Disposed

K.C.C Vanitha Charitable Society No. 256/2004 v. Kerala State Kera Karshaka Federation Ltd. No. 4370

Kerala HC27 Feb 2018WP(C)/2220/2018

Case brief

AI extract

What is this about?

This Court disposed of a writ petition seeking quashing of a notice and mandamus to consider representations. The Court directed the Monitoring Committee to take a decision after issuing a fresh notice and affording an opportunity of being heard to the petitioner Society.

What did the court decide?

Directed the Monitoring Committee to issue fresh notice to the petitioner and afford an opportunity of being heard before taking a decision.

K.C.C Vanitha Charitable Society No. 256/2004 Vs Kerala… — Company and Corporate | Kerala HC (2018)

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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 ANIL K.NARENDRAN

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TUESDAY, THE 27TH DAY OF FEBRUARY 2018 / 8TH PHALGUNA, 1939

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WP(C).No. 2220 of 2018

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PETITIONER :

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THE K.C.C VANITHA CHARITABLE SOCIETY NO. 256/2004 K.C.C.BUILDING, KARUVANNUR.P.O., KOZHIKODE-673 614. REPRESENTED BY ITS SECRETARY.

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BY ADV.SRI.P.P.JACOB

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RESPONDENTS :

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1. THE KERALA STATE KERA KARSHAKA FEDERATION LTD. NO. 4370 THIRUVANANTHAPURAM, REPRESENTED BY ITS GENERAL MANAGER.695 001.

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2. THE ZONAL MANAGER/PRINCIPAL AGRICULTURAL OFFICER ZONAL OFFICE, KERAFED, KOZHIKODE.673 001.

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3. THE SECRETARY TO GOVERNMENT AGRICULTURAL DEPARTMENT SECRETARIAT, THIRUVANANTHAPURAM.695 001.

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4. THE DISTRICT MANAGER KERAFED DISTRICT OFFICE, KOZHIKODE.673 001.

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R1 & R2 BY SRI.MANU GOVIND, SC, R3 & R4 BY SENIOR GOVERNMENT PLEADER SMT. C.S.SHEEJA

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 27-02-2018, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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2/3/2018

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WP(C).No. 2220 of 2018 (B)

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APPENDIX

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PETITIONER(S)' EXHIBITS

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EXHIBIT P1	TRUE PHOTOCOPY OF THE MEMORANDUM OF UNDERSTANDING EXECUTED BY FIRST RESPONDENT WITH THE PETITIONER.
EXHIBIT P2	TRUE PHOTOCOPY OF THE LETTER ISSUED BY THE PETITIONER TO THE FOURTH RESPONDENT DATED 30.12.2015.
EXHIBIT P3	TRUE PHOTOCOPY OF THE APPEAL/REPRESENTATION FILED BY PETITIONER BEFORE THE SECOND RESPONDENT DATED 16.6.16.
EXHIBIT P4	TRUE PHOTOCOPY OF THE APPEAL/REPRESENTATION FILED BY PETITIONER BEFORE THE SECOND RESPONDENT DATED 25.7.16.
EXHIBIT P5	TRUE PHOTOCOPY OF THE PROCEEDING ISSUED BY THE FOURTH RESPONDENT DATED 10.1.2018.
EXHIBIT P6	TRUE PHOTOCOPY OF THE REPRESENTATION DATED 18.1.2018 SUBMITTED BY THE PETITIONER BEFORE THE FOURTH RESPONDENT.

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RESPONDENT'S EXHIBITS : NIL

//TRUE COPY//

P.A. TO JUDGE

bp 2/3/2018

ANIL K.NARENDRAN, J.

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----------------------------------------------- W.P.(C)No.2220 of 2018

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Dated this the 27^th day of February, 2018

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J U D G M E N T

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The petitioner, which is a 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.P5 notice dated 10.1.2018 issued by the 4^th respondent on behalf of the Managing Director of the 1^st respondent Federation and seeking a writ of mandamus commanding the 2^nd respondent to consider Exts.P3 and P4 representations.

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On 22.1.2018, when this writ petition came up for admission, the learned counsel for respondents 1 and 2 sought time to get instructions.

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Heard the learned counsel for the petitioner, the learned Standing Counsel for the 1^st respondent Federation representing respondents 1 and 4 and also the learned Senior Government Pleader for the 3^rd respondent.

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The learned Standing Counsel for the 1^st respondent

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W.P.(C)No.2220 of 2018

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:-2-:

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on instructions would submit that Ext.P4 is only a notice issued by the 4^th respondent, whereby the petitioner is required to appear before the District Monitoring Committee consisting of Principal Agricultural Officer and Regional Manager of the 1^st 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 15.10.2015 entered into between the petitioner and the 1^st respondent. The learned Standing Counsel would also submit that in the personal hearing scheduled on 22.1.2018 a person who was not duly authorised by the petitioner Society was present before the Monitoring Committee and as such the Committee shall take a decision, after issuing a fresh notice to the petitioner Society and after affording it an opportunity of being heard.

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Having considered the submissions made by the learned counsel on both sides, this writ petition is disposed of by directing the Monitoring Committee to take an appropriate decision on the matter after issuing fresh notice to the petitioner Society and after affording an opportunity of being heard. A decision in this regard shall be taken, as expeditiously as

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W.P.(C)No.2220 of 2018

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:-3-:

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possible, at any rate within one month from the date of production of a certified copy of this judgment.

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It is made clear that this Court has not expressed anything

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on the merits of the rival contentions and it is for the Monitoring Committee to take an appropriate decision, strictly in accordance

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with law.

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ANIL K.NARENDRAN JUDGE

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ami/27.2.18

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//True copy//

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P.A.to Judge

K.C.C Vanitha Charitable Society No. 256/2004 v. Kerala State Kera Karshaka Federation Ltd. No. 4370

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K.C.C Vanitha Charitable Society No. 256/2004 v. Kerala State Kera Karshaka Federation Ltd. No. 4370

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