High Court of KeralaDivision Bench2021-10-27Writ Appeal dismissed as not maintainable; libe...

Writ Appeal No. 1304 of 2021: Registrar of Co-operative Societies, Thiruvananthapuram vs. Sivadasan Nair and others (WP(C) No. 21049 of 2021)

Case / Petition Number:WA No. 1304 of 2021

Case Details & Bench

Court: High Court of Kerala
Hon'ble Judges: P. B. Suresh Kumar
C. S. Sudha
Judgment Date: 2021-10-27
Court Decision / Holding: Writ Appeal No.1304 of 2021 is dismissed as not maintainable; the ad-interim order in WP(C) No.21049 of 2021 is kept subject to modification within the writ petition. The court leaves open the appellant’s right to seek appropriate modification of the order in the writ petition. The respondents are directed to adhere to the interim safeguards and to ensure that the elected committee’s authority is restored if the circumstances permit, with steps to implead the President who had resigned within three days.
Final Disposition: Writ Appeal dismissed as not maintainable; liberty to seek modification of the order in the writ petition.

Parties to the Case

Appellants / Petitioners

Registrar of Co-operative Societies Office of the Registrar of Co-operative Societies, DPI Junction, Thiruvananthapuram-695014

Respondents

K. Sivadasan Nair (Ex-MLA, Delegate, Thiruvalla Primary Co-operative Agricultural & Rural Development Bank Ltd.)
Philson Mathews (Member, Board of Directors, Kerala State Co-operative Agricultural & Rural Development Bank Ltd.)
Beena Ravisankar (Delegate, Chavakkal Primary Co-operative Agricultural & Rural Development Bank Ltd.)
Avolam Radhakrishnan (Delegate, Badagara Taluk Co-operative Agricultural & Rural Development Bank Ltd.)
V. P. Abdul Rahiman (Delegate, Tirur Primary Co-operative Agricultural & Rural Development Bank Ltd.)
Jomon Mathew (Delegate, Changanassery Taluk Agricultural & Rural Development Bank Ltd.)
K. V. Dasan (Delegate, Thrissur Primary Co-operative Agricultural & Rural Development Bank Ltd.)
Mercy Samuel (Delegate, Pathanamthitta Primary Co-operative Agricultural & Rural Development Bank Ltd.)
K. Neelakandan (Delegate, Kasargod Primary Co-operative Agricultural & Rural Development Bank Ltd.)
T. M. Krishnan (Delegate, Thalapilly Taluk Co-operative Agricultural & Rural Development Bank Ltd.)
S. K. Ananthakrishnan (Delegate, Palakkad Primary Co-operative Agricultural & Rural Development Bank Ltd.)
Pushpa M. (Delegate, Chittur Primary Co-operative Agricultural & Rural Development Bank Ltd.)
S. Muraleedharan Nair (Delegate, Kottarakkara Primary Co-operative Agricultural & Rural Development Bank Ltd.)
Adv. C. K. Shaji Mohan (Delegate, Cherthala Co-operative Agricultural & Rural Development Bank Ltd.)
K. K. Jinnas (Delegate, Aluva Primary Co-operative Agricultural & Rural Development Bank Ltd.)
Gangadharan M. (Delegate)
Kerala State Co-operative Agricultural & Rural Development Bank Ltd. (17)
The Administrator, Kerala State Co-operative Agricultural & Rural Development Bank Ltd. (18)

