IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C) No. 17567 of 2007(N)
1. V.V.ISHA,
... Petitioner
Vs
1. JOINT REGISTRAR OF CO-OP.SOCIETIES
... Respondent
2. KANNANKARA SERVICE CO-OP.BANK LTD.
3. VARANAM SERVICE CO-OP. BANK LTD.
For Petitioner :SRI.P.N.MOHANAN
For Respondent : No Appearance
The Hon'ble MR. Justice K.M.JOSEPH
Dated :19/07/2007
O R D E R
K.M. JOSEPH,J.
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W.P ( C) No.17567 of 2007
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Dated this the 19th day of July, 2007
J U D G M E N T
The petitioner challenges Exhibit-P2 and seeks the
following reliefs:
” Issue a writ of mandamus or other appropriate writ,
order or direction, directing the 3rd respondent to
remove the petitioner from the membership
considering Ext.P1 request.
Call for the records leading to issue Ext.P2 and quash
the same by issuing a writ of certiorari or any other
appropriate writ order or direction.”
In 1983, the petitioner became a member of the 3rd
respondent Society for availing a housing loan. The 3rd
respondent failed to grant housing loan. The petitioner put a
request as Exhibit-P1 dated 8.3.2001 to cancel the membership
and availed another membership from the 2nd respondent society
on 22.8.2001. It was invoking Rule 27 of the Kerala Co-operative
Societies Rules that Exhibit-P2 was passed with direction to the
Society to take action under Rule 16(3) of the Kerala Co-
operative Societies Rules. The petitioner has been served with
Exhibit-P3 show cause notice consequently by the 2nd respondent
Society. The petitioner has given Exhibit-P4 reply under Rule
16 (3).
W.P ( C) No.17567 of 2007
2
2. According to the petitioner, the decision in Natarajan
v. Returning Officer (1997 (2) KLT 253) will not apply, as the
petitioner has filed an application for removal from the
membership of the 3rd respondent. Learned Government Pleader
points out that this is a case where there is contravention of Rule
27 of the Kerala Co-operative Societies Rules, as he became a
member of the 2nd respondent while he was a member of the 3rd
respondent. The petitioner has preferred Ext.P4 reply.
The writ petition is disposed of directing the 2nd
respondent to take a decision on Exhibit-P4 reply, in accordance
with law.
(K.M. JOSEPH,JUDGE)
ma
W.P ( C) No.17567 of 2007
3
K.THANKAPPAN,J
CRL.A. NO.92 OF 1999
ORDER
25th May, 2007