WP(C) NO. 32933 OF 2024 1 2025:KER:29689 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE D. K. SINGH FRIDAY, THE 4TH DAY OF APRIL 2025 / 14TH CHAITHRA, 1947 WP(C) NO. 32933 OF 2024 PETITIONER: SREENTAH KU AGED 35 YEARS S/O. RAJENDRAN C, RAJASREE HOUSE, AYIKKARAPPADI POST, PULIKKAL VIA, MALAPPURAM –, PIN - 673637 BY ADV E.C.AHAMED FAZIL RESPONDENTS: 1 THE REGISTRAR OF CO-OPERATIVE SOCIETIES JAWAHAR SAHAKARANA BHAWAN, THYCADU POST, THIRUVANANTHAPURAM -, PIN - 695014 2 THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES (GENERAL), MALAPPURAM, CIVIL STATION, MALAPPURAM –, PIN - 676505 3 THE TIRUR CO-OPERATIVE AGRICULTURAL AND RURAL DEVELOPMENT BANK LTD NO. M-11, POST BOX NO. 55, TIRUR, MALAPPURAM DISTRICT, REPRESENTED BY ITS SECRETARY –, PIN - 676101 4 HARIS, AGED 44 YEARS S/O. ABOOBACKER, KODERI HOUSE, PATHAMPAD, NIRAMATUHR, MALAPPURAM DISTRICT -, PIN - 676109 5 THE PRESIDENT THE TIRUR CO-OPERATIVE AGRICULTURAL AND RURAL DEVELOPMENT BANK LTD., NO. M-11, POST BOX NO. 55, TIRUR, MALAPPURAM DIST 676101 ** IS IMPLEADED AS ADDL R5 AS PER ORDER DATED 20/03/2025 IN IA/1/2024 IN WP(C) 32933/2024 *** BY ADVS. T.R.HARIKUMAR R.SUDHISH M.MANJU(K/003562/1999) ARJUN RAGHAVAN(K/1277/2012) PARVATHY KOTTOL -GP THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 04.04.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) NO. 32933 OF 2024 2 2025:KER:29689 JUDGMENT The present writ petition has been filed by the petitioner seeking to quash the decision in Ext.P10 and consequential order in Ext.P11 passed by the Registrar/Joint Registrar of the Co-operative Societies, and the 5th respondent. Vide impugned orders, the petitioner's promotion to the post of Accountant has been set aside. However, the petitioner was not afforded any opportunity of hearing before the said decision was taken against him. 2. Ms.Parvathy Kottol, learned Government Pleader does not dispute the fact that no opportunity of hearing was afforded to the petitioner before the impugned order was passed. 3. Considering the aforesaid facts, the present writ petition is allowed, and the impugned orders are quashed. The matter is remanded back to the Registrar/Joint Registrar of the Co-operative Societies, WP(C) NO. 32933 OF 2024 3 2025:KER:29689 to issue notice to the petitioner, the 4th and 5th respondents and after hearing them, take a fresh decision regarding the promotion of the petitioner to the post of Accountant from the Senior Clerk expeditiously, preferably within a period of two months. With the aforesaid direction, the present writ petition stands allowed. Sd/- D. K. SINGH JUDGE AP WP(C) NO. 32933 OF 2024 4 2025:KER:29689 APPENDIX OF WP(C) 32933/2024 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE PROCEEDINGS OF THE PRESIDENT DATED 01.12.2021 HAVING REF. NO. EST/M/2021-22 OF THE TIRUR CO-OPERATIVE AGRICULTURAL AND RURAL DEVELOPMENT BANK Exhibit P2 . TRUE COPY OF THE PROCEEDINGS OF THE PRESIDENT DATED 12.01.2023 HAVING REF. NO. EST/M/2022-23 OF THE TIRUR CO-OPERATIVE AGRICULTURAL AND RURAL DEVELOPMENT BANK Exhibit P3 TRUE COPY OF THE ORDER DATED 08.05.2023 IN IA NO. 13 OF 2023 IN ARC NO. 3 OF 2023 PASSED BY CO- OPERATIVE ARBITRATION COURT (NORTHERN), KOZHIKODE Exhibit P4 TRUE COPY OF THE ORDER DATED 13.06.2023 IN IA NO. 427 OF 2023 IN APPEAL PETITION NO. 213 OF 2023 PASSED BY THE KERALA CO-OPERATIVE TRIBUNAL, THIRUVANANTHAPURAM Exhibit P5 TRUE COPY OF THE MINUTES OF THE MEETING ON THE BOARD OF THE TIRUR CO-OPERATIVE AGRICULTURAL AND RURAL DEVELOPMENT BANK DATED 30.09.2023 Exhibit P6 TRUE COPY OF THE FINAL SENIORITY LIST WAS PUBLISHED ON 05.07.2024 HAVING REF NO. EST/S.R.L./24-25 ISSUED BY THE TIRUR CO-OPERATIVE AGRICULTURAL AND RURAL DEVELOPMENT BANK Exhibit P7 TRUE COPY OF THE INTERIM ORDER DATED 12.07.2024 IN W.P. (C) NO. 25186 OF 2024 PASSED BY HIGH COURT OF KERALA Exhibit P8 TRUE COPY OF THE ORDER DATED 02.08.2024 IN W.P. (C) NO. 25186 OF 2024 PASSED BY HIGH COURT OF KERALA Exhibit P9 TRUE COPY OF THE ORDER DATED 31.08.2024 IN APPEAL PETITION NO. 213 OF 2023 PASSED BY KERALA CO- OPERATIVE TRIBUNAL, THIRUVANANTHAPURAM Exhibit P10 TRUE COPY OF THE COMMUNICATION DATED 16.08.2024 ISSUED BY JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES (GENERAL), MALAPPURAM TO PRESIDENT, THE TIRUR CO-OPERATIVE AGRICULTURAL AND RURAL DEVELOPMENT BANK WP(C) NO. 32933 OF 2024 5 2025:KER:29689 Exhibit P11 TRUE COPY OF THE PROCEEDINGS HAVING DECISION NO. 7 DATED 04.09.2024 OF THE BOARD OF THE TIRUR CO- OPERATIVE AGRICULTURAL AND RURAL DEVELOPMENT BANK EXHIBIT P12 TRUE COPY OF THE FEEDER CATEGORY SUB RULE OF THIRD RESPONDENT BANK APPROVED BY JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES, MALAPPURAM ON 15.09.2011 LEGIBLE COPY OF EXHIBIT P12 LEGIBLE TYPED COPY OF EXHIBIT P12 EXHIBIT P5 (ENGLISH TRANSLATION) ENGLISH TRNSLATION OF EXHIBIT P5 EXHIBIT P10 (ENGLISH TRANSLATION) ENGLISH TRANSLATION OF EXHIBIT P10 EXHIBIT P11 (ENGLISH TRANSLATION) ENGLISH TRANSLATION OF EXHIBIT P11 RESPONDENT EXHIBITS EXHIBIT-R3(A) A TRUE COPY OF THE FEEDER CATEGORY SUB RULES APPROVED BY THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES (GENERAL), MALAPPURAM DATED 28-12-2024