K.V Ravindran v. State of Kerala

## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** ## **THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN** **FRIDAY ,THE 22ND DAY OF FEBRUARY 2019 / 3RD PHALGUNA, 1940** ## **WP(C).No. 701 of 2019** ## **PETITIONER:** **K.V RAVINDRAN AGED 54 YEARS S/O K.P. VASU, (MEMBERSHIP NO.34991 OF THE GURUVAYOOR CO-OPERATIVE URBAN BANK LTD., GURUVAYOOR, THRISUSR DISTRICT, RESIDING AT KURUMBOOR HOUSE, ORUMANAYOOR P.O., THRISSUR DISTRICT-680 512.** ## **BY ADV. SRI.ARAVIND UNNI** ## **RESPONDENTS:** - **1 STATE OF KERALA REPRESENTED BY THE SECRETARY TO DEPARTMENT OF COOPERATION, GOVERNMENT OF KERALA, TRIVANDRUM-695 001** - **2 THE REGISTRAR OF CO-OPERATIVE SOCIETY OFFICE OF THE REGISTRAR, TRIVANDRUM-695 001.** - **3 JOINT REGISTRAR (GENERAL) OF CO-OPERATIVE SOCIETY THRISSUR, THRISSUR DISTRICT-680 001.** - **4 ASSISTANT REGISTRAR (GENERAL) CHAVAKKAD THRISSUR DISTRICT-680 058.** - **5 THE STATE CO-OPERATIVE ELECTION COMMISSION 3RD FLOOR, CO-BANK TOWERS, VIKAS BHAVAN P.O., THIRUVANANTHAPURAM-695 033. REPRESENTED BY ITS SECRETARY.** - **6 THE GURUVAYOOR CO-OPERATIVE URBAN BANK LTD., GURUVAYOOR, THRISSUR DISTRICT-680022, REPRESENTED BY ITS SECRETARY.** ## **W.P.(C)No.701 of 2019** ## **:-2-:** - **7 THE MANAGING COMMITTEE** **THE GURUVAYOOR CO-OPERATIVE URBAN BANK LTD., GURUVAYOOR, THRISSUR DISTRICT-680022, REPRESENTED BY ITS PRESIDENT.** - **ADDL.8 VENUGOPAL V.** **AGED 62, MEMBERSHIP NO.9396 OF THE GURUVAYOOR COOPERATIVE URBAN BANK LTD., GURUVAYOOR, THRISSUR DISTRICT, RESIDING AT KODAMANA HOUSE, THIRUVENGIDAM, GURUVAYOOR P O., THRISSUR DISTRICT - 680101.** ## **ADDL9 UDHAYAN K.P.** - **AGED 40, MEMBERSHIP NO.32515 OF THE GURUVAYOOR COOPERATIVE URBAN BANK LTD., GURUVAYOOR, THRISSUR DISTRICT, S/O.SARASWATHI AMMA, RESIDING AT KURUVANGATT PUTHANVEETIL, THIRUVENKIDAM, GURUVAYOOR P O., THRISSUR DISTRICT - 680101.** ## **ADDL10 ARAVINTHAKSHAN NAIR** - **AGED 52, MEMBERSHIP NO.9313 OF THE GURUVAYOOR COOPERATIVE URBAN BANK LTD., GURUVAYOOR, THRISSUR DISTRICT, RESIDING AT PALLATH HOUSE, MAMMIYOOR, GURUVAYOOR P O., THRISSUR DISTRICT - 680101.** - **ADDL11 SIVADAS M.S.** - **AGED 43, MEMBERSHIP NO.32292 OF THE GURUVAYOOR COOPERATIVE URBAN BANK LTD., GURUVAYOOR, THRISSUR DISTRICT, RESIDING AT MATHRAMKOTTU, THIRUVATHRA P.O., CHAVAKKAD, THRISSUR DISTRICT - 680516.** ## **ADDL12 SHIJITHA C.S.** - **AGED 32, MEMBERSHIP NO.40651 OF THE GURUVAYOOR COOPERATIVE URBAN BANK LTD., GURUVAYOOR, THRISSUR DISTRICT, RESIDING AT CHOZHIDAKATH HOUSE, THIRUVATHRA P.O., CHAVAKKAD, THRISSUR DISTRICT - 680516.** ## **ADDL13 YETHEENTHRADAS P.** **AGED 57 YEARS, MEMBERSHIP NO.8041 OF THE GURUVAYOOR CO-OPERATIVE URBAN BANK LTD., GURUVAYOOR, THRISSUR DISTRICT, S/O.VELAYUDHAN P.R., RESIDING AT PONNARASSERI HOUSE, MANATHALAPUNNA, CHAVAKKAD P.O., THRISSUR DISTRICT - 680506.** ## **W.P.(C)No.701 of 2019** ## **:-3-:** ## **ADDL14 VEERAMANI K.D.