Disposed

Valsakumariamma v. State of Kerala

Kerala HC15 Feb 2018WP(C)/5093/2018

Case brief

AI extract

What is this about?

This writ petition was disposed of by directing the Joint Registrar to consider the petitioner's appeal and pass orders expeditiously, within two months, after affording notice to all parties. The court expressed no opinion on the merits of the appeal.

What did the court decide?

Directed the 2nd respondent to consider and pass appropriate orders on the appeal filed by the petitioner with notice to the petitioner and respondents 3 & 4 within two months.

Valsakumariamma Vs State of 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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THURSDAY, THE 15TH DAY OF FEBRUARY 2018 / 26TH MAGHA, 1939

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WP(C).No. 5093 of 2018

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PETITIONER:

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VALSAKUMARIAMMA, AGED 58 YEARS, W/O. R.RAVIMANOHAR, 'RETIRED ACCOUNTANT', ELECTRICITY BOARD EMPLOYEES' CO-OPERATIVE SOCIETY LTD, NO.K.705, PAKKIL P.O, KOTTAYAM DISTRICT, PIN - 686 012, RESIDING AT VATTAPARAMBIL, MANARCADU P.O, KOTTAYAM, PIN - 686 019.

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BY ADVS.SRI.S.JAYAKRISHNAN

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SRI.S.PARAMESWARA PRASAD SMT.S.USHAKUMARI

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RESPONDENT(S):

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1. STATE OF KERALA, REPRESENTED BY THE SECRETARY, CO-OPERATION(C) DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695 001. 2. THE JOINT REGISTRAR(GENERAL), CO-OPERATIVE SOCIETIES, KOTTAYAM, PIN - 686 002. 3. ELECTRICITY BOARD EMPLOYEES' CO-OPERATIVE SOCIETY LTD. NO.K.705 REPRESENTED BY ITS SECRETARY, PAKKIL P.O, KOTTAYAM DISTRICT, PIN - 686 012. 4. THE BOARD OF DIRECTORS, ELECTRICITY BOARD EMPLOYEES' CO-OPERATIVE SOCIETY LTD NO.K.705, REPRESENTED BY ITS PRESIDENT, PAKKIL P.O, KOTTAYAM DISTRICT, PIN - 686 012. R1 & R2 BY SENIOR GOVERNMENT PLEADER SRI.K.P. HARISH THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 15-02-2018, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: mbr/

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WP(C).No. 5093 of 2018 (J)

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APPENDIX

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PETITIONERS' EXHIBITS:

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EXHIBIT P1	TRUE COPY OF MEMO OF CHARGES AND STATEMENT OF ALLEGATIONS DATED 27.10.2015 ISSUED BY THE 4TH RESPONDENT TO THE PETITIONER.
EXHIBIT P2	TRUE COPY OF ENQUIRY REPORT DATED 29.03.2016 OF THE 4TH RESPONDENT.
EXHIBIT P3	TRUE COPY OF SHOW CAUSE NOTICE DATED 01.04.2016 ISSUED BY THE 4TH RESPONDENT.
EXHIBIT P4	TRUE COPY OF PROCEEDINGS NO.EB/DIS/VKCN/2016-17/70/18/4/16 DATED 18.04.2016 OF THE PRESIDENT OF THE 4TH RESPONDENT COMMITTEE.
EXHIBIT P5	TRUE COPY OF PROCEEDINGS NO.EB/DIS/VKCN/2016-17/550/26/7/16 DATED 25.07.2016 OF THE PRESIDENT OF THE 4TH RESPONDENT COMMITTEE.
EXHIBIT P6	TRUE COPY OF PETITION DATED 27.10.2016 FILED BY THE PETITIONER BEFORE THE 2ND RESPONDENT UNDER RULE 176 OF THE KERALA CO-OPERATIVE SOCIETIES RULES, 1969.
EXHIBIT P7	TRUE COPY OF PROCEEDINGS NO.EB/DIS/VKCN/2016-17/136/31/5/17 DATED 29.05.2017 OF THE PRESIDENT OF THE 4TH RESPONDENT COMMITTEE.
EXHIBIT P8	TRUE COPY OF COMMUNICATION DATED 04.12.2017 ISSUED BY THE 4TH RESPONDENT.
EXHIBIT P9	TRUE COPY OF APPEAL DATED 09.01.2018 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT.

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RESPONDENTS' EXHIBITS: NIL

/TRUE COPY/

P.S.TO JUDGE

mbr/

ANIL K.NARENDRAN, J.

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----------------------------------------------- W.P.(C)No.5093 of 2018

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Dated this the 15^th day of February, 2018

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J U D G M E N T

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The petitioner, who is the former employee of the 4^th respondent Co-operative Society, has filed this writ petition seeking a writ of certiorari to quash Exts.P2, P5, P7 and P8 and seeking a writ of mandamus commanding the 2^nd respondent Joint Registrar to consider and pass appropriate orders on Ext.P9 appeal, as early as possible, after affording her an opportunity of being heard.

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Heard the learned counsel for the petitioner, the learned Senior Government Pleader appearing for respondents 1 and 2. Considering the nature of relief proposed to be granted, service of notice on respondents 3 and 4 is dispensed with.

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During the course of arguments, the learned counsel for the petitioner would submit that this writ petition may be disposed of by directing the 2^nd respondent to consider and pass appropriate orders on Ext.P9 appeal filed by the petitioner within the time limit to be fixed by this Court.

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W.P.(C)No.5093 of 2018

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:-2-:

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The learned Senior Government Pleader appearing for respondents 1 and 2 would submit that the 2^nd respondent shall consider and pass appropriate orders on Ext.P9 appeal filed by the petitioner with notice to the petitioner and also to respondents 3 and 4.

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In such circumstances, this writ petition is disposed of by directing the 2^nd respondent Joint Registrar to consider and pass appropriate orders on Ext.P9 appeal made by the petitioner, as expeditiously as possible, at any rate within a period of two months from the date of production of a certified copy of this judgment, with notice to the petitioner and also to respondents 3 and 4.

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It is made clear that this Court has not expressed anything on the merits of the contentions raised by the petitioner in Ext.P9 appeal and it is for the 1^st respondent to take an appropriate decision in that appeal, strictly in accordance with law.

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Sd/-

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ANIL K.NARENDRAN JUDGE

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ami/16.2.18

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//True copy//

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P.A.to Judge

Valsakumariamma v. State of Kerala

Case brief

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Valsakumariamma v. State of Kerala

Case brief

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