Legal Representation & Advocates

Counsels for Petitioners

• Adv. T. K. Vipindas, Government Pleader

Counsels for Respondents

• Adv. George Poonthottam (Sr.), Adv. Arun Chandran, Adv. M. A. Asif

Case Synopsis & Summary

This writ appeal challenges an order dated 04.10.2021 passed by the Kerala High Court in WP(C) No.21049 of 2021. The Registrar of Co‑operative Societies, as appellant, seeks relief from an interim order that stayed further actions pursuant to a Government Order (Ext.P8) and directed that, if the third respondent had assumed office, the matter should be restored to the elected committee forthwith. The General Body Meeting held on 30.09.2021 is central to the dispute, which concerns the administration of a network of primary cooperative banks across Kerala. The court noted that even if the sequence of events stated in the General Body Meeting were correct, removal of the elected Managing Committee in favor of an Administrator was not necessarily warranted. It ordered that all further proceedings pursuant to Ext.P8 be kept in abeyance and that, if the third respondent had assumed office, the matter be handed to the elected committee. It further directed impleadment of the President who had resigned as a party to WP(C) No. 21049/2021, with steps to be taken within three days. The legality of the appeal was examined under Section 5 of the Kerala High Court Act, 1958, with reference to the Larger Bench decision in K.S. Das v. State of Kerala (1992) 2 KLT 358 and a related decision in W.A. No.1339 of 2021. Ultimately, the Division Bench dismissed the writ appeal as not maintainable, while leaving open the possibility of seeking modification of the order within the writ petition.

Provisions of Law Cited

Section 5 of the Kerala High Court Act, 1958

Submissions & Arguments

Contentions of Appellants / Petitioners

The appellant contends that the impugned order is an ad-interim/interlocutory order passed at the admission stage of WP(C) No.21049 of 2021. It argues that the writ appeal is maintainable under Section 5 of the Kerala High Court Act, 1958, and relies on the Larger Bench decision in K.S. Das v. State of Kerala (1992) 2 KLT 358, as well as the precedent cited in W.A. No.1339 of 2021, to challenge the maintainability issue. The appellant seeks modification of the order in the writ petition and contends that the interim arrangement should be reviewable and not treated as a final removal of the elected Managing Committee.

Contentions of Respondents

The respondents rely on the principle that an appeal against an interim/ad-interim order at admission is not maintainable under Section 5, as laid down in the Larger Bench decision in K.S. Das v. State of Kerala and subsequent related decisions, including W.A. No.1339 of 2021. They contend that the impugned order is able to effect a de facto change at the outset, and that the remedy lies in challenging the order within the writ petition rather than via a writ appeal. They emphasize the need to adhere to established judicial constraints on appeals against interlocutory orders.

Cited Precedents (2)

Case Name	Citation	Treatment	Explanation
K.S. Das v. State of Kerala	1992 (2) KLT 358	Positive	The Larger Bench decision is cited as controlling authority on the maintainability of appeals against interim orders; the court applies this principle to dismiss the writ appeal as not maintainable.
W.A.No.1339 of 2021	—	Positive	Cited as supportive precedent aligning with the view that the appeal against an interim order at admission is not maintainable.

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Extracted Judgment Text

Exact text extracted from official judgment records.

## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** ## **THE HONOURABLE MR. JUSTICE P.B.SURESH KUMAR** ## **&** **THE HONOURABLE MRS. JUSTICE C.S. SUDHA** **WEDNESDAY, THE 27[TH] DAY OF OCTOBER 2021 / 5TH KARTHIKA,** ## **1943** **WA NO. 1304 OF 2021** **AGAINST THE ORDER DATED 04.10.2021 IN WP(C) 21049/2021 OF** **HIGH COURT OF KERALA, ERNAKULAM** ## **APPELLANT/1ST RESPONDENT IN WP(C):** **REGISTRAR OF CO-OPERATIVE SOCIETIES OFFICE OF THE REGISTRAR OF CO-OPERATIVE SOCIETIES, DPI JUNCTION, THIRUVANANTHAPURAM-695 014** ## **BY ADV T.K.VIPINDAS GOVERNMENT PLEADER** ## **RESPONDENTS/PETITIONERS & RESPONDENTS 2 & 3 IN WP(C):** **1 K.SIVADASAN NAIR EX-MLA, DELEGATE, THIRUVALLA PRIMARY COOPERATIVE AGRICULTURAL & RURAL DEVELOPMENT BANK LTD.NO.A-159, THIRUVALLA, PATHANAMTHITTA DISTRICT-689 101** - **2 PHILSON MATHEWS** **MEMBER, BOARD OF DIRECTORS, KERALA STATE COOPERATIVE AGRICULTURAL AND RURAL DEVELOPMENT BANK LTD.NO.T-4017, AGRICULTURAL DEVELOPMENT BANK BUILDING, STATUE JUNCTION, THIRUVANANTHAPURAM-695 001** **3 BEENA RAVISANKAR** 2 WA No.1304 of 2021 **DELEGATE, CHAVAKKAL PRIMARY CO-OPERATIVE AGRICULTURAL AND RURAL DEVELOPMENT BANK LTD.NO.R-1355, CHAVAKKAD, THRISSUR DISTRICT-680 101** - **4 AVOLAM RADHAKRISHNAN DELEGATE, BADAGARA TALUK CO-OPERATIVE AGRICULTURAL AND RURAL DEVELOPMENT BANK LTD.NO.F-1857, KAKKATTIL, VADAKARA, KOZHIKKODE DISTRICT** - **5 V.P.ABDU RAHIMAN DELEGATE, TIRUR PRIMARY CO-OPERATIVE AGRICULTURAL AND RURAL DEVELOPMENT BANK LTD.NO.M.11, TIRUR P.O., MALAPPURAM DISTRICT** - **6 JOMON MATHEW DELEGATE , CHANGANASSERY TALUK AGRICULTURAL AND RURAL DEVELOPMENT BANK LTD.NO K-1119, KARUKACHAL P.O., KOTTAYAM DISTRICT** - **7 K.V.DASAN DELEGATE, THRISSUR PRIMARY CO-OPERATIVE AGRICULTURAL AND RURAL DEVELOPMENT BANK LTD.NO329, CIVIL LANE ROAD, THRISSUR** - **8 MERCY SAMUEL DELEGATE, PATHANAMTHITTA PRIMARY CO-OPERATIVE AGRICULTURAL AND RURAL DEVELOPMENT BANK LTD.NO.Q-390, PATHANAMTHITTA, PATHANAMTHITTA DISTRICT** - **9 K.NEELAKANDAN DELEGATE, KASARGOD PRIMARY CO-OPERATIVE AGRICULTURAL & RURAL DEVELOPMENT BANK LTD.NO.FF 113, NAYAKS ROAD, KASARGOD DISTRICT-671 121** 3 WA No.1304 of 2021 - **10 T.M.KRISHNAN** **DELEGATE, THALAPILLY TALUK CO-OPERATIVE AGRICULTURAL AND RURAL DEVELOPMENT BANK LTD.NO.R-1354, WADAKKANCHERY, THRISSUR DISTRICT** - **11 S.K.ANANTHAKRISHNAN DELEGATE, PALAKKAD PRIMARY CO-OPERATIVE AGRICULTURAL AND RURAL DEVELOPMENT BANK LTD.NO.F-1029, R.C ROAD, PALAKKAD DISTRICT, -678 014** - **12 PUSHPA M. DELEGATE, CHITTUR PRIMARY CO-OPERATIVE AGRICULTURAL AND RURAL DEVELOPMENT BANK LTD.NO.P-619, ANICODE, PALAKKAD DISTRICT** - **13 S.MURALEEDHARAN NAIR DELEGATE, KOTTARAKKARA PRIMARY CO-OPERATIVE AGRICULTURAL AND RURAL DEVELOPMENT BANK LTD.NO.Q 1511, PULAMAN P.O., KOTTARAKKARA, KOLLAM DISTRICT** - **14 ADV. C.K.SHAJI MOHAN** - **DELEGATE, CHERTHALA, CO-OPERATIVE AGRICULTURAL & RURAL DEVELOPMENT BANK LTD.NO.A-327, CHERTHALA P.O., ALAPPUZHA DISTRICT-688 522** - **15 K.K.JINNAS DELEGATE, THE ALUVA PRIMARY CO-OPERATIVE AGRICULTURAL AND RURAL DEVELOPMENT BANK LTD.NO 87, ALUVA, ERNAKULAM DISTRICT-683 101** - **16 GANGADHARAN M.