** **AGED 50 YEARS, MEMBERSHIP NO.31671 OF THE GURUVAYOOR CO-OPERATIVE URBAN BANK LTD., GURUVAYOOR, THRISSUR DISTRICT, S/O.DASAN, RESIDING AT KIZHAKKAKATH HOUSE, KADAPPURAM, BLANGAD P.O., CHAVAKKAD, THRISSUR DISTRICT - 680506.** ## **ADDL15 ANTO THOMAS** **AGED 45, MEMBERSHIP NO.30392 OF THE GURUVAYOOR COOPERATIVE URBAN BANK LTD., GURUVAYOOR, THRISSUR DISTRICT, RESIDING AT CHEERAN HOUSE, VAZHAPULLY, PERAKAM P.O., CHAVAKKAD, THRISSUR DISTRICT - 680506.** ## **ADDL16 ABUBAKKAR R.A.** **AGED 40 YEARS, MEMBERSHIP NO.40650 OF THE GURUVAYOOR CO-OPERATIVE URBAN BANK LTD., GURUVAYOOR, THRISSUR DISTRICT, RESIDING AT RAMANATH HOUSE, THAIKKAD P.O., GURUVAYOOR, THRISSUR DISTRICT - 680104.** ## **ADDL17 VASU K.I.** **AGED 42 YEARS, MEMBERSHIP NO.22562 OF THE GURUVAYOOR CO-OPERATIVE URBAN BANK LTD., GURUVAYOOR, THRISSUR DISTRICT, S/O.ITTIKORAN, RESIDING AT KUNDU HOUSE, ORUMANAYUR P O., THRISSUR DISTRICT - 680512.** ## **ADDL18 SUBAIDA** **AGED 45 YEARS, MEMBERSHIP NO.12309 OF THE GURUVAYOOR CO-OPERATIVE URBAN BANK LTD., GURUVAYOOR, THRISSUR DISTRICT, W/O.ABDUL GAFOOR, RESIDING AT KANAPULLI HOUSE, MANATHALA, CHAVAKKAD P O., THRISSUR DISTRICT - 680506.** ## **ADDL19 SATHAR P.** **AGED 50 YEARS, MEMBERSHIP NO.31867 OF THE GURUVAYOOR CO-OPERATIVE URBAN BANK LTD., GURUVAYOOR, THRISSUR DISTRICT, S/O.KUNJAVARASUKUTTY, RESIDING AT PUTHUVEETIL HOUSE, VAZHAPULLY, PERAKAM, CHAVAKKAD P.O., THRISSUR DISTRICT - 680506.** ## **W.P.(C)No.701 of 2019** **:-4-:** **ADDL20 LAILA MAJEED** **MEMBERSHIP NO.25843 OF THE GURUVAYOOR CO-OPERATIVE URBAN BANK LTD., GURUVAYOOR, THRISSUR DISTRICT, D/O.NAFEESA, RESIDING AT KANATTU HOUSE, MANATHALAPUNNA, CHAVAKKAD P.O., THRISSUR DISTRICT - 680506.** **ADDL21 THE PART TERM ADMINISTRATOR** **THE GURUVAYOOR CO-OPERATIVE URBAN BANK LTD., GURUVAYOOR, THRISSUR DISTRICT - 680101. (ADDL.RESPONDENTS NOS.8 TO 21 WERE IMPLEADED AS PER ORDER DATED 23.01.2019 IN IA 1/19.)** **BY ADVS. SRI.D.SOMASUNDARAM SRI.GEORGE POONTHOTTAM (SR.) SMT.NISHA GEORGE SRI.ARJUN RAGHAVAN SRI.T.R.HARIKUMAR SRI.MABLE C.KURIEN, SR.GOVERNMENT PLEADER** **THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 22.02.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** ## **W.P.(C)No.701 of 2019** ## **:-5-:** ## **J U D G M E N T** The petitioner, who is a member of the 6th respondent Bank, which is a Society registered under the Kerala Co-operative Societies Act, 1969, and the rules made thereunder, has filed this writ petition under Article 226 of the Constitution of India, seeking a writ of mandamus commanding respondents 3 to 5 to conduct an inquiry within the prescribed time limit on Exts.P1 and P2 complaints; and a writ of mandamus commanding the 5th respondent to remove the ineligible members from the voters list and conduct an inquiry on the bulk collection of bogus ID cards. 2. On 15.1.2019 when this writ petition came up for admission, this Court passed the following order; “The petitioner, who is a member of the 6[th] respondent Bank, which is a Society registered under the Kerala Co-operative Societies Act and the Rules made thereunder, has filed this ## **W.P.