Allowed

M.S.Anil v. the Joint Registrar (General) of Co-Operative Societies

Kerala HC23 Jul 2019WP(C)/15237/2019

Case brief

AI extract

What is this about?

The High Court of Kerala at Ernakulam addressed a contempt case and a writ petition where an inquiry report was issued violating an interim order. The court accepted the respondent's apology and explanation regarding lack of knowledge of the interim order, condoned the violation, closed the contempt case, set aside the report, and allowed the writ petition while preserving the official respondents

What did the court decide?

Contempt case closed; Writ Petition No.15237 of 2019 allowed; Section 68(1) report set aside; Liberty preserved for officials to pursue further actions.

M.S.Anil Vs the Joint Registrar (General) of… — Cooperative Societies | Kerala HC (2019)

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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 DEVAN RAMACHANDRAN

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TUESDAY, THE 23RD DAY OF JULY 2019 / 1ST SRAVANA, 1941

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Con.Case(C).No.1387 of 2019 IN WP(C). 12280/2019

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AGAINST THE ORDER/JUDGMENT IN WP(C) 12280/2019 DATED 12.04.2019 OF THE HIGHCOURT OF KERALA

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PETITIONER/PETITIONER:

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M.S.ANIL, AGED 52 YEARS, S/O.SREEDHARAN, SANKARA VILASAM, MARAYAMUTTOM, NEYYATTINKARA, THIRUVANANTHAPURAM.

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BY ADVS. SRI.B.S.SWATHY KUMAR SMT.ANITHA RAVINDRAN

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RESPONDENTS/2ND RESPONDENT:

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SAJITHA.R.S.,

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(AGE AND FATHER'S NAME NOT KNOWN TO THE PETITIONER) THE INQUIRY OFFICER/UNIT INSPECTOR, PARASSALA UNIT, OFFICE OF THE ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES(G), NEYYATTINKARA, THIRUVANATHAPURAM-695121

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BY ADV. GOVERNMENT PLEADER

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THIS CONTEMPT OF COURT CASE (CIVIL) HAVING COME UP FOR ADMISSION ON 23.07.2019, ALONG WITH WP(C).15237/2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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Con.Case(C) 1387/2019 & WP(C).15237/2019

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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 DEVAN RAMACHANDRAN

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TUESDAY, THE 23RD DAY OF JULY 2019 / 1ST SRAVANA, 1941

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WP(C).No.15237 of 2019

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PETITIONER:

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M.S.ANIL, AGED 52 YEARS, SANKARA VILASAM,MARAYAMUTTOM, NEYYATTINKARA, THIRUVANANTHAPURAM.

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BY ADVS.

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SRI.B.S.SWATHY KUMAR SMT.ANITHA RAVINDRAN

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RESPONDENT/S:

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1 THE JOINT REGISTRAR (GENERAL) OF CO-OPERATIVE SOCIETIES, THIRUVANANTHAPURAM,PIN-695001.

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2 THE INQUIRY OFFICER/THE UNIT INSPECTOR, PARASSALA UNIT,OFFICE OF THE ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES(G), NEYYATTINKARA,THIRUVANANTHAPURAM.

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3 V.JAYAN, SOUGHT TO BE IMPLEADED

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BY ADVS. SMT.C.S.SHEEJA,SR.GP SRI.P.C.SASIDHARAN SMT.REKHA VASUDEVAN

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 23.07.2019, ALONG WITH Con.Case(C).1387/2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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Con.Case(C) 1387/2019 & WP(C).15237/2019

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JUDGMENT

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The afore contempt case and writ petition

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are being considered together because the

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constitutive issues are similar, if not identical.

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The Contempt Case (C)No.1387 of 2019

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has been filed alleging that in spite of the directions therein, the respondent has issued a final report under Section 68(2) of the Kerala Co-operative Societies Act, even though they were directed not to do so by this Court. As far as W.P.(C) No.15327 of 2019 is concerned, the

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petitioner assails the aforementioned report again on the same ground, however, raising other collateral challenges also.

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When this matter was considered by me on 19.07.2019, I directed the learned Senior

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Government Pleader to inform this Court as to why the Section 68(2) report had been issued in spite

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Con.Case(C) 1387/2019 & WP(C).15237/2019

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of the directions of this Court. The learned Senior Government Pleader had then sought time to file an affidavit; and today when this matter is called, I see that an affidavit has been placed on record with the following averments:

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“2. The above Contempt of Court Case is filed alleging that this respondent violated the interim order dated 12.04.2019 of this Hon'ble Court in WP(C) No.12280/2019. It is humbly submitted that this respondent was appointed as the Enquiry Officer as per order No.CRP(1) 8593/17 dated 21.12.2018 for conducting the enquiry under Section 68(1) of the Kerala Cooperative Societies Act against the Board of Directors of the Marayamuttom Service Cooperative Bank Ltd.No.984. This Hon'ble Court