Dismissed

Anil Kumar.K.J v. the Registrar of Co-Operative Societies

Kerala HC14 Feb 2018WP(C)/3929/2018

Case brief

AI extract

What is this about?

Petitioners seeking writ of mandamus for surcharging officers due to misappropriation under the Kerala Co-operative Societies Act withdrew the petition upon the court recording that the Joint Registrar had already appointed an Enquiry Officer to complete the enquiry within 60 days.

What did the court decide?

The writ petition is dismissed as not pressed after recording the submission that the Joint Registrar had already appointed an Enquiry Officer to complete the enquiry.

Anil Kumar.K.J Vs the Registrar of Co-Operative Societies — 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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WEDNESDAY, THE 14TH DAY OF FEBRUARY 2018 / 25TH MAGHA, 1939

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WP(C).No. 3929 of 2018

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PETITIONER(S)

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1 ANIL KUMAR.K.J,

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S/O JOSEPH K.J., AGED 48 YEARS, KATTATHUVALAYIL HOUSE, KAPIKADU, KALLARA P.O., KOTTAYAM DISTRICT.

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2 ALEYKUTTY ABRAHAM, S/O LATE K.A.ABRAHAM, AGED 82 YEARS, KOCHUPURACKAL HOUSE, KAPPUMTHALA P.O., KADUTHURUTHY, KOTTAYAM DISTRICT.

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3 CYRIAC VARKEY, S/O VARKEY, AGED 75 YEARS, PARAKKALAYIL, KADATHURUTHY P.O., KOTTAYAM DISTRICT.

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4 TESSY MATHEW, W/O MATHEW JOSEPH, AGED 58 YEARS, NEERALAKOTTIL HOUSE, ARUNUTTIMANGALAM P.O., KADAUTHURUTHY, KOTTAYAM DISTRICT.

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BY ADVS.SRI.ARJUN RAGHAVAN SRI.ADITHYA RAJEEV SRI.T.H.VISHNU

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RESPONDENT(S):

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1. THE REGISTRAR OF CO-OPERATIVE SOCIETIES, THIRUVANANTHAPURAM-695001.

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2. THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES (GENERAL), KOTTAYAM, KOTTAYAM DISTRICT-686001.

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3. THE ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES(GENERAL), VAIKOM, KOTTAYAM DISTRICT-686 141.

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4. THE KADUTHURUTHY CO-OPERATIVE RUBBER MARKETING & PROCESSING SOCIETY LTD.NO.1397, REPRESENTED BY ITS MANAGING DIRECTOR, KADUTHURUTHY, KOTTAYAM DISTRICT-686 604.

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5. THE ADMINISTRATIVE COMMITTEE OF THE KADUTHURUTHY CO-OPERATIVE RUBBER MARKETING & PROCESSING SOCIETY LTD.NO.1397, REPRESENTED BY ITS CONVENER, KADUTHURUTHY, KOTTAYAM DISTRICT-686 604.

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R1 TO R3 BY SENIOR GOVERNMENT PLEADER SRI.K.P.HARISH

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 14-02-2018, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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ANIL K.NARENDRAN, J.

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----------------------------------------------- W.P.(C)No.3929 of 2018

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Dated this the 14^th day of February, 2018

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J U D G M E N T

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The petitioners, who are the members of the 4^th respondent Marketing Society, have approached this Court in this writ petition filed under Article 226 of the Constitution of India, seeking a writ of mandamus commanding respondents 1 to 3 to appoint an officer under Section 68(1) of the Kerala Co-operative Societies Act to surcharge the persons who are responsible for the misappropriation, as suggested in Ext.P2 enquiry report, and to complete the proceedings within a time limit to be fixed by this Court.

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Today, when this writ petition came up for admission, the learned counsel for the petitioners would submit that the 2^nd respondent Joint Registrar has already issued an order dated 20.1.2018, under Section 68(2) of the Act, and appointed the 3^rd respondent Assistant Registrar of Co-operative Societies (General), Vaikom, as the Enquiry Officer, who has been directed to complete the enquiry within 60 days. In such circumstances,

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W.P.(C)No.3929 of 2018

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:-2-:

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the petitioners do not want to prosecute this writ petition further.

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Recording the aforesaid submission made by the learned

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counsel for the petitioners, this writ petition is dismissed as not

pressed.

Sd/-

ANIL K.NARENDRAN

JUDGE

ami/16.2.18

//True copy//

P.A.to Judge

Anil Kumar.K.J v. the Registrar of Co-Operative Societies

Case brief

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Anil Kumar.K.J v. the Registrar of Co-Operative Societies

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