(C)No.701 of 2019** ## **:-6-:** writ petition under Article 226 of the Constitution of India, seeking a writ of mandamus commanding respondents 3 to 5 to conduct enquiry on Exts.P1 and P2 complaints, within a time limit to be fixed by this Court. The further relief sought for is a writ of mandamus commanding the 5[th] respondent to remove ineligible members from the voters list and to conduct an enquiry on the bulk collection of bogus identity cards. 2. In the writ petition, allegations are made against the members of the Managing Committee holding office till a Part-time Administrator has been appointed, in terms of the order of this Court, in another writ petition. 3. In **Prabodh Verma v. State of U.P. [(1984) 4 SCC 251]** a Three-Judge Bench of the Apex Court held that a High Court ought not to hear and dispose of a writ petition under Article 226 of the Constitution without the persons who would be vitally affected by its judgment being before it as respondents or at least some of them before it as respondents in a representative capacity, if their number is too large to join them as respondents individually, and, if the petitioners refuse to so join them the High Court ought to dismiss the petition for non-joinder of ## **W.P.(C)No.701 of 2019** ## **:-7-:** necessary parties. 4. The learned counsel for the petitioner seeks time to file an application to implead the members of the 7[th] respondent Managing Committee against whom allegations are made. The learned counsel also seeks time to implead the Part-time Administrator. List on 23.01.2019.” 3. Thereafter, on 23.1.2019, when this writ petition came up for further consideration, this Court allowed I.A.No.1/2019 filed by the petitioner, seeking an order to implead the members of the Managing Committee and also the Part-time Administrator of the 6th respondent Bank as additional respondents 8 to 21. This Court has issued notice by special messenger to respondents 6 and 7 and also to additional respondents 8 to 20. 4. Today when the case is taken up for further consideration, it is submitted by the learned counsel for the petitioner that the election to the Managing Committee of the 6th ## **W.P.(C)No.701 of 2019** **:-8-:** respondent Bank has already been conducted on 3.2.2019 and the elected committee has already taken charge. As the reliefs sought for in this writ petition have become infructuous, this writ petition may be dismissed as withdrawn, without prejudice to the right of the petitioner to raise any dispute in connection with the election held on 3.2.2019 to the Managing Committee of the 6th respondent Bank, by invoking the statutory provisions under Section 69 of the Act, by approaching the Co-operative Arbitration Court. In such circumstances, recording the above submission made by the learned counsel for the petitioner, this writ petition is dismissed as withdrawn, reserving the aforesaid right of the petitioner. Sd/- **ANIL K.NARENDRAN JUDGE** ami/