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2022 Supreme(Online)(KER) 19831

HIGH COURT OF KERALA
P.V.KUNHIKRISHNAN, J
CHERIAN P.V.
– Appellant
Versus

THE ANAPANTHY SERVICE CO-OPERATIVE BANK LTD. NO.F 1516 – Respondent
RP 1241 2022



Advocates:
M.SASINDRAN, GEORGE POONTHOTTAM (SR.), C.M.NAZAR, N.RAGHURAJ, T.R.HARIKUMAR, P.P.THAJUDHEEN

A review petition lacks merit if the petitioner is not a party to the original proceedings and their interests are already protected under the existing judgment.

Headnote:

Review - Co-operative Societies - Act Section List - The court dismissed review petitions due to lack of new grounds and the petitioner's non-party status to the original case, affirming the original ruling's protection of the petitioner's interests.

Fact of the Case:

The review petitioner, a member of the Society, sought to challenge a prior judgment regarding complaints against the Society's committee. The petitioner claimed that his interests were not adequately addressed in the initial ruling.

Finding of the Court:

The court concluded that there was no basis for reviewing the judgment, as the petitioner was not a party to the original writ petition. The existing judgment sufficiently protected his concerns.

Issues: Whether the review petition should be granted considering the petitioner's non-party status and the adequacy of the previous judgment's provisions for his interests.

Ratio Decidendi: The court emphasized that review petitions are not warranted when the petitioner lacks standing in the original case and the judgment effectively addresses raised concerns.

Final Decision: The review petitions are dismissed.

O R D E R

After going through the review petitions and the ground mentioned in the review petitions, I am of the opinion that there is nothing to review the judgment. Moreover, the review petitioner is not a party to the writ petition, he is only a member of the Society. The apprehension raised by the review petitioner in the memorandum of review petitions is well protected in the impugned judgment.

Therefore, according to me, there is nothing to review the judgment.

Therefore, this review petitions are dismissed.

SD/-

P.V.KUNHIKRISHNAN JUDGE

SKS

APPENDIX OF RP 1241/2022 PETITIONER ANNEXURES Annexure AI A TRUE COPY OF THE REPRESENTATION DATED

05-12-2017 SUBMITTED BY THE REVIEW PETITIONER BEFORE THE MINISTER FOR CO-

OPERATION Annexure AII A TRUE COPY OF THE COMPLAINT DATED 23-10-

2017 SUBMITTED BY ONE V.K.JOSEPH, BEFORE THE MINISTER Annexure AIII A TRUE COPY OF THE COMPLAINT DATED 18-01-

2018 SUBMITTED BY SRI.V.K.JOSEPH BEFORE THE JOINT REGISTRAR Annexure AIV A TRUE COPY OF THE COMPLAINT DATED 24-09-

2022 SUBMITTED BY FEW MEMBERS OF THE SOCIETY AGAINST THE EXISTING COMMITTEE Annexure AV A TRUE COPY OF THE NOTICE DATED 21-04-

2018 ISSUED BY THE JOINT REGISTRAR TO THE PRESIDENT Annexure AVI A TRUE COPY OF THE ORDER DATED 29-04-2019 ISSUED BY THE JOINT REGISTRAR OF CO-

OPERATIVE SOCIETIES (GENERAL), KANNUR Annexure AVII A TRUE COPY OF THE INTERIM REPORT DATED NIL UNDER SECTION 66 OF THE ACT Annexure AVIII A TRUE COPY OF THE ORDER DATED 22-11-2022 ISSUED BY THE JOINT REGISTRAR FOR AN ENQUIRY UNDER SECTION 65 OF THE ACT APPENDIX OF RP 1200/2022 PETITIONER ANNEXURES Annexure AI . A TRUE COPY OF THE REPRESENTATION DATED

05-12-2017 SUBMITTED BY THE REVIEW PETITIONER BEFORE THE MINISTER FOR CO-

OPERATION Annexure AII A TRUE COPY OF THE COMPLAINT SUBMITTED BY ONE V.K.JOSEPH, BEFORE THE MINISTER Annexure AIII A TRUE COPY OF THE COMPLAINT DATED 18-01-

2018 SUBMITTED BY SRI.V.K.JOSEPH BEFORE THE JOINT REGISTRAR Annexure AIV A TRUE COPY OF THE COMPLAINT SUBMITTED BY FEW MEMBERS OF THE SOCIETY AGAINST THE EXISTING COMMITTEE Annexure AV A TRUE COPY OF THE NOTICE DATED 21-04-

2018 ISSUED BY THE JOINT REGISTRAR TO THE PRESIDENT Annexure AVI A TRUE COPY OF THE ORDER DATED 29-04-2019 ISSUED BY THE JOINT REGISTRAR OF CO-

OPERATIVE SOCIETIES (GENERAL), KANNUR Annexure AVII A TRUE COPY OF THE INTERIM REPORT UNDER SECTION 66 OF THE ACT Annexure AVIII A TRUE COPY OF THE ORDER DATED 22-11-2022 ISSUED BY THE JOINT REGISTRAR FOR AN ENQUIRY UNDER SECTION 65 OF THE ACT

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