Dismissed

A v. Anantharaman v the Principal Secretary to the

Karnataka HC30 Nov 2021WP/5429/2021

Case brief

AI extract

What is this about?

Challenging an award under the Karnataka Cooperative Societies Act, 1959 via a writ petition, the Karnataka High Court held that an appeal remedy existed under Section 105 of the Act, making this writ unnecessary. The petition was dismissed with liberty to appeal, and time spent is counted towards limitation.

What did the court decide?

Writ petition dismissed with liberty to challenge under Section 105 of the Act; time spent in this litigation to be discounted for limitation.

A v Anantharaman Vs the Principal Secretary to the — Cooperative Societies | Karnataka HC (2021)

¶1

¶2

IN THE HIGH COURT OF KARNATAKA, BENGALURU

¶3

DATED THIS THE 30^TH DAY OF NOVEMBER, 2021

¶4

BEFORE

¶5

THE HON'BLE MR. JUSTICE KRISHNA S.DIXIT

¶6

WRIT PETITION NO.5429 OF 2021(CS-RES)

¶7

BETWEEN:

¶8

A V ANANTHARAMAN, AGED ABOUT 67 YEARS, S/O LATE A VARADARAJAN, R/AT NO.24, 7^TH CROSS, SATHYAMURTHY ROAD, RAMASWAMY PALAYA, KAMMANAHALLI MAIN ROAD, BENGALURU – 560 033. MEMBERSHIP NO.9622 Q

¶9

MURALIDHARA K S, AGED ABOUT 64 YEARS, S/O LATE K C SEETHARAMAIAH, R/AT NO.14, 1^ST CROSS, 8^TH A MAIN, SRINIDHI LAYOUT, VIDYANYAPURAM, BENGALURU – 560 097. MEMBERSHIP NO. MOBILE NO.9845980675.

¶10

...PETITIONERS

¶11

(BY SRI. GEORGE ANTHONY CRAZ, ADVOCATE)

¶12

AND:

¶13

THE PRINCIPAL SECRETARY TO THE DEPARTMENT OF CO-OPERATION, 6^TH FLOOR, M S BUILDINGS, DR B R AMBEDKAR VEEDHI, BENGALURU-560 001.

¶14

THE REGISTRAR OF CO.OPERATIVE SOCIETIES IN KARNATAKA NO.1, ALI ASKAR ROAD, BENGALURU-560 052.

¶15

THE JOINT REGISTRAR OF CO.OPERATIVE SOCIETIES BENGALURU DIVISION, SAHAKARA BHAVAN, MARGOSA ROAD, MALLESWARAM, BENGALURU-560 003.

¶16

¶17

THE INDIAN TELEPHONE INDUSTRIES, EMPLOYEES HOUSING CO.OPERATIVE SOCIETY, DOORVANINAGAR, BENGALURU-560 016. RPTD BY ITS CHIEF EXECUTIVE OFFICER/SECRETARY SHRI SHIVANANDA MATTAPATHY, AGED ABOUT 47 YEARS,

¶18

G S RAMASWAMAIAH, AGED ABOUT 64 YEARS, PRESIDENT, C/O THE INDIAN TELEPHONE INDUSTRIES EMPLOYEES HOUSING CO.OPERATIVE SOCIETY DOORVANINAGAR, BENGALURU-560 016.

¶19

N MUNIKRISHNA, AGED ABOUT 66 YEARS, EX VICE –PRESIDENT AND PRESENT DIRECTOR, C/O THE INDIAN TELEPHONE INDUSTRIES EMPLOYEES HOUSING CO.OPERATIVE SOCIETY DOORVANINAGAR, BENGALURU-560 016.

¶20

M R PRATHAP KUMAR, AGED ABOUT 72 YEARS, DIRECTOR, C/O THE INDIAN TELEPHONE INDUSTRIES EMPLOYEES HOUSING CO.OPERATIVE SOCIETY, DOORVANINAGAR, BENGALURU-560 016.

¶21

C N MAHADEVAIAH, AGED ABOUT 57 YEARS, DIRECTOR, PRESENT AND PAST, C/O THE INDIAN TELEPHONE INDUSTRIES EMPLOYEES HOUSING CO.OPERATIVE SOCIETY DOORVANINAGAR, BENGALURU-560 016.

¶22

SMT B M TATAGIRI MARGARET, AGED ABOUT 64 YEARS, S/O NOT KNOWN, DIRECTOR, PRESENT AND PAST C/O THE INDIAN TELEPHONE INDUSTRIES EMPLOYEES HOUSING CO.OPERATIVE SOCIETY DOORVANINAGAR, BENGALURU-560 016.

¶23

… RESPONDENTS (BY SRI. VINOD KUMAR M, AGA FOR R1 TO R3)

¶24

¶25

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR RELEVANT RECORDS PENDING ON THE FILE OF THE JRCS-R3 PERTIANING TO ORDER DATED 18.01.2021 IN DISPUTE VIDE ANNEXURE-J AND ALSO OTHER RELEVANT RECORDS AND QUASH THE IMPUGNED ORDER DATED 18.01.2021 IN DISPUTE PASSED BY THE LEARNED JRCSR-3 VIDE ANNEXURE-J AND ETC.,

¶26

THIS PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY, THE COURT MADE THE FOLLOWING:-

¶27

ORDER

¶28

The subject matter of this writ petition involves a challenge to the award made under Section 70 of the Karnataka Cooperative Societies Act, 1959.

¶29

Learned AGA on request having accepted notice

¶30

for the respondent Nos. 1 to 3 points out that the petitioner has an alternate & equally efficacious remedy of appeal under Section 105 of the Act, and there is no reason for the Writ Court to grant indulgence in the matter of this kind. This Court agrees with the submission of learned AGA.

¶31

In the above circumstances, this writ petition is disposed off reserving liberty to the petitioner to lay a challenge to the impugned order, in accordance with law.

¶32

Registry to return the impugned order after retaining a copy thereof in the file.

¶33

¶34

However, the period spent in prosecuting this writ

¶35

petition shall be discounted while computing the period of limitation prescribed by law for filing the appeal.

¶36

All contentions are kept open.

¶37

No costs.

¶38