Disposed

M.K.Shaji v. Karikkad Small Scale Coir Mats and Mattings Producers Co-Operative Society Limited No.a 1261

Kerala HC17 Aug 2016WP(C)/39171/2015

Case brief

AI extract

What is this about?

A writ petition was filed seeking directions for the Project Officer to consider a liquidation petition submitted by the petitioner due to low membership. The Court directed the official to consider the representation and take a decision within two months, directing the petitioner to cooperate by granting access to the office and records.

What did the court decide?

2nd respondent to consider Ext.P4 representation and take a decision on liquidation within two months; petitioner to cooperate with proceedings.

M.K.Shaji Vs Karikkad Small Scale Coir Mats and… — Cooperative Societies | Kerala HC (2016)

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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 SHAJI P.CHALY

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WEDNESDAY, THE 17TH DAY OF AUGUST 2016/26TH SRAVANA, 1938

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WP(C).No. 39171 of 2015 (V)

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PETITIONER(S):

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M.K.SHAJI KRISHNA BHAVANAM, KAREEKKAD P.O, CHERTHALA.

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BY ADV. SRI.P.P.JACOB

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RESPONDENT(S):

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1. KARIKKAD SMALL SCALE COIR MATS AND MATTINGS PRODUCERS CO-OPERATIVE SOCIETY LIMITED NO.A 1261, KARIKKAD, THANNEERMUKKOM, ALAPPUZHA, REPRESENTED BY ITS SECRETARY.

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2. THE PROJECT OFFICER

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PROJECT OFFICE (COIR), ALAPPUZHA, C.C.N.B ROAD, COIR CORPORATION BLDG, ALAPPUZHA - 688 001.

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3. THE LIQUIDATION INSPECTOR

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PROJECT OFFICE COIR, ALAPPUZHA - 688 001.

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R2 & R3 BY SR. GOVERNMENT PLEADER SRI.PAUL VARGHESE.M

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THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 17-08-2016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No. 39171 of 2015 (V)

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APPENDIX

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PETITIONER(S)' EXHIBITS

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P1 - TRUE PHOTOCOPY OF THE NAME AND ADDRESS OF THE 25 MEMBERS OF THE PROMOTING COMMITTEE ALONG WITH THE ENGLISH TRANSLATION.

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P2 - TRUE PHOTOCOPY OF THE REGISTRATION CERTIFICATE ALONG WITH CATEGORICAL STATEMENT DATED 21.3.2013

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P3 - TRUE PHOTOCOPY OF THE LETTER ISSUED BY ONE MEMBER VIDE NAME AMOD K.G. DATED 20.11.2015 ALONG WITH ENGLISH TRANSLATION.

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P4 - TRUE PHOTOCOPY OF THE REPRESENTATION SUBMITTED BY THE PRESIDENT OF THE SOCIETY BEFORE THE PROJECT OFFICER DATED 23.11.2015 ALONG WITH THE ENGLISH TRANSLATION

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P5 - TRUE PHOTOCOPY OF THE LETTER DATED 14.12.2015 ISSUED BY THE LIQUIDATION INSPECTOR (COIR) ALAPPUZHA TO THE MEMBERS ALONG WITH ENGLISH TRANSLATION.

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RESPONDENT(S)' EXHIBITS:

NIL

//TRUE COPY//

P.A. TO JUDGE

dlk

SHAJI P. CHALY, J.

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W.P.(C). No.39171 of 2015 ----------------------------------------------Dated this the 17^th day of August, 2016

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JUDGMENT

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This writ petition is filed by the petitioner seeking direction to the 2^nd respondent to consider and dispose of Ext.P4 representation and take consequential follow-up action as provided by law immediately.

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Petitioner is a member of the 1^st respondent society. Altogether there were 25 members, out of which, 13 members resigned from the primary membership of the society. According to the petitioner, it is impossible to proceed with the functioning of the society with balance 12 members. Therefore, petitioner has submitted Ext.P4 representation before the 2^nd respondent requesting to initiate liquidation proceedings. It is thus seeking a direction for early consideration of Ext.P4, this writ petition is filed.

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Second respondent has filed a counter affidavit disputing the allegations and statements made in the writ petition. That apart it is stated that Managing Committee of

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W.P.(C). No.39171 of 2015

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the society is not in a position to get the books and records to take a decision in the matter since the books and records are kept in the office of the society, which is housed in the building owned by the petitioner. Petitioner neither permits to enter into the office nor gives key of the office room to the Managing Committee/Secretary of the Society. In order to verify the genuineness of the resignation letters, access to the admission register is inevitable. Petitioner has filed a reply and denied the said contention raised in the counter affidavit filed by the 2^nd respondent.

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Heard learned counsel for the petitioner, learned Senior Government Pleader and perused the pleadings and documents on record.

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Since the sole relief sought for in the writ petition is consideration of Ext.P4 representation submitted by the petitioner seeking liquidation of the society, there will be a direction to the 2^nd respondent to consider Ext.P4 in accordance with law and take a decision on the same. I make it clear that, petitioner shall co-operate with the

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W.P.(C). No.39171 of 2015

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proceedings pursuant to Ext.P4 in all respects and if required for verification purposes, the office of the society shall be opened, which admittedly functioning in the building of the petitioner. A decision in that regard shall be taken by the 2^nd respondent in accordance with law, within two months from the date of receipt of a copy of this judgment.

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Writ petition is disposed of accordingly.

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Sd/-

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SHAJI P. CHALY JUDGE

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smv 17.08.2016

M.K.Shaji v. Karikkad Small Scale Coir Mats and Mattings Producers Co-Operative Society Limited No.a 1261

Case brief

What is this about?

What did the court decide?

M.K.Shaji v. Karikkad Small Scale Coir Mats and Mattings Producers Co-Operative Society Limited No.a 1261

Case brief

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