** - **S/O. KUNJIRAMAN NAMBIAR, AGED 70 YEARS, RESIDING AT MEENOTT HOUSE, ECHOOR P.O., KANNUR DISTRICT670 591** 4 WA No.1304 of 2021 - **17 KERALA STATE CO-OPERATIVE AGRICULTURAL AND RURAL DEVELOPMENT BANK LTD.NO.T-4017** - **AGRICULTURAL DEVELOPMENT BANK BUILDING, STATUE JUNCTION, THIRUVANANTHAPURAM-695 001, REPRESENTED BY THE MANAGING DIRECTOR** - **18 THE ADMINISTRATOR** - **KERALA STATE CO-OPERATIVE AGRICULTURAL AND RURAL DEVELOPMENT BANK LTD.NO.T-4017, AGRICULTURAL DEVELOPMENT BANK BUILDING, STATUE JUNCTION, THIRUVANANTHAPURAM-695 001** **BY ADVS. GEORGE POONTHOTTAM (SR.) ARUN CHANDRAN M.A.ASIF** **THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON** **27.10.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** WA No.1304 of 2021 5 ## **P.B.SURESH KUMAR & C.S.SUDHA, JJ.** **----------------------------------------------Writ Appeal No.1304 of 2021** ## **-----------------------------------------------** ## **Dated this the 27[th] day of October, 2021** ## **JUDGMENT** ## **P.B.Suresh Kumar, J.** This appeal is directed against the order dated 04.10.2021 in W.P.(C) No.21049 of 2021. The first respondent in the writ petition is the appellant. ## 2. The order impugned in the appeal reads thus: “Admit. Government Pleader takes notice for the respondents. 2. Prima facie, I am of the opinion that, even if the sequence of events stated to have taken place in the General Body Meeting of the second respondent Society held on 30.09.2021 are correct, the same need not entail in the removal of the elected Managing Committee from the office to be substituted with an Administrator. 3. In the circumstances it is ordered that, all further proceedings pursuant to Ext.P8 order shall be kept in abeyance. If the third respondent has assumed office, the 6 WA No.1304 of 2021 same shall be handed over to the elected committee forthwith. 4. The petitioner shall implead the President of the Committee who is stated to have resigned from office, as a party to the writ petition. Steps to be taken within three days.” On a query from the court as to whether the appeal is maintainable in the light of the Larger Bench decision of this Court in **K.S.Das v. State of Kerala** , 1992 (2) KLT 358, the learned Government Pleader submitted that the order is in the nature of one allowing the writ petition itself and therefore, the appeal is maintainable under Section 5 of the Kerala High Court Act, 1958. 3. The learned Government Pleader does not dispute the fact that the impugned order is one passed at the time of admission of the writ petition. A reading of the order would indicate that it is not intended to be in force until the disposal of the matter and that the same was intended to be in force until varied or modified. In other words, the impugned order is an _ad interim_ order. If that be so, the appeal is not WA No.1304 of 2021 7 maintainable in the light of the decision of the Larger Bench of this Court in **K.S.Das** and the decision of this Court in W.A.No.1339 of 2021. In the said view of the matter, the writ appeal is dismissed as not maintainable, leaving open the right of the appellant to seek appropriate modification of the order in the writ petition. **Sd/-** **P.B.SURESH KUMAR JUDGE** ## **Sd/-** **C.S. SUDHA JUDGE** Mn 8 WA No.1304 of 2021 ## **APPENDIX OF WA 1304/2021** ## **PETITIONER ANNEXURE** **Annexure A1 TRUE COPY OF THE G.O.(P) NO.123/2021/CO-OP DATED 4.8.2021** **Annexure A2 TRUE COPY OF THE RESIGNATION LETTER SUBMITTED BY THE PRESIDENT OF THE BANK DATED 30.9.2021 SUBMITTED BEFORE THE APPELLANT Annexure A3 TRUE COPY OF THE REPORT SUBMITTED BY THE OBSERVER DATED 30.9.2021** **Annexure A4 TRUE COPY OF THE NOTICE DATED 1.10.2021 ISSUED BY THE 17TH RESPONDENT**