IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 1042 of 2010(E)
1. M.M.ABDUAL LATHEEF, AGED 52 YEARS,
... Petitioner
Vs
1. THE JOINT REGISTRAR OF CO-OPERATIVE
... Respondent
2. TRICHUR URBAN CO-OPERATIVE BANK LTD.
3. BOARD OF DIRECTORS,
4. JOHN PAUL MANNUKKADAN,
For Petitioner :SRI.M.R.DHANIL
For Respondent : No Appearance
The Hon'ble MR. Justice P.N.RAVINDRAN
Dated :12/01/2010
O R D E R
P.N.RAVINDRAN, J.
---------------------------
W.P.(C) No. 1042 OF 2010
--------------------------
Dated this the 12thday of January, 2010
J U D G M E N T
By Ext.P1 notification published in the Malayala Manorama
daily dated 21.10.2009, the second respondent bank invited
applications from eligible candidates for appointment as Gold
Appraiser and Peon. The fourth respondent, a member of the
managing committee of the second respondent bank, was
authorised to conduct the selection process pursuant to Ext.P2
resolution adopted by the managing committee of the bank.
Contending that the said decision violates circular No.18 of 1991
and other circulars issued by the Registrar of Co-operative
Societies, the petitioner, a member of the managing committee of
the second respondent bank, has filed Ext.P3 petition before the
Joint Registrar of Co-operative Societies (General) Thrissur seeking
his interference in the matter. The petitioner contends that the
resolution adopted by the managing committee of the second
respondent bank on 12.11.2009 authorising the fourth respondent,
yet another member of the managing committee to conduct the
written test for selection of candidates pursuant to Ext.P1
W.P.(C) No. 1042/2010
2
notification, is illegal. In this writ petition the petitioner seeks a
direction to the first respondent to consider the request made by him
in Ext.P3 and to take a decision thereon within a time limit to be fixed
by this Court.
2. Sri. K.C.Santhosh Kumar, the learned senior Government
Pleader appearing for the first respondent submits that as the
complaint voiced by the petitioner is that circulars issued by the
Registrar of companies have been violated when the managing
committee of the second respondent bank passed a resolution on
12.11.2009 authorising the fourth respondent to conduct the written
test, the Joint Registrar will consider the request made by the
petitioner in Ext.P3 and take a decision thereon expeditiously.
In the light of the said submission, I dispose of this writ petition
with a direction to the first respondent to consider the request made
by the petitioner in Ext.P3 petition in exercise of the power conferred
on him under Rule 176 of the Kerala Co-operative Societies Rules
and take a decision thereon expeditiously and in any event within two
months from the date on which the petitioner produces a certified
copy of this judgment before the first respondent. The first
W.P.(C) No. 1042/2010
3
respondent shall before passing orders on Ext.P3, afford the
petitioner and the second respondent bank a reasonable opportunity
of being heard. Till such time orders are passed on Ext.P3, selection
and appointment pursuant to Ext.P1 notification for filling up the
vacant posts of Gold Appraiser and Peon shall be kept in abeyance.
P.N.RAVINDRAN, JUDGE
vps