Superintendent Court disposed of a writ petition by directing the Monitoring Committee to pass final orders based on a personal hearing conducted on 22.1.2018 as expeditiously as possible.
Direction to pass final orders within three weeks
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN
TUESDAY, THE 27TH DAY OF FEBRUARY 2018 / 8TH PHALGUNA, 1939
WP(C).No. 2044 of 2018
PETITIONER:
THE ATHOLI VANITHA CO-OPERATIVE SOCIETY LTD.NO.D 2841, ATHOLI, KOZHIKODE-673 315, REPRESENTED BY ITS SECRETARY.
BY ADV.SRI.P.P.JACOB
RESPONDENT(S):
1. THE KERALA STATE KERA KARSHAKA FEDERATION LTD NO.4370, THIRUVANANTHAPURAM,
2. THE ZONAL MANAGER/PRINCIPAL AGRICULTURAL OFFICER, ZONAL OFFICE, KERAFED, KOZHIKODE-673 001.
3. THE SECRETARY TO GOVERNMENT, AGRICULTURAL DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM- 695 001.
4. THE DISTRICT MANAGER, KERAFED DISTRICT OFFICE, KOZHIKODE-673 001.
R1,R2 & R4 BY ADV. SRI.MANU GOVIND, SC, KERAFED R3 BY SR GOVERNMENT PLEADER SMT.C.S.SHEEJA
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 27-02-2018, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
sts 2/3/2018
WP(C).No. 2044 of 2018 (E)
APPENDIX
PETITIONER(S)' EXHIBITS
EXHIBIT P1 TRUE PHOTOCOPY OF THE MEMORANDUM OF UNDERSTANDING EXECUTED BY FIRST RESPONDENT WITH THE PETITIONER. EXHIBIT P2 TRUE PHOTOCOPY OF THE APPEAL/REPRESENTATION FILED BY PETITIONER BEFORE THE SECOND RESPONDENT DATED 14-3-2013. EXHIBIT P3 TRUE PHOTOCOPY OF THE APPEAL/REPRESENTATION FILED BY PETITIONER BEFORE THE SECOND RESPONDENT DATED 17-8-13. EXHIBIT P4 TRUE PHOTOCOPY OF THE PROCEEDING ISSUED BY THE FOURTH RESPONDENT DATED 10-1-2018. EXHIBIT P5 TRUE PHOTOCOPY OF THE REPRESENTATION DATED 16-1-2018 SUBMITTED BY THE PETITIONER BEFORE THE FOURTH RESPONDENT.
RESPONDENT'S EXHIBITS:
NIL
/TRUE COPY/
P.S.TO JUDGE
sts
2/3/2018
ANIL K.NARENDRAN, J.
----------------------------------------------- W.P.(C)No.2044 of 2018 -----------------------------------------------
Dated this the 27th day of February, 2018
J U D G M E N T
The petitioner, which is a Co-operative Society registered under the provisions of Kerala Co-operative Societies Act and the Rules made thereunder, is before this Court in this writ petition, seeking a writ of certiorari to quash Ext.P4 notice dated 10.1.2018 issued by the 4th respondent on behalf of the Managing Director of the 1st respondent Federation and seeking a writ of mandamus commanding the 2nd respondent to consider Exts.P2 and P3 representations.
W.P.(C)No.2044 of 2018
:-2-:
on instructions would submit that Ext.P4 is only a notice issued by the 4th respondent, whereby the petitioner is required to appear before the District Monitoring Committee consisting of Principal Agricultural Officer and Regional Manager of the 1st respondent Federation for the hearing scheduled on 22.1.2018 in order to take a decision in the matter, as provided under clause (5) of Ext.P1 agreement dated 30.1.2013 entered into between the petitioner and the 1st respondent. The learned Standing Counsel would also submit that pursuant to Ext.P4 notice, the representative of the petitioner has already appeared for personal hearing on 22.1.2018 and that the Monitoring Committee shall pass appropriate orders, within a time limit to be specified by this Court.
It is made clear that this Court has not expressed anything
W.P.(C)No.2044 of 2018
:-3-:
on the merits of the rival contentions and it is for the Monitoring Committee to take an appropriate decision, strictly in accordance
with law.
Sd/-
ANIL K.NARENDRAN JUDGE
ami/27.2.18
//True copy//
P.A.to Judge
2 issues framed by the court
Whether the court can direct the Monitoring Committee to pass final orders expeditiously after a personal hearing.
Whether pag 4 notice dated 10.1.2018 should be quashed.
THE ATHOLI VANITHA CO-OPERATIVE SOCIETY LTD.
THE KERALA STATE KERA KARSHAKA FEDERATION LTD
THE ZONAL MANAGER/PRINCIPAL AGRICULTURAL OFFICER, ZONAL OFFICE, KERAFED
THE SECRETARY TO GOVERNMENT, AGRICULTURAL DEPARTMENT
THE DISTRICT MANAGER, KERAFED DISTRICT OFFICE
ANIL K.NARENDRAN
J
As recorded by the court registry
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