IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE SATHISH NINAN THURSDAY, THE 3^RD DAY OF FEBRUARY 2022 / 14TH MAGHA, 1943 WP(C) NO. 3348 OF 2022 PETITIONER:

M K SHANAVAS AGED 56 YEARS S/O. M. K. KANDAN, MANALODIYIL, D. M. C. ROAD, VATTAKUNNAM, EDAPPALLY, KALAMASSERY - 683 104.

BY ADV P.P.JACOB RESPONDENTS:

1 THE KALAMASSERY SERVICE CO-OPERATIVE BANK LTD NO 3046 KALAMASSERY, ERNAKULAM, PIN - 683 104, REPRESENTED BY ITS SECRETARY.

2 THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES (G), ERNAKULAM.

OFFICE OF THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES (G), ERNAKULAM, 5TH FLOOR, NEW BLOCK, CIVIL STATION, KAKKANADU -

682 030.

3 GOPI V.

KOZHIKKATTIL HOUSE, SOCIETY ROAD, NORTH KALAMASSERY - 683

104.

OTHER PRESENT:

G.P SRI SHAMEER. PM THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON

03.02.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

SATHISH NINAN, J.

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W.P.(C) No.3348 of 2022 = = = = = = = = = = = = = = = = = =

Dated this the 3^rd day of February, 2022

J U D G M E N T

Order of disqualification of the petitioner from the Managing Committee of the first respondent Society under Rule 44(3) is under challenge in this writ petition.

2. Admittedly, the order impugned is appealable in nature. I do not find any reason to entertain the challenge by way of a proceeding under Article 226 of the Constitution.

3. The Writ Petition is dismissed without prejudice to the rights of the petitioner to avail the statutory remedy.

Sd/-

SATHISH NINAN JUDGE kns/-

//True Copy// P.S. to Judge APPENDIX OF WP(C) 3348/2022 PETITIONER EXHIBITS Exhibit P1 TRUE PHOTOCOPY OF THE NOTICE DATED 8.3.21 ISSUED BY THE FIRST RESPONDENT TO THE PETITIONER.

Exhibit P2 TRUE PHOTOCOPY OF THE REPLY DATED 22.3.21 ISSUED BY THE PETITIONER TO THE FIRST RESPONDENT.

Exhibit P3 TRUE PHOTOCOPY OF THE LETTER ISSUED BY THE SECOND RESPONDENT TO THE PETITIONER DATED

8.7.22.

Exhibit P4 TRUE PHOTOCOPY OF THE NOTICE DATED 11.01.2021 ISSUED BY THE SECOND RESPONDENT TO THE PETITIONER.

Exhibit P5 TRUE PHOTOCOPY OF THE STATEMENT DATED NIL FILED BEFORE THE SECOND RESPONDENT.

Exhibit P6 TRUE PHOTOCOPY OF THE ORDER PASSED BY THE SECOND RESPONDENT DATED 21.01.2022.

Exhibit P7 TRUE PHOTOCOPY OF THE CLAUSE 37(A) (B)(1) OF THE BYELAW OF THE FIRST RESPONDENT, RELEVANT PORTION OF THE BYELAW PAGES 1, 18 & 19.

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