Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN FRIDAY, THE 16TH DAY OF JULY 2021 / 25TH ASHADHA, 1943 WP(C) NO. 18133 OF 2012 PETITIONER/S: KODENCHERRY SERVICE CO-OPERATIVE BANK LTD.NO.F 1762 P.O.KODENCHERRY, KOZHIKODE, PIN - 673580, REPRESENTED BY ITS SECRETARY. BY ADV SRI.P.P.JACOB RESPONDENT/S: 1 JOINT REGISTRAR KOZHIKODE - 673004. 2 K.U.SUNNY KARIKOMBIL HOUSE KODENCHERRY P.O. PIN - 673580. BY ADVS. GOVERNMENT PLEADER SRI.N.K.SUBRAMANIAN SRI.S.ANANTHAKRISHNAN SRI.N.K.SUBRAMANIAN SMT. SHEEJA C.S. GP THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 16.07.2021, ALONG WITH WP(C).18379/2012, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN FRIDAY, THE 16TH DAY OF JULY 2021 / 25TH ASHADHA, 1943 WP(C) NO. 18379 OF 2012
PETITIONER/S: 1 PETER ANTONY AGED 37 YEARS KALATHOZHUTHINKAL, KODENCHERRY, KOZHIKODE 2 SATHYAN T.P THAMMARAPPILLIL HOUSE, KANNOTH, KODENCHERRY, KOZHIKODE 3 SAJEEV A.U ALAKKAL HOUSE, CHEMPUKAVU, KODENCHERRY, KOZHIKODE 4 P.T.JOSE PARAKUNNEL, MEEMUTTY, KODENCHERRY, KOZHIKODE 5 M.A.MAYIN ONAMVAYALIL NOORAMTHODE, KODENCHERRY, KOZHIKODE BY ADV SRI.P.N.MOHANAN RESPONDENT/S: 1 JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES(G),KOZHIKODE, PUTHIHYARA, KOZHIKODE-673004
2 THE KODENCHERRY SERVICE CO OP.BANK LTD NO F 1762 P.O.KODENCHERRY KOZHIKODE, PIN-673580, ,REP.BY ITS SECRETARY 3 ADDL. K.U.SUNNY S/O. ULAHANNAN, KARIKOMBIL HOUSE, POST KODANCHERRY - 673 580, KOZHIKODE DISTRICT, MEMBER NO.5761. (ADDL. R3 IS IMPLEADED VIDE ORDER DATED 14.08.2012 IN I.A. NO. 11238/2012.) BY ADVS. SRI.S.ANANTHAKRISHNAN SRI.P.P.JACOB SRI.N.K.SUBRAMANIAN SMT. SHEEJA C.S. GP THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 16.07.2021, ALONG WITH WP(C).18133/2012, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
P.V.KUNHIKRISHNAN, J.
=================== =================== Dated this the 16th day of July 2021
JUDGMENT
The learned counsel for the petitioners submitted that, the matter is infructuous. Therefore, the writ petition is dismissed as infructuous. (Sd/-) P.V.KUNHIKRISHNAN JUDGE LU APPENDIX OF WP(C) NO. 18133/2012 PETITIONER ANNEXURE EXHIBIT P1 TRUE PHOTOCOPY OF THE JUDGMENT IN WPC NO. 2775/2011 DATED 27.01.2011. EXHIBIT P2 TRUE PHOTOCOPY OF THE JUDGMENT IN WPC NO. 5316/2011 DATED 03.03.2011. EXHIBIT P3 TRUE PHOTOCOPY OF THE PETITION FILED BY SECOND RESPONDENT BEFORE THE FIRST RESPONDENT DATED 16.03.2012 EXHIBIT P4 TRUE PHOTOCOPY OF THE BYELAW CLAUSE 6,7,8 AND PAGE NO. 7 OF THE BYELAW OF THE PETITIONER. EXHIBIT P5 TRUE COPY OF THE OBJECTION FILED BY THE PETITIONER BEFORE THE FIRST RESPONDENT DATED 04.06.2012. EXHIBIT P6 TRUE PHOTOCOPY OF THE ORDER ISSUED BY THE FIRST RESPONDENT DATED 30.07.2012. EXHIBIT P7 TRUE PHOTOCOPY OF THE RELEVANT PORTION OF THE BYELAW OF THE PETITIONER, PAGES 1 TO 5. EXHIBIT P8 TRUE PHOTOCOPY OF THE VOUCHER ISSUED BY THE PETITIONER SOCIETY DATED 12.02.2007. EXHIBIT P9 TRUE PHOTOCOPY OF THE VOUCHER ISSUED