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2013 Supreme(Ker) 336

S.SIRI JAGAN, K.RAMAKRISHNAN
T. V. Rajeevan – Appellant
Versus
K. A. Sukumaran – Respondent


Advocate Appeared:
For the Appearing Parties:George Poonthottam, D. Somasundaram, Spl. Govt. Pleader, K. Gopalakrishna Kurup, Senior Advocate, P.C. Sasidharan, K.G. Anil Babu, Mrs. I. Sheela Devi, Advocates, Mrs. P.A. Raziya, Govt. Pleader.

Judgment :-

Siri Jagan, J.

WA Nos. 2131/12 & 2137/12

1. These two writ appeals are filed by the fourth respondent and respondents 1 and 2 respectively in Writ Petition No.28258/2011, challenging the judgment of the learned single Judge in that writ petition. The writ petition was filed by respondents 1 to 3 in these appeals, challenging the proposed action of the appellants in WA No.2137/12 in Superseding the managing committee of the ADAT Farmer’ Service Co-operative Bank, under Section 32 of the Kerala Co-operative Societies Act (hereinafter referred to as the Act) During the pendency of the writ petition, Ext.P13 order under Section 32 of the Act was served on respondents 1 to 3. Thereafter, they amended the writ petition, incorporating a challenge against Ext.P13 order also. The primary contention of respondents 1 to 3 in the writ petition was that Ext.P13 order was passed without complying with the mandatory provisions of Section 32(1) & (2) of the Act, stipulating an opportunity to the managing committee to state their objections against the proposal to supersede and consultation with the Circle Co-operative Union and the Financing Bank. The appellants in these appeals took the



























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