Dismissed

E. C.Kuriakose v. Joint Registrar of Co-Operative Societies

Kerala HC2 Nov 2018WP(C)/28021/2018

Case brief

AI extract

What is this about?

Petitioner sought quashing of a sale notice issued by a cooperative society, challenging the competence of the Administrative Committee. The sale was conducted prior to hearing; petitioner requested withdrawal of petition while reserving statutory rights.

What did the court decide?

Writ petition dismissed as withdrawn with reservation of petitioner's right to statutory remedy.

E. C.Kuriakose Vs Joint Registrar of Co-Operative… — Cooperative Societies | 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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FRIDAY ,THE 02ND DAY OF NOVEMBER 2018 / 11TH KARTHIKA, 1940

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WP(C).No. 28021 of 2018

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PETITIONER:

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E. C.KURIAKOSE, AGED 66 YEARS, MEMBER NO. 5044, MUVATTUPUZHA RUBBER MARKETING CO-OPERATIVE SOCIETY LIMITED NO. 3094, MUVATTUPUZHA-686661, RESIDING AT EDAMALAYIL HOUSE, OORAMANA P.O., MUVATTUPUZHA, ERNAKULAM, PIN-686663.

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BY ADV. SRI.P.RAMAKRISHNAN

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RESPONDENTS:

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1 JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES DISTRICT CO OPERATIVE BANK BUILDING, KAKKANAD, ERNAKULAM, KOCHI-682030.

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2 ADMINISTRATIVE COMMITTEE OF MUVATTUPUZHA RUBBER MARKETING CO-OPERATIVE SOCIETY LTD. NO.3094, MUVATTUPUZHA, PIN-686 661, REPRESENTED BY ITS CONVENER.

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3 MANAGING DIRECTOR IN CHARGE, MUVATTUPUZHA RUBBER MARKETING CO-OPERATIVE SOCIETY LTD.NO.3094, MUVATTUPUZHA, PIN-686661.

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R2&R3 BY ADVS.SRI.SHYSON P.MANGUZHA

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R1 SRI K.P.HARISH, SENIOR GOVERNMENT PLEADER

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 02.11.2018, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No. 28021 of 2018

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-2-

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JUDGMENT

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The petitioner, who is a member of

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Muvattupuzha Rubber Marketing Co-operative Society Limited, the 3^rd respondent herein, has filed this

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writ petition under Article 226 of the Constitution of India, seeking a writ of certiorari to quash Ext.P1 sale notice dated 23.07.2018 issued by the 3^rd respondent and seeking other consequential reliefs, including a declaration that the Administrative Committee appointed under Section 32(1)(d) of the Kerala Cooperative Societies Act, 1969 does not have the competence to alienate the property of the 3^rd respondent Society.

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2. On 17.08.2018, when this writ petition came up for admission, the learned Senior Government Pleader took notice on admission for the 1^st respondent. Urgent notice on admission by special messenger was ordered to respondents 2 and 3.

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3. On 21.08.2018, when this writ petition

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WP(C).No. 28021 of 2018 -3-

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came up for consideration, despite service of notice, none appeared for respondents 2 and 3. This Court passed an interim order, whereby confirmation of sale, if any, conducted pursuant

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to Ext.P1 sale notice was ordered to be deferred for a period of three weeks. The said interim order was extended by one month on 10.09.2018.

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4. The 2^nd and 3^rd respondents entered appearance and filed their counter affidavit, opposing the reliefs sought for in this writ petition.

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5. After hearing the learned counsel on both sides, this Court passed the following order on 16.10.2018;

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“Along with the counter affidavit filed by respondents 2 and 3, they have produced Ext.R3(e) order of the Division Bench of this Court dated 28.09.2018 in Contempt Case (c) No.1013 of 2018. It is made clear that pendency of this writ petition or the interim order dated 21.08.2018 will not stand in the way of respondents 2 and 3 in conducting sale of the property pursuant to the direction contained in Ext.R3(e) of this Court in Contempt Case (C) No.1013 of 2018.”

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WP(C).No. 28021 of 2018 -4-

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6. Today when this case is taken up for

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consideration, the learned counsel for the petitioner would submit that sale has already been conducted on 31.10.2018 and the confirmation of

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sale is now pending before the 1^st respondent Joint Registrar. The learned counsel for the petitioner seeks permission to withdraw this writ petition, without prejudice to the right of the petitioner

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to invoke the statutory remedy, if any, against the sale conducted on 31.10.2018.

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In such circumstances, recording the above submission made by the learned counsel for the petitioner, this writ petition is dismissed as withdrawn, reserving the aforesaid right of the petitioner.

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Sd/ANIL K.NARENDRAN

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JUDGE

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bpr

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//TRUE COPY// P.A. TO JUDGE

E. C.Kuriakose v. Joint Registrar of Co-Operative Societies

Case brief

What is this about?

What did the court decide?

E. C.Kuriakose v. Joint Registrar of Co-Operative Societies

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Statutes considered

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