BY THE PETITIONER SOCIETY DATED 20.02.2007. EXHIBIT P10 TRUE PHOTOCOPY OF THE RECEIPT ISSUED BY THE PETITIONER SOCIETY DATED 02.01.2008. EXHIBIT P11 TRUE PHOTOCOPY OF THE RECEIPT ISSUED BY THE PETITIONER SOCIETY DATED 07.01.2008. EXHIBIT P12 TRUE PHOTOCOPY OF THE RELEVANT PORTION OF THE MEMBERSHIP REGISTER OF THE PETITIONER, PAGES 60,101. EXHIBIT P13 TRUE PHOTOCOPY OF THE APPLICATION SUBMITTED BY ARUN T.K. DATED 05.01.2008. EXHIBIT P14 TRUE PHOTOCOPY OF THE APPLICATION SUBMITTED BY ABDULLA DATED 05.01.2008 EXHIBIT P15 TRUE PHOTOCOPY OF THE RELEVANT PAGES (66,114,115,& 116) OF THE MINUTES BOOK OF THE PETITIONER. RESPONDENTS EXHIBITS EXHIBITS R2(a) TRUE COPY OF G.O(RT.) NO. EXHIBITS R2(b) TRUE COPY OF RELEVANT PORTION OF THE BYELAW CL.6,7,& 8 EXHIBITS R2(c ) TRUE COPY OF CIRCULAR 11/72 DATED 22.02.1972. APPENDIX OF WP(C) NO. 18379/2012 PETITIONER ANNEXURE EXHIBIT P1 TRUE PHOTOCOPY OF THE ORDER IN PROCEEDINGS ISSUED BY THE FIRST RESPONDENT DATED 30.07.2012 EXHIBIT P2 TRUE PHOTOCOPY OF THE RELEVANT PORTION OF THE BYELAW OF THE 2ND RESPONDENT, PAGES 1 TO 8. EXHIBIT P3 TRUE PHOTOCOPY OF THE RECEIPT ISSUED
BY THE 2ND RESPONDENT SOCIETY DATED 02.01.2008 SHOWING THE ACCEPTANCE OF ENTRANCE FEE AND MEMBERSHIP FEE OF THE FIRST PETITIONER. EXHIBIT P3(a) TRUE PHOTOCOPY OF THE RECEIPT ISSUED BY THE 2ND RESPONDENT SOCIETY DATED 03.01.2008 SHOWING THE ACCEPTANCE OF ENTRANCE FEE AND MEMBERSHIP FEE OF THE SECOND PETITIONER. EXHIBIT P3(b) TRUE PHOTOCOPY OF THE RECEIPT ISSUED BY THE 2ND RESPONDENT SOCIETY DATED 03.01.2008 SHOWING THE ACCEPTANCE OF ENTRANCE FEE AND MEMBERSHIP FEE OF THE THIRD PETITIONER. EXHIBIT P3(c) TRUE PHOTOCOPY OF THE RECEIPT ISSUED BY THE 2ND RESPONDENT SOCIETY DATED 04.01.2008 SHOWING THE ACCEPTANCE OF ENTRANCE FEE AND MEMBERSHIP FEE OF THE FOURTH PETITIONER. EXHIBIT P3(d) TRUE PHOTOCOPY OF THE RECEIPT ISSUED BY THE 2ND RESPONDENT SOCIETY DATED 05.01.2008 SHOWING THE ACCEPTANCE OF ENTRANCE FEE AND MEMBERSHIP FEE OF THE FIFTH PETITIONER. EXHIBIT P4 TRUE PHOTOCOPY OF THE RECEIPT ISSUED BY THE 2ND RESPONDENT SOCIETY BY TRANSFER AND CREDITING THE SUSPENSE ACCOUNT TOWARDS MEMBERSHIP OF FIRST PETITIONER DATED 07.01.2008. EXHIBIT P4(a) TRUE PHOTOCOPY OF THE RECEIPT ISSUED BY THE 2ND RESPONDENT SOCIETY BY TRANSFER AND CREDITING THE SUSPENSE ACCOUNT TOWARDS MEMBERSHIP OF SECOND PETITIONER DATED 07.01.2008. EXHIBIT P4(b) TRUE PHOTOCOPY OF THE RECEIPT ISSUED BY THE 2ND RESPONDENT SOCIETY BY TRANSFER AND CREDITING THE SUSPENSE ACCOUNT TOWARDS MEMBERSHIP OF THIRD PETITIONER DATED 07.01.2008. EXHIBIT P4(c) TRUE PHOTOCOPY OF THE RECEIPT ISSUED BY THE 2ND RESPONDENT SOCIETY BY TRANSFER AND CREDITING THE SUSPENSE ACCOUNT TOWARDS MEMBERSHIP OF FOURTH PETITIONER DATED 07.01.2008. EXHIBIT P4(d) TRUE PHOTOCOPY OF THE RECEIPT ISSUED BY THE 2ND RESPONDENT SOCIETY BY TRANSFER AND CREDITING THE SUSPENSE ACCOUNT TOWARDS MEMBERSHIP OF FIFTH PETITIONER DATED 07.01.2008.
