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Babukuttan @ Bahuleyan Nair

High Court Of Kerala|08 December, 2014
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JUDGMENT / ORDER

The petitioner had filed the above writ petition seeking consideration of Ext.P2 report under Section 65 of the Kerala Co-operative Societies Act, 1969, against the Managing Committee members of the 3rd respondent Society. Subsequently, the report was acted upon and an order was issued superseding the Managing Committee. The said supersession was the subject of challenge in W.P(C) No.28832/2009 filed by the 4th respondent, who was the President of the Managing Committee. By judgment dated 03.08.2012, the above writ petition was allowed. 2. It was clearly held by a learned Single Judge of this Court that no further proceedings can be taken against any of the members of the managing committee on the basis of the allegations in Ext.P9, especially since the Managing Committee has already gone out of office. In such circumstance, the matter has become infructuous. However, the petitioner submits that, there are other persons who are WPC.No.4206/2011 : 2 :
debtors to the Society, as found in Ext.P2, and the respondent Bank should be directed to take proceedings against them. As rightly submitted by the learned counsel for the respondent, none of the said persons are made parties herein. Leaving open the remedy of the petitioner to agitate the said cause before the appropriate authority, the writ petition would stand dismissed as infructuous.
Sd/-
(K. VINOD CHANDRAN, JUDGE) jma //true copy// P.A to Judge
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Title

Babukuttan @ Bahuleyan Nair

Court

High Court Of Kerala

JudgmentDate
08 December, 2014
Judges
  • K Vinod Chandran
Advocates
  • K B Pradeep Smt
  • N G Sindhu