Remanded

D.Kusumakumari v. J.Arun Babu

Kerala HC13 Nov 2017Con.Case(C)/686/2017

Case brief

AI extract

What is this about?

This contempt proceedings case addressed an allegation of non-compliance with a prior order directing a cooperative society to conduct elections. The Administrative Committee claimed inability to comply due to missing records retained by the Secretary. The court directed a senior officer to conduct an enquiry into the status of the records and liability for their loss within six weeks.

What did the court decide?

Direction to the officer exercising powers of Joint Registrar to conduct an enquiry regarding the loss of records and submit a report within six weeks.

D.Kusumakumari Vs J.Arun Babu — Cooperative Societies | Kerala HC (2017)

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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 P.B.SURESH KUMAR

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MONDAY, THE 13TH DAY OF NOVEMBER 2017/22ND KARTHIKA, 1939

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Con.Case(C).No. 686 of 2017 (S)

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AGAINST THE JUDGMENT IN WP(C) 6871/2017 OF THE HONOURABLE COURT, DATED 28-03-2017

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PETITIONER/PETITIONER NO.1:

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D.KUSUMAKUMARI, AGED 48, W/O.CHANDRABABU,

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VALIYAVILAKATHU VEEDU, ALAMPARA, NANNIYODE, PACHA, NEDUMANGAD, THIRUVANANTHAPURAM.

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BY ADVS.SRI.B.S.SWATHY KUMAR SMT.ANITHA RAVINDRAN

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RESPONDENT(S)/RESPONDENT NO. 3 TO 5:

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1. J.ARUN BABU

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(AGE & FATHER'S NAME NOT KNOWN TO THE PETITIONER), MEMBER, ADMINISTRATIVE COMMITTEE OF THE NANNIYODE KSHEEROLOPADAKA CO-OPERATIVE SOCIETY LTD.

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NO. T.57(D), APCOS,NANNIYODE, PACHA P.O,NEDUMANGAD, THIRUVANANTHAPURAM. PIN 695 562.

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2. PULIYOOR G.PRAKASH,AGED 54, S/O. GOPALAN, MEMBER, ADMINISTRATIVE COMMITTEE OF THE NANNIYODE KSHEEROLOPADAKA CO-OPERATIVE SOCIETY LTD. NO. T.57(D), APCOS,NANNIYODE, PACHA P.O,NEDUMANGAD, THIRUVANANTHAPURAM. PIN - 695 562.

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PBS

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Con.Case(C).No. 686 of 2017 (S)

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3. S.SASIDHARAN (AGE AND FATHER'S NAME NO KNOWN TO THE PETITIONER) MEMBER, ADMINISTRATIVE COMMITTEE OF THE NANNIYODE KSHEEROLOPADAKA CO-OPERATIVE SOCIETY LTD. NO. T.57(D), APCOS,NANNIYODE, PACHA P.O,NEDUMANGAD, THIRUVANANTHAPURAM. PIN 695 562.

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*ADDL. R4 TO R6 IMPLEADED

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ADDL. R4 :EETIMMODU RAJENDRAN, (AGE & FATHER'S NAME NOT KNOWN TO THE PETITIONER), CHAIRMAN, ADMINISTRATIVE COMMITTEE OF THE NANNIYODE KSHEEROLPADAKA CO-OPERATIVE SOCIETY LTD. NO. T.57(D), APCOS, NANNIYODE, PACHA P.O, NEDUMANGAD, THIRUVANANTHAPURAM.

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ADDL. R5 : MOHANAN, (AGE & FATHER'S NAME NOT KNOWN TO THE PETITIONER),MEMBER, ADMINISTRATICE COMMITTEE OF THE NANNIYODE KSHEEROLPADAKA CO-OPERATIVE SOCIETY LTD, NO. T. 57(D), APCOS, NANNIYODE, PACHA P.O, NEDUMANGAD, THIRUVANANTHAPURAM.

