Disposed

Kerala Land Reforms and Development Co-Operative Society Ltd. No. 4482 v. Joint Director of Co-Operative Audit

Kerala HC4 Jul 2016WP(C)/18696/2016

Case brief

AI extract

What is this about?

Petitioner co-operative society sought valuation of purchased properties to include enhanced value in profit and loss accounts. Court directed first respondent to dispose of pending application, constitute a committee for valuation, and submit report within three months.

What did the court decide?

Directed first respondent to decide on pending Ext.P8, constitute a committee to value properties, and make a report within three months.

Kerala Land Reforms and Development Co-Operative… — Cooperative Societies | Kerala HC (2016)

¶1

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶2

PRESENT:

¶3

THE HONOURABLE MR. JUSTICE SHAJI P.CHALY

¶4

MONDAY, THE 4TH DAY OF JULY 2016/13TH ASHADHA, 1938

¶5

WP(C).No. 18696 of 2016 (J)

¶6

PETITIONER :

¶7

KERALA LAND REFORMS AND DEVELOPMENT CO-OPERATIVE SOCIETY LTD NO. 4482, CHALAPURAM, KOZHIKODE, REPRESENTED BY ITS GENERAL MANAGER.

¶8

BY ADV. SRI.P.P.JACOB

¶9

RESPONDENT(S):

¶10

1. THE JOINT DIRECTOR OF CO-OPERATIVE AUDIT, KOZHIKODE-673 004.

¶11

2. THE DIRECTOR OF CO-OPERATIVE AUDIT, THIRUVANANTHAPURAM-695 001.

¶12

3. THE REGISTRAR OF CO-OPERATIVE SOCIETIES, THIRUVANANTHAPURAM-695 001.

¶13

R1 TO R3 BY GOVERNMENT PLEADER SRI.T.R.RAJESH

¶14

THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 04-07-2016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

¶15

sts

¶16

WP(C).No. 18696 of 2016 (J)

¶17

APPENDIX

¶18

PETITIONER(S)' EXHIBITS

¶19

P1 COPY OF THE APPLICATION FILED BY THE PETITIONER BEFORE THE SECOND RESPONDENT THROUGH FIRST RESPONDENT DTD. 27.3.2015.

¶20

P2 COPY OF THE COMMUNICATION ISSUED BY THE FIRST RESPONDENT TO THE SECOND RESPONDENT DTD. 29.4.2015.

¶21

P3 COPY OF THE ORDER ISSUED BY THE SECOND RESPONDENT DTD. 1.6.2015.

¶22

P4 COPY OF THE ORDER ISSUED BY THE GOVERNMENT TO THE PETITIONER DTD. 6.11.2015.

¶23

P5 COPY OF THE JUDGMENT IN WPC NO.36136/15 DTD. 4.3.2016.

¶24

P6 COPY OF THE ORDER ISSUED BY THE SECOND RESPONDENT DTD. 2.3.2016.

¶25

P7 COPY OF THE COMMUNICATION ISSUED BY THE FIRST RESPONDENT DTD. 18.3.2016. P8 COPY OF THE LETTER SUBMITTED TO THE FIRST RESPONDENT DTD 22.3.2016.

¶26

P9 COPY OF THE LETTER ISSUED BY THE FIRST RESPONDENT TO THE PETITIONER DTD. 15.4.2016.

¶27

P10 COPY OF THE LETTER DTD. 27.4.2016 BEFORE THE FIRST RESPONDENT.

¶28

RESPONDENT(S)' EXHIBITS:

NIL

/TRUE COPY/

P.A.TO JUDGE

sts

SHAJI P. CHALY, J.

¶34

W.P.(C). No. 18696 of 2016

¶35

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

¶36

Dated this the 4^th day of July, 2016

¶37

JUDGMENT

¶38

Petitioner is a registered co-operative society having

¶39

its area of operation in the whole of the State of Kerala.

¶40

As per the registered byelaw, the object of the society is

¶41

to purchase landed properties for construction of

¶42

building/flats and to sell the same to intending purchasers in order to meet the requirements of the public. The market value of the property thus purchased has increased substantially due to over all development and by passage of time. Therefore, the increase in value

¶43

has necessarily to be incorporated in the profit and loss account of the society in order to ensure the functioning of the society in profit. Petitioner filed Ext.P1, details of the enhanced value as per the valuation, before the first respondent and as per Ext.P2, first respondent recommended to include 75% of the increase thus

¶44

W.P.(C). No. 18696 of 2016

¶45

¶46

accrued in the profit and loss account. However, second respondent rejected the request of the petitioner as per Ext.P3, stating that only revenue income and expenditure will be included in the profit and loss account. Petitioner filed appeal before the Government and appeal was allowed directing respondents to incorporate portion of the enhanced value in the profit and loss account and also to complete the audit without delay.

¶47

Since there was delay, petitioner has approached this Court and secured Ext.P5 judgment directing the respondents to finalise the entire process, expeditiously. Second respondent issued Ext.P6, directing the first respondent to constitute a committee for the assessment of the value of the properties. Petitioner has submitted Ext.P8 before the first respondent seeking necessary reliefs in order to constitute a committee for valuation of the properties and the same is pending consideration. It is in this background, this writ petition is filed.

¶48

¶49

W.P.(C). No. 18696 of 2016

¶50

Heard learned counsel for the petitioner,

¶51

learned Government Pleader and perused the pleadings and documents.

¶52

On an evaluation of the fact situation, since Ext.P8 application is pending before the first respondent, and in view of the submission made by the learned Government Pleader that a committee is already constituted, Ext.P8 can be directed to be disposed of, in accordance with law within a time frame.

¶53

Accordingly, I direct the first respondent to take a decision on Ext.P8 and thereby direct the Committee to value the properties and make a report within three months from the date of receipt of a copy of this judgment. If the petitioner requests for a hearing, the same shall also be provided by the committee constituted for the purpose.

¶54

Writ petition is disposed of accordingly.

¶55

Sd/-

¶56

SHAJI P. CHALY, JUDGE

¶57

dlk/4/7/

Kerala Land Reforms and Development Co-Operative Society Ltd. No. 4482 v. Joint Director of Co-Operative Audit

Case brief

What is this about?

What did the court decide?

Kerala Land Reforms and Development Co-Operative Society Ltd. No. 4482 v. Joint Director of Co-Operative Audit

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

Sunil C.G. Vs Regional Transport Authority

Mohammedkutty Vs Smt.Adheela Abdulla, Revenue Divisional Oficer

Venu Vs Pramod P.S.

T.K.Kunhiraman Vs Registrar of Co-Operative Societies

Sughandhi Vs State of Kerala

N.Mahesh Vs the State of Kerala