Disposed

The Thiruvananthapuram District Co-Operative Marketing and Processing Society Limited v. Assistant Registrar of Co-Operative Societies

Kerala HC3 Jul 2012WP(C)/13737/2012

Case brief

AI extract

What is this about?

Writ petition filed by a co-operative society in Kerala facing financial difficulties. The society sought permission to sell properties to satisfy consumer forum orders. The court directed the Registrar to consider the request expeditiously within one month.

What did the court decide?

Directed the 2nd respondent to consider the petitioner's application for permission to sell properties and pass appropriate orders within one month.

The Thiruvananthapuram District Co-Operative Marketing… — Cooperative Societies | Kerala HC (2012)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT:

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THE HONOURABLE MR.JUSTICE K.SURENDRA MOHAN

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TUESDAY, THE 3RD DAY OF JULY 2012/12TH ASHADHA 1934

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WP(C).No. 13737 of 2012 (N)

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PETITIONER(S):

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THE THIRUVANANTHAPURAM DISTRICT CO-OPERATIVE MARKETING AND PROCESSING SOCIETY LIMITED NO. T. 383, REPRESENTED BY ITS MANAGING DIRECTOR MARKET JUNCTION, NEDUMANGAD, PIN 695 541. BY ADVS.SRI.S.MUHAMMED HANEEFF SMT.K.L.LAKSHMI RANI SRI.R.KRISHNAKUMAR (CHERTHALA)

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RESPONDENT(S):

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1. ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES (GENERAL) NEDUMANGAD 695 541.

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2. REGISTRAR OF CO-OPERATIVE SOCIETIES, THIRUVANANTHAPURAM 695 001.

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3. DISTRICT COLLECTOR

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THIRUVANANTHAPURAM 695 001.

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4. STATE OF KERALA

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REPRESENTED BY ITS SECRETARY

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CO-OPERATIVE DEPARTMENT, SECRETARIAT

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THIRUVANANTHAPURAM 695 001.

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BY GOVT PLEADER SRI. G.GOPAKUMAR

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03-07-2012, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No. 13737 of 2012 (N)

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APPENDIX

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PETITIONER(S) EXHIBITS:

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EXHIBIT P1. A TRUE COPY OF THE RELEVANT EXTRACT OF THE ORDER DT.29.07.2011 IN CC NO.358/2009 OF THE HON'BLE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, THIRUVANANTHAPURAM.

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EXHIBIT P1(a).A TRUE COPY OF THE RELEVANT EXTRACT OF THE ORDER DT.29.07.2011 IN CC NO.68/2010 OF THE HON'BLE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, THIRUVANANTHAPURAM.

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EXHIBIT P1(b).A TRUE COPY OF THE RELEVANT EXTRACT OF THE ORDER DT.29.07.2011 IN CC NO.70/2010 OF THE HON'BLE DISTRICT CONSUMER DISPUTES FORUM, THIRUVANANTHAPURAM.

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EXHIBIT P1(c).A TRUE COPY OF THE RELEVANT EXTRACT OF THE ORDER DT. 29.07.2011 IN CC NO.70/2010 OF THE HON'BLE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, THIRUVANANTHAPURAM.

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EXHIBIT P2. A TRUE COPY OF THE NOTICE IN EA NO.78/2011 OF THE HON'BLE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, THIRUVANANTHAPURAM.

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EXHIBIT P2(a).A TRUE COPY OF THE NOTICE IN EA NO.79/2011 OF THE HON'BLE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, THIRUVANANTHAPURAM.

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EXHIBIT P2(b).A TRUE COPY OF THE NOTICE IN EA NO.80/2011 OF THE HON'BLE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, THIRUVANANTHAPURAM.

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EXHIBIT P3. A TRUE COPY OF THE MINUTES OF GENERAL BODY MEETING OF THE PETITIONER DT.18.12.2011.

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EXHIBIT P4. A TRUE COPY OF THE DECISION OF THE PETITIONER DT.20.04.2012.

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EXHIBIT P4(a).A TRUE COPY OF THE COVERING LETTER ADDRESSED TO THE 2ND RESPONDENT DT.23.04.2012.

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EXHIBIT P5. A TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE THE 3RD RESPONDENT DT.20.05.2012.

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RESPONDENTS' EXHIBITS: NIL.

TRUE COPY

P.A. TO JUDGE.

K.SURENDRA MOHAN,J. --------------------------------------------WP(C).No.13737 of 2012

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---------------------------------------------Dated this the 3^rd day of July, 2012

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J U D G M E N T

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The petitioner is a co-operative society registered under the Kerala Co-operative Societies Act, 1969. The petitioner is indebted to various depositors who have not been paid the amounts deposited by them. The Society is not able to pay the amounts for the reason that they are facing financial difficulties. The petitioner has therefore decided by Ext.P3 resolution to sell some of its properties. Ext.P4 and Ext.P4(a) have been addressed to the authorities for the grant of permission to sell some of their properties. The petitioner complains that the same has not been ordered till date.

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The learned Government Pleader on instructions submits that the 2^nd respondent shall consider Ext.P4 and pass necessary orders thereon, without delay.

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W.P.(C)No.13737 /2012

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: 2 :

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According to the learned counsel appearing for the petitioner, the depositors who are demanding payment had approached the District Consumer Disputes Redressal Forum and have obtained orders directing payments of the amounts due to them. Such orders are in the process of being executed. The 3^rd respondent is the authority who has to take necessary action in the matter. Therefore, the petitioner has submitted Ext.P5 to the 3^rd respondent seeking the grant of some time for making the payments. It is submitted by the counsel that they are not able to make payments because of the delay in getting the necessary permission to sell their properties.

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In the above circumstances, this writ petition is disposed of directing the 2^nd respondent to consider Ext.P4, the request made by the petitioner, in accordance with law and to pass appropriate orders thereon, as expeditiously as possible, at any rate, within a period of one month from the date of receipt of a copy of this judgment. The petitioner shall be at liberty to seek

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W.P.(C)No.13737 /2012

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: 3 :

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appropriate interim orders for keeping the execution proceedings in abeyance, pending grant of the permission that is sought for as per Ext.P4.

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K.SURENDRA MOHAN, JUDGE

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kkj

The Thiruvananthapuram District Co-Operative Marketing and Processing Society Limited v. Assistant Registrar of Co-Operative Societies

Case brief

What is this about?

What did the court decide?

The Thiruvananthapuram District Co-Operative Marketing and Processing Society Limited v. Assistant Registrar of Co-Operative Societies

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

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