EXHIBIT P5 TRUE PHOTOCOPY OF THE DETAILS OF THE LOAN AVAILED BY THE FIRST PETITIONER FROM THE SECOND RESPONDENT DATED NIL. EXHIBIT P5(a) TRUE PHOTOCOPY OF THE DETAILS OF THE LOAN AVAILED BY THE SECOND PETITIONER FROM THE SECOND RESPONDENT DATED NIL. EXHIBIT P5(b) TRUE PHOTOCOPY OF THE DETAILS OF THE LOAN AVAILED BY THE THIRD PETITIONER FROM THE SECOND RESPONDENT DATED NIL. EXHIBIT P5(c) TRUE PHOTOCOPY OF THE DETAILS OF THE LOAN AVAILED BY THE FOURTH PETITIONER FROM THE SECOND RESPONDENT DATED NIL. EXHIBIT P5(d) TRUE PHOTOCOPY OF THE DETAILS OF THE LOAN AVAILED BY THE FIFTH PETITIONER FROM THE SECOND RESPONDENT DATED NIL. RESPONDENTS EXHIBITS EXHIBITS R2(a) TRUE PHOTOCOPY OF THE MEMBERSHIP APPLICATION OF THE FIRST PETITIONER DATED 02.01.2008 APPROVED BY THE SECOND RESPONDENT. EXHIBITS R2(b) TRUE PHOTOCOPY OF THE MEMBERSHIP
APPLICATION OF THE SECOND PETITIONER DATED 03.01.2008 APPROVED BY THE COMMITTEE OF THE SECOND RESPONDENT. EXHIBITS R2(c ) TRUE PHOTOCOPY OF THE MEMBERSHIP APPLICATION OF THE THIRD PETITIONER DATED 03.01.2008 APPROVED BY THE COMMITTEE OF THE SECOND RESPONDENT. EXHIBITS R2(d) TRUE PHOTOCOPY OF THE MEMBERSHIP APPLICATION OF THE FOURTH PETITIONER DATED 04.01.2008 APPROVED BY THE COMMITTEE OF THE SECOND RESPONDENT. EXHIBITS R2(e) TRUE PHOTOCOPY OF THE MEMBERSHIP APPLICATION OF THE FIFTH PETITIONER DATED 05.01.2008 APPROVED BY THE COMMITTEE OF THE SECOND RESPONDENT.
EXHIBITS R2(f) TRUE PHOTOCOPY OF THE ELECTION IDENTITY CARD OF THE FIRST PETITIONER DATED 10.11.1998 PRODUCED ALONG WITH MEMBERSHIP APPLICATION. EXHIBITS R2(g) TRUE PHOTOCOPY OF THE ELECTION IDENTITY CARD OF THE SECOND PETITIONER DATED 03.11.1998 PRODUCED ALONG WITH MEMBERSHIP APPLICATION. EXHIBITS R2(h) TRUE PHOTOCOPY OF THE ELECTION IDENTITY CARD OF THE THIRD PETITIONER DATED 10.03.2001 PRODUCED ALONG WITH MEMBERSHIP APPLICATION. EXHIBITS R2(i) TRUE PHOTOCOPY OF THE ELECTION IDENTITY CARD OF THE FOURTH PETITIONER DATED 10.11.1998 PRODUCED ALONG WITH MEMBERSHIP APPLICATION. EXHIBITS R2(j) TRUE PHOTOCOPY OF THE ELECTION IDENTITY CARD OF THE FIFTH PETITIONER DATED 07.11.1998 PRODUCED ALONG WITH MEMBERSHIP APPLICATION. // True Copy // PA To Judge