Disposed

C.G.Jayachandran v. the Registrar of Co-Operative Societies, Thiruvananthapuram.

Kerala HC18 Dec 2012WP(C)/30264/2012

Case brief

AI extract

What is this about?

The High Court of Kerala disposed of a writ petition seeking directions to the Joint Registrar Co-operative Societies, Ernakulam to consider a representation alleging forgery and fraud, and to stay recovery proceedings against a physically handicapped co-operative society member.

What did the court decide?

Direction to 2nd respondent to consider representation and pass orders within 3 months after hearing; recovery proceedings kept in abeyance.

C.G.Jayachandran Vs the Registrar of Co-Operative… — 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 HARUN-UL-RASHID

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TUESDAY, THE 18TH DAY OF DECEMBER 2012/27TH AGRAHAYANA 1934 WP(C).No. 30264 of 2012 (G) ---------------------------

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PETITIONER: -----------

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C.G.JAYACHANDRAN, S/O. GOVINDA KINI, AGED 36, JUNIOR ASSISTANT KERALA STATE ROAD TRANSPORT CORPORATION DEPOT CHERTHALA -688 524. BY ADVS.DR.V.N.SANKARJEE SRI.V.N.MADHUSUDANAN SMT.R.UDAYA JYOTHI SRI.N.M.SIYAD

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RESPONDENTS: -----------1. THE REGISTRAR OF CO-OPERATIVE SOCIETIES, THIRUVANANTHAPURAM. PIN - 695 001.

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THE JOINT REGISTRAR CO-OPERATIVE SOCIETIES, ERNAKULAM - 682 001.

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THE SECRETARY,

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ERNAKULAM UBRAN C0-OPERATIVE SOCIETY LIMITED NO. 7

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RAVIPURAM, ERNAULAM - 682 016.

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THE DISTRICT TRANSPORT OFFICER, CHERTHALA -688524

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K.P. KRISHNAMOHAN S/O. KRISHNA PILLAI, AGED ABOUT 58 AYYANAT PADAMALAYAM, MARATHORVATTOM P.O CHERTHALA TALUK, ALAPPUZHA DISTRICT - 688 524. 6. C.C. RAJENDRAN S/O. CHELLAPPAN, AGED 53, PUDUMANA

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THRIKKANARVATTOM

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ERNAKULAM (AS SHOWN IN THE DOCUMENT ACCOMPANIED TO EXHIBIT-P1) C/O.THE SECRETARY

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ERNAKULAM URBAN CO-OPERATIVE SOCIETY LIMITED NO. 7

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RAVIPURAM, ERNAKULAM - 682 016.

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R1 AND R2 BY GOVERNMENT PLEADER SRI G. GOPAKUMAR

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 18-12-2012, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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W.P.(C).NO.30264/2012

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APPENDIX

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PETITIONER'S EXHIBITS:

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EXHIBIT-P1-TRUE COPY OF THE NOTICE DATED 05/10/2012 ISSUED BY THE 4TH RESPONDENT ALONG WITH RECOVERY REQUISITION AND ALLIED DOCUMENTS.

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EXHIBIT-P2-TRUE COPY OF THE REPRESENTATION DATED 08/11/2012 SUBMITTED BEFORE THE RESPONDENTS 1 AND 2.

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EXHIBIT-P3-TRUE COPY OF THE POSTAL RECEIPTS (2 NOS) IN RESPECT OF EXHIBIT-P2.

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EXHIBIT-P4-TRUE COPY OF THE ACKNOWLEDGMENT CARD ISSUED BY THE 2ND RESPONDENT.

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RESPONDENTS' EXHIBITS: NIL.

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TRUE COPY

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P.S. TO JUDGE

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HARUN-UL-RASHID,J.

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W.P.(C).NO.30264 OF 2012

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DATED THIS THE 18TH DAY OF DECEMBER, 2012

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JUDGMENT

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Writ Petition is filed seeking a direction directing the 2^nd respondent to dispose of Ext.P2 representation at the earliest, within a time frame to be fixed by this Court and for a direction directing respondents 1 to 4 not to proceed against the petitioner pending disposal Ext.P2 representation.

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It is submitted that the petitioner is a physically handicapped person suffering from disability and is unable to travel without the assistance of another person. Petitioner complained about the forgery and fraudulent measures adopted by the 5^th respondent and his persons including other respondents. It is also submitted that by fabricating documents and committing forgery, they availed loan from the 3^rd respondent-Society and that the petitioner has furnished all reasons to show that the alleged transactions leading to Ext.P1 recovery proceedings are false and fabricated and without the petitioner's

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-2-

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W.P.(C).No.30264/2012

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knowledge or information. It is in these circumstances that Ext.P2 representation was lodged before respondents 1 and 2. It is further submitted that the salary certificate of the petitioner was falsely used for fraudulent transaction. It is alleged that the employees of the 3^rd respondent-Society are also having involvement in the illegalities being perpetrated. It is also stated that the petitioner is not a member of the 3rd respondent-Society and had no occasion to go to the Society. It is pointed out that even though the petitioner has been shown as a member of the 3^rd respondent-Society, the 5^th respondent and his men created certain false documents showing that there was some loan transaction.

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Petitioner raised serious allegations against the 5^th respondent, 6^th respondent and other employees of the Society. The matter will have to be enquired into for the purpose of taking appropriate action.

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In the circumstances, the writ petition is disposed of directing the 2^nd respondent to consider and pass appropriate orders

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-3-

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W.P.(C).No.30264/2012

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on Ext.P2 representation within a period of three months, after affording an opportunity of being heard to the petitioner, respondent Nos. 3, 5, 6 and other affected parties, if any. The recovery proceedings initiated against the petitioner shall be kept in abeyance till Ext.P2 representation is disposed of.

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Sd/-

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HARUN-UL-RASHID, JUDGE.

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kcv.

C.G.Jayachandran v. the Registrar of Co-Operative Societies, Thiruvananthapuram.

Case brief

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C.G.Jayachandran v. the Registrar of Co-Operative Societies, Thiruvananthapuram.

Case brief

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