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2008 Supreme(Ker) 551

THOTTATHIL B.RADHAKRISHNAN
Managing Committee of Kandalloor – Appellant
Versus
Joint Registrar of Co-Operative Societies – Respondent


Advocates Appeared:For the Petitioner:George Poonthottam, Advocate. For The Respondent:K. Ramakumar (Sr.), Advocate.

Judgment :-

"CR"

1. These writ petitions are by the managing committee of a Co-operative Bank. That committee was superseded as per order dated 20-2-2008 which is marked Ext.P11 in WP(C).7339/2008. WP(C). 4661/2008 was filed challenging the notice dated 29-1-2008 issued under Section 32(1) of the Kerala Co-operative Societies Act, 1969, hereinafter referred to as the "Act". That document is Ext.P4 in WP(C).7339/2008. Noticing the different contentions in WP(C).4661/2008, an interim order was issued on 8-2-2008 in that case. It was thereafter that the order impugned in WP(C).7339/2008, Ext.P11 therein, was issued by the Joint Registrar exercising the powers of the Registrar. The implementation and all further proceedings pursuant to that order stand stayed as per interim order dated 3-3-2008 granted at the stage of admission of WP(C).7339/2008.

2. Having regard to the pleadings, materials and the issues arising for decision, these writ petitions are heard jointly and are being decided as per this common judgment by making reference to the documents as are placed in WP(C).7339/2008.

3. In the gist, the contentions of the petitioner are that the issuance of Ext.P4 notice and Ext.P11 or



















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