Disposed

The Cannanore District Co-Operative Rubber & Agricultural Marketing Society LTD.NO.C-303 v. State of Kerala

Kerala HC13 Dec 2013WP(C)/25034/2013

Case brief

AI extract

What is this about?

Petitioner society sought permission to sell property. Court held grievance redressed by lower court order permitting sale with conditions. Revenue recovery proceedings put on hold for three months. Petition disposed of.

What did the court decide?

Revenue recovery proceedings put on hold for three months. Writ petition disposed of without further directions.

The Cannanore District Co-Operative Rubber… — Company and Corporate | Kerala HC (2013)

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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 V.CHITAMBARESH

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FRIDAY, THE 13TH DAY OF DECEMBER 2013/22ND AGRAHAYANA, 1935

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WP(C).No. 25034 of 2013 (D)

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PETITIONER(S):

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THE CANNANORE DISTRICT CO-OPERATIVE RUBBER & AGRICULTURAL MARKETING SOCIETY LTD.NO.C-303 TALIPARAMBA, KANNUR, REPRESENTED BY ITS SECRETARY RAVINDRAN M.P.

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BY ADVS.SRI.M.SASINDRAN SRI.V.VENUGOPAL SRI.PRADEESH MATHEW

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RESPONDENT(S):

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1. STATE OF KERALA REPRESENTED BY SECRETARY TO THE GOVERNMENT DEPARTMENT OF CO-OPERATION, SECRETARIAT THIRUVANANTHAPURAM-695001.

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2. THE SPECIAL DEPUTY TAHSILDAR (REVENUE RECOVERY) TALIPARAMBA, KANNUR-670141.

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3. THE REGISTRAR OF CO-OPERATIVE SOCIETIES THIRUVANANTHAPURAM-695001.

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4. THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES KANNUR-670001.

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BY GOVERNMENT PLEADER SRI. RAFEEK V.K.

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 13-12-2013, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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DCS

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WP(C).No. 25034 of 2013 (D)

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APPENDIX

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PETITIONER(S)' EXHIBITS

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EXHIBIT-P1: TRUE COPIES OF THE DOCUMENTS EVIDENCING THE FINANCIAL ASSISTANCE RENDERED BY THE ICDP, KANNUR FOR THE ESTABLISHMENT OF EXPELLER UNIT TO THE PETITIONER SOCIETY.

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EXHIBIT-P2: TRUE COPIES OF THE CERTIFICATES ISSUED BY THE MANAGER OF THE KANNUR DISTRICT CO-OPERATIVE BANK, TALIPARAMBA MAIN BRANCH.

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EXHIBIT-P3: A TRUE COPY OF THE COMMUNICATION ISSUED BY THE ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES (GENERAL), TALIPARAMBA DATED 13.9.2006.

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EXHIBIT-P4: A TRUE COPY OF THE PROFIT AND LOSS ACCOUNT OF THE PETITIONER SOCIETY FOR THE YEAR ENDED ON 31.3.2012.

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EXHIBIT-P5: A TRUE COPY OF THE REQUEST MADE BY THE PETITIONER SEEKING PERMISSION TO SELL SOME PROPERTY OF THE PETITIONER SOCIETY.

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EXHIBIT-P6: A TRUE COPY OF THE JUDGMENT IN W.P.(C) NO.24427 OF 2012 DATED 8.11.2012.

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EXHIBIT-P7: A TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE THE 3RD RESPONDENT ON 30.11.2012.

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EXHIBIT-P8: TRUE COPIES OF THE REQUEST MADE BY THE PETITIONER BEFORE THE EXECUTIVE ENGINEER, KERALA PUBLIC WORKS DEPARTMENT (BUILDINGS), THALASSERY FOR ISSUING THE VALUATION CERTIFICATE.

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EXHIBIT-P8(A): A TRUE COPY OF THE CERTIFICATE ISSUED BY THE SECRETARY OF TALIPARAMBA MUNICIPALITY.

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EXHIBIT-P9: A TRUE COPY OF THE JUDGMENT DATED 13.2.2013 IN W.P. (C) NO.3831 OF 2013.

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EXHIBIT-P10: TRUE COPY OF VALUATION CERTIFICATE.

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EXHIBIT-P10(A): TRUE COPY OF THE COVERING LETTER. EXHIBIT-P11: A TRUE COPY OF THE JUDGMENT IN W.P.(C) NO.13400 OF 2013 DATED 11.6.2013.

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DCS

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WP(C).No. 25034 of 2013 (D)

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EXHIBIT-P12: A TRUE COPY OF THE DEMAND NOTICE ISSUED BY THE 2ND RESPONDENT DATED 31.8.2013 UNDER SECTION 7 OF THE REVENUE RECOVERY ACT.

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EXHIBIT-P12(A) A TRUE COPY OF THE DEMAND NOTICE ISSUED BY THE 2ND RESPONDENT DATED 31.8.2013 UNDER SECTION 34 OF THE REVENUE RECOVERY ACT. EXHIBIT-P13: A TRUE COPY OF THE COMMUNICATION ISSUED BY THE 4TH RESPONDENT DATED 6.9.2013 TO THE PETITIONER.

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RESPONDENTS' EXHIBITS : NIL

/TRUE COPY/

P.A. TO JUDGE

DCS

V.CHITAMBARESH,J.

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-------------------------------

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W.P.(C) No.25034 of 2013

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---------------------------------------

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Dated this the 13^th day of December, 2013

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J U D G M E N T

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The Government Pleader has made available a copy of

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the order dated 21.11.2013 passed by the third respondent Registrar of Co-operative Societies. The order was passed pursuant to the directions contained in judgments in W.P(C). Nos. 24427/2012, 3831/2013 and 13400/2013. The third respondent has thereby permitted the petitioner to sell the property subject to six conditions stipulated therein. The grievance of the petitioner stands redressed by the order dated 21.11.2013 of the third respondent and no further direction is required in this writ petition.

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The revenue recovery proceedings evidenced by Exts. P12 and P12(a) shall be put on hold for a period of three months to enable the petitioner to compete the exercise pursuant to the order dated 21.11.2013 of the third respondent referred to above.

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The writ petition is disposed of.

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SD/-

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V.CHITAMBARESH JUDGE

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DCS

The Cannanore District Co-Operative Rubber & Agricultural Marketing Society LTD.NO.C-303 v. State of Kerala

Case brief

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What did the court decide?

The Cannanore District Co-Operative Rubber & Agricultural Marketing Society LTD.NO.C-303 v. State of Kerala

Case brief

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What did the court decide?

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