High Court Kerala High Court

Balusseri Co-Op.Arts And Science … vs K.P.Anilkumar on 29 June, 2007

Kerala High Court
Balusseri Co-Op.Arts And Science … vs K.P.Anilkumar on 29 June, 2007
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C) No. 20039 of 2007(I)


1. BALUSSERI CO-OP.ARTS AND SCIENCE COLLEGE
                      ...  Petitioner

                        Vs



1. K.P.ANILKUMAR, S/O.PAVITHRAN,
                       ...       Respondent

2. THE JOINT REGISTRAR OF CO-OPERATIVE

                For Petitioner  :SRI.P.P.JACOB

                For Respondent  : No Appearance

The Hon'ble MR. Justice A.K.BASHEER

 Dated :29/06/2007

 O R D E R
                             A.K. BASHEER, J.
                             --------------------------
                         W.P.(C). NO. 20039 OF 2007
                               ---------------------
                     Dated this the 29th day of June, 2007

                               J U D G M E N T

Petitioner is a Co-operative Bank. It appears that the Bank had

initiated disciplinary proceedings against respondent No.1, who in turn had

approached the Joint Registrar, Co-operative Societies, Kozhikode,

(respondent No.2 herein), praying for rescinding the relevant resolution

passed by the Bank. On receipt of the above request from respondent

No.1, Joint Registrar had issued Ext.P6 notice to the Bank inviting its

response.

2. Learned counsel for the petitioner/Bank submits that Ext.P7

preliminary objection statement had been preferred by the petitioner

against Ext.P6 notice. However, petitioner apprehends that respondent

No.2 is likely to ignore Ext.P7 and pass an order.

3. Learned Government Pleader submits that if Ext.P7 has been

preferred by the petitioner, necessarily the Joint Registrar will have to

consider the same. I do not find any material to show that the

apprehension of the petitioner is well-founded.

Anyhow, the writ petition is disposed of with a direction to respondent

No.2 to take a decision in the matter pursuant to Ext.P6 only after affording

the petitioner an opportunity to be heard and also in the light of the

preliminary objection raised by it in Ext.P7.


                                                        A.K. BASHEER, JUDGE
vps

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                                 A.K. BASHEER, JUDGE


                                       OP NO.20954/00



                                          JUDGMENT

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                                   1ST MARCH, 2007