Dismissed

A.L.Babu v. the Idukki District Taxi Drivers Co-Operative Society Limited

Kerala HC6 Dec 2018WP(C)/11992/2014

Case brief

AI extract

What is this about?

The High Court of Kerala dismissed a writ petition challenging a notice issued by a Taxi Drivers Co-operative Society. The Society directed members to produce driving licences and photographs to re-issue identity cards in compliance with Rule 16A. The Court held the action was not arbitrary and dismissed the petition.

What did the court decide?

It is for the petitioners to approach the 1st respondent Society as per the directions in the notice if they have not already obtained a proper identity card.

A.L.Babu Vs the Idukki District Taxi Drivers… — Pension and Retirement Benefits | Kerala HC (2018)

¶1

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶2

PRESENT

¶3

THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN

¶4

THURSDAY ,THE 06TH DAY OF DECEMBER 2018 / 15TH AGRAHAYANA, 1940

¶5

WP(C).No. 11992 of 2014

¶6

PETITIONERS:

¶7

1 A.L.BABU,MEMBER NO.2285, THE IDUKKI DISTRICT TAXI DRIVERS CO-OPERATIVE SOCIETY LIMITED NO.I, 191, KATTAPPANA, IDUKKI(RESIDING AT ANJILIMOOTTIL, AYYAPPANCOIL IDUKKI DISTRICT).

¶8

2 JOBY JOHNY,MEMBER NO.3985, THE IDUKKI DISTRICT TAX DRIVERS CO-OPERATIVE SOCIETY LIMITED NO.I, 191, KATTAPPANA,IDUKKI (RESIDING AT KIZHAKKEPARAMBIL, KANCHIYAR,IDUKKI DISTRICT).

¶9

3 NEJEEM,MEMBER NO.6585, THE IDUKKI DISTRICT TAXI DRIVERS CO-OPERATIVE SOCIETY LIMITED I, 191, KATTAPPANA,IDUKKI (RESIDING AT KATTAMKARATHARAYIL, KATTAPPANA,IDUKKI DISTRICT)

¶10

BY ADV. SRI.P.C.SASIDHARAN

¶11

RESPONDENTS:

¶12

1 THE IDUKKI DISTRICT TAXI DRIVERS CO-OPERATIVE SOCIETY LIMITED,NO.I, 191, KATTAPPANA, IDUKKI, REPRESENTED BY ITSSECRETARY-IN-CHARGE - 685 508. 2 THE PART TIME ADMINISTRATOR, IDUKKI DISTRICT MOTOR EMPLOYEES CO-OPERATIVE SOCIETYLTD.NO.I, 191, KATTAPPANA, IDUKKI (UNIT INSPECTOROFFICE OF THE ASSISTANT REGISTRAR, UDUMBANCHOLA)685 508. 3 THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES (GENERAL) OFFICE OF THE JOINT REGISTRAR OFCOOPERATIVE SOCIETIES, IDUKKI - 685 509. * ADDL.R4 BIJI K.JOHN, S/O.JOHN, AGED 46 YEARS, RESIDING AT IMPLEADED KOZHIMANNIL HOUSE, KATTAPANA (ADDL.R4 IMPLEADED AS PER ORDER DATED 30.05.2014 IN I.A.NO.6533/2014. BY ADVS.SRI.P.V.BABY SRI.GEORGE POONTHOTTAM SRI.LIJI.J.VADAKEDOM SRI.D.SOMASUNDARAM, SPL. GP FOR CO.OPERATION SRI.MOHAMED HASHIM, SPL.GP

¶13

THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 06.12.2018, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

¶14

WP(C).No. 11992 of 2014

¶15

¶16

JUDGMENT

¶17

The petitioners, who are members of the 1^st

¶18

respondent Society, which is a society registered under the provisions of the Kerala Co-operative Societies Act, 1969 and the rules made thereunder, have filed this writ petition under Article 226 of the Constitution of India, seeking a writ of certiorari to quash Ext.P3 notice dated 26.04.2014 issued by the 1^st respondent Society, whereby the members of the Society were asked to produce their original valid driving licences, within 15 days from the date of notice, and obtain the identity card in Form 6B. As per the said notice, it has also been specified that the members should obtain fresh identity cards by submitting two passport size photographs to the Society. The petitioners

¶19

have also sought for other consequential reliefs, including a declaration that the Society cannot compel a member to obtain fresh identity card even after issuing identity card already and that, the

¶20

WP(C).No. 11992 of 2014

¶21

¶22

action of the Society in issuing Ext.P3 notice is

¶23

without any power, authority or jurisdiction.

¶24

On 06.05.2014, when this writ petition came

¶25

up for consideration, the learned Government

¶26

Pleader took notice for the 3^rd respondent Joint Registrar of Co-operative Societies. This Court issued notice to respondents 1 and 2. This Court has also granted an interim stay of operation and implementation of Ext.P3 notice issued by the 1^st respondent for a period of one month. The said interim order was extended until further orders on 31.07.2014.