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ADDL. R6: BAIJU, (AGE & FATHER'S NAME NOT KNOWN TO THE PETITIONER), MEMBER, ADMINISTRATIVE COMMITTEE OF THE NANNIYODE KSHEEROLPADAKA CO-OPERATIVE SOCIETY LTD. NO. T.57(D), APCOS, NANNIYODE, PACHA P.O, NEDUMANGAD, THIRUVANANTHAPURAM

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ADDL. R4 TO R6 IS IMPLEADED AS PER ORDER DATED 13.11.2017

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IN I.A 664/17

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BY ADV. SRI.B.MOHANLAL,SC

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THIS CONTEMPT OF COURT CASE (CIVIL) HAVING BEEN FINALLY HEARD ON 13-11-17, ALONG WITH WPC. 6871/2017, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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PBS

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Con.Case(C).No. 686 of 2017 (S)

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APPENDIX

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PETITIONER'S ANNEXURE

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ANNEXURE A TRUE COPY OF THE JUDGMENT IN W.P.(C) NO. 6871/2017 DATED 28.3.2017

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RESPONDENT'S ANNEXURE NIL

/TRUE COPY/

PA TO JUDGE

PBS

P.B.SURESH KUMAR, J.

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

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Cont.Case.(C).No.686 of 2017 &

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W.P.(C).No.6871 of 2017

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--------------------------------------------------------------Dated this the 23^rd day of June, 2017

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ORDER

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The above contempt case is filed alleging noncompliance of the direction issued by this Court in W.P.(C). No.6871 of 2017 to the Administrative Committee of M/s.Nanniyode Ksheerolpadaka Co-operative Society Ltd., to pass a resolution requesting the State Co-operative Election Commission to conduct election to form a new Managing Committee for the Society.

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When these matters were taken up, the learned counsel for the respondents submitted that as per

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Cont.Case.(c).No.686 of 2017 & WPC 6871 of 2017 : 2 :

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the very same judgment, this Court had directed the Secretary of the Society to hand over the records of the Society to the Administrative Committee so as to enable them to pass the resolution, and the direction could not be complied with since the Secretary of the Society has not handed over the records of the Society to them. In the light of the said submission, the learned counsel for the respondents was directed to furnish the particulars of the documents which are retained by the Secretary. An affidavit was, accordingly, filed by a member of the Administrative Committee in the writ petition indicating the particulars of the documents alleged to have been retained by the Secretary. Paragraph No.3 of the said affidavit reads thus:

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“3. When this Writ Petition came up for hearing on 30/05/2017 this Hon'ble Court orally directed me to file a statement regarding the documents to be received from the Secretary of the Society. The Secretary of the Society failed to hand over Members Register of the Society, Milk Reading Register of the Members, Old Minutes Book to ascertain the details the Members, Cash Book, Cattle Feed Register and Income and Expenditure Statement 2016-2017 up-to-date despite after repeated requests and these documents are

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Cont.Case.(c).No.686 of 2017 & WPC 6871 of 2017

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: 3 :

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necessary to prepare the list of members of the Society so as to enable the Administrative Committee to take a Resolution for conduct of the Election of the Society in obedience to direction of this Hon'ble Court.”

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In the light of the said affidavit, the Secretary of the Society was directed to appear before the Court and accordingly, the Secretary was present. The Secretary, however, submitted that she has already handed over the records of the Society to the Administrative Committee.

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It is seen that the Administrative Committee

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is unable to comply with the direction issued by this Court without the records referred to above. In the circumstances, the officer of the Department, who is exercising the powers of the Joint Registrar in relation to the affairs of the Society, is directed to conduct an enquiry and submit a report before this Court as to the records of the Society. If it is found that the records of the society are lost, the said officer shall also report as to who is responsible for the loss of the records and as to whether the lost records can be reconstructed. This shall be done within six weeks from the date of receipt

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Cont.Case.(c).No.686 of 2017 & WPC 6871 of 2017 : 4 :

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of a copy of this order. The Registry is directed to issue a copy of this order to the learned Special Government Pleader, Co-operative Societies, for communicating to the officer who is directed to conduct the enquiry.

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Post after two months.

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P.B.SURESH KUMAR JUDGE

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rsr

D.Kusumakumari v. J.Arun Babu

Case brief

What is this about?

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D.Kusumakumari v. J.Arun Babu

Case brief

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