RESPONDENT. EXHIBIT P11 A TRUE COPY OF THE ACKNOWLEDGMENT CARD. RESPONDENT EXHIBITS: NIL.