¶27

A counter affidavit has been filed by the 3^rd respondent opposing the reliefs sought for in this writ petition.

¶28

Heard the learned counsel for the

¶29

petitioners, the learned counsel appearing for respondents 1 and 2, the learned Special

¶30

Government Pleader appearing for the 3^rd respondent and also the learned counsel appearing for the

¶31

WP(C).No. 11992 of 2014

¶32

¶33

additional 4^th respondent.

¶34

The sole issue that arises for

¶35

consideration in this writ petition is as to

¶36

whether any interference is warranted on Ext.P3

¶37

notice issued by the Secretary of the 1^st

¶38

respondent Bank.

¶39

A reading of Ext.P3 notice would show that by the said notice, the members of the 1^st respondent Society, who are taxi drivers, are directed to produce their valid driving licenses along with two passport size photographs for the purpose of issuing identity cards in Form 6A and also for affixing their photographs in Form 6B register.

¶40

In this writ petition, the grievance of

¶41

the petitioners is that all on a sudden, the

¶42

petitioners and other members of the 1^st respondent

¶43

Society have been asked to produce driving

¶44

licenses, photographs and obtain identity cards in

¶45

the prescribed form, within a period of 15 days.

¶46

WP(C).No. 11992 of 2014

¶47

¶48

This writ petition was filed at a time when

¶49

election to the Managing Committee of the 1^st respondent Society was notified, by the State Cooperative Election Commission.

¶50

Rule 16A of the Kerala Co-operative

¶51

Societies Rules, deals with issuance of identity cards. As per sub-rule (1) of Rule 16A, a person admitted as a member of a society shall be issued with an identity card in Form 6A, which shall be conclusive evidence to prove his membership in the Society. The member shall furnish two copies of his recent photograph of passport size to the Society. Copies of the photograph shall be attested by the Chief Executive of the Society or an officer specifically empowered in this behalf by the Committee of the Society and one copy of the duly attested photograph shall be affixed in

¶52

the identity card and the other copy shall be

¶53

affixed in the Register in Form 6B maintained for that purpose. The identity card shall also bear

¶54

WP(C).No. 11992 of 2014

¶55

¶56

the seal of the Society. The provisions under Rule 16A and also Form 6B provided in the Rules make it explicitly clear that the identity card issued by the Society is a crucial document to prove the identity of the members for the purpose of availing various services from the Society and also to cast vote in the election to the Managing Committee.

¶57

It was after noticing that the maintenance of records in the 1^st respondent Society was not in strict compliance with the provisions under Rule

¶58

16A that a decision has been taken to issue fresh identity cards. Pursuant to that decision, Ext.P3 notice has been issued by the Secretary of the Society. The action of the 1^st respondent Bank in

¶59

issuing Ext.P3 notice cannot be said to be arbitrary or illegal. In such circumstances, no interference is warranted on Ext.P3 notice dated 26.04.2014, especially at this point of time.

¶60

In such circumstances, this writ petition

¶61

WP(C).No. 11992 of 2014

¶62

¶63

fails and the same is accordingly dismissed. It is for the petitioners to approach the 1^st respondent Bank, as per the directions contained in Ext.P3 notice, if they have not already obtained proper identity card as per the mandate of Rule 16A.

¶64

Sd/-

¶65

ANIL K.NARENDRAN,JUDGE

¶66

AV/13/12

¶67

WP(C).No. 11992 of 2014

¶68

¶69

APPENDIX

¶70

PETITIONER'S/S EXHIBITS:

¶71

EXHIBIT P1 TRUE COPY OF THE IDENTITY CARDS ISSUED TO THE PETITIONERS EXHIBIT P2 TRUE COPY OF THE AMENDED BYE LAW EXHIBIT P3 TRUE COPY OF THE NOTICE ISSUED BY THE IST RESPONDENT APPEARED IN MALAYALA MANORAMA DAILY DATED 26.4.2014

¶72

EXHIBIT P4 EXT.P-4: TRUE COPY OF REDUCTION IN SHARE VALUE INVOKING RULE 176

¶73

EXHIBIT P5 EXT.P-5: TRUE COPY OF THE JUDGEMENT IN WPC NO.905 OF 2014

A.L.Babu v. the Idukki District Taxi Drivers Co-Operative Society Limited

Case brief

What is this about?

What did the court decide?

A.L.Babu v. the Idukki District Taxi Drivers Co-Operative Society Limited

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Cases cited

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

The Board of Directors, Kozhipally Service Co-Operative Bank Vs the Joint Registrar of Co-Operatives (General)

The Managing Committee Vs the Joint Registrar of Co-Operative Societies (General)

Mohanan Velayudhan Vs Inchiany Service Co-Operative Service Co-Operative Bank

Nasir K.U. Vs State of Kerala

Princy Vs the Registrar of Co-Oiperative Societies

Najeeb V.B Vs Regional Transport Officer