2025:KER:29755 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE D. K. SINGH TUESDAY, THE 1ST DAY OF APRIL 2025 / 11TH CHAITHRA, 1947 WP(C) NO. 20119 OF 2024 PETITIONER(S): LISMA P.P. AGED 32 YEARS W/O.SHYBIN P.G. POYYARATHIL (H), T.O.G. ROAD, KALAMASSERY, RAJAGIRI P.O, ERANAKULAM DISTRICT., PIN – 683104. BY ADVS. ARJUN RAGHAVAN POOJA PANKAJ RESPONDENT ( S ) : 1 THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES (GENERAL), ERNAKULAM 5TH FLOOR, NEW BLOCK, CIVIL STATION, KAKKANAD, ERNAKULAM DISTRICT, PIN – 682030. 2 THE KALAMASSERY SERVICE CO-OPERATIVE BANK LTD NO.3046 REPRESENTED BY ITS SECRETARY, NATIONAL HIGHWAY 47, KALAMASSERY P.O., ERNAKULAM DISTRICT., PIN – 683104. 3 THE MANAGING COMMITTEE OF THE KALAMASSERY SERVICE CO-OPERATIVE BANK LTD NO 3046 REPRESENTED BY PRESIDENT, NATIONAL HIGHWAY 47, KALAMASSERY P.O., ERNAKULAM DISTRICT, PIN – 683104. 4 MAHIN K. E. S/O.EBRAHIM K.M., KANJIRATHINGAL HOUSE, MOLLEPADAM, KALAMASSERY P.O., ERNAKULAM DISTRICT., PIN – 683104. 2025:KER:29755 WP(C) NO. 20119 OF 2024 2 BY ADVS. NISHA GEORGE RASHMI.K.V GEORGE POONTHOTTAM (SR.)(K/000570/1979) LAKSHMI(K/002840/2022) RAHUL ANIL(K/002538/2024) SMT. PARVATHY KOTTOL-GP SRI. GEORGE POOTHOTTAM (SR), MS.SILPA – R2 & R3 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 01.04.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: 2025:KER:29755 WP(C) NO. 20119 OF 2024 3 D. K. SINGH, J ---------------------------------------------- WP(C) No. 20119 of 2024 ---------------------------------------------- Dated this the 01st day of April, 2025 J U D G M E N T Heard Mr. Arjun Raghavan learned Counsel for the petitioner, Ms Parvathy Kottol, the learned Government Pleader for respondent No.1, Joint Registrar of Co-operative Societies (General), Ernakulam, and the learned Senior Counsel Mr Geroge Poonthottam, assisted by Ms.Silpa learned Counsel for respondent Nos. 2 and 3. No representation was made for respondent No. 4. 2. Respondent No. 4 has made a complaint against the appointment of the petitioner to the post of Peon in respondent No. 2 Society. The Joint Registrar, respondent No.1, has issued a show cause notice to the petitioner in Ext.P7. The said show cause notice is under challenge before this Court in the present writ petition. 3. The learned counsel for the petitioner, as well as the learned Senior Counsel appearing for respondents Nos. 2 and 3, submit that the Joint Registrar does not have the 2025:KER:29755 WP(C) NO. 20119 OF 2024 4 power to issue a show cause notice, and therefore, the show cause notice issued by the Joint Registrar is without jurisdiction 4. On the other hand, Ms.Parvathy Kottol, the learned Government Pleader, submits that the Joint Registrar has the power to ensure that no person in excess of the sanctioned staff is appointed in a Society, to safeguard the interest of the members and the depositors. 5. I have considered the submissions advanced on behalf of all parties. 6. The Joint Registrar has issued the show cause notice. The petitioner, as well as the respondent Society, may take objections regarding the jurisdiction of the Joint Registrar for issuing the said show cause notice, in their reply to the show cause notice as well as their oral submission before the Joint Registrar, besides the contentions and submissions on merits. 7. The present writ petition is disposed of with a direction to the petitioner and the respondent Society as well as the 4th respondent to submit their replies to the show cause notice, including the objection regarding the jurisdiction of the 2025:KER:29755 WP(C) NO. 20119 OF 2024 5 Joint Registrar to issue the said show cause notice. The Joint Registrar will hear the petitioner, the respondent society and also the 4th respondent and, thereafter, will decide the question of jurisdiction, and if the Joint Registrar is of the opinion that he has jurisdiction to decide the case, he should give his findings on merits of the case. The petitioner and the respondent society are granted two weeks time to file their reply to the show cause notice. With the aforesaid direction and observation the present writ petition is disposed of. Sd/- D. K. SINGH JUDGE mea 2025:KER:29755 WP(C) NO. 20119 OF 2024 6 APPENDIX OF WP(C) 20119/2024 PETITIONER EXHIBITS Exhibit-P1 A TRUE COPY OF THE NOTIFICATION CALLING APPLICATIONS TO THE POST OF PEON DATED 28-12- 2019 Exhibit-P2 A TRUE COPY OF THE CALL MEMO ISSUED TO THE PETITIONER DATED 11-01-2020 Exhibit-P3 A TRUE COPY OF THE INTIMATION DATED 30-01-2020, ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER Exhibit-P4 A TRUE COPY OF THE RANK LIST TO THE POST OF PEON PUBLISHED BY THE 2ND RESPONDENT Exhibit-P5 A TRUE COPY OF THE OFFER LETTER ALONG WITH THE PROCEEDINGS OF THE PRESIDENT DATED 12-06-2020 Exhibit-P6 A TRUE COPY OF THE JUDGEMENT DATED 11-02-2022 IN WP(C) NO.3517 OF 2022 Exhibit-P7 A TRUE COPY OF THE NOTICE NO.C.R.P(1)918/2024 DATED 08-05-2024 ISSUED BY THE 1ST RESPONDENT Exhibit-P8 A TRUE COPY OF JUDGEMENT DATED 23-01-2019 IN W.A NO.2431 OF 2018 Exhibit-P9 A TRUE COPY OF THE JUDGEMENT DATED 19-07-2018 IN W.A 122 OF 2015 Exhibit-P10 A TRUE COPY OF JUDGEMENT DATED 01-03-2019 IN WP(C) NO.14313 OF 2015 Exhibit-P11 A true copy of the relevant pages of the memorandum of the writ petition preferred by the 4 th respondent, WP(C) No.15527 of 2024 Exhibit-P12 A true copy of the judgment dated 15-11-2024 in WP(C) No.15527 of 2024 Exhibit-P13 A true copy of the judgment dated 08-07-2016 in WP(C) No.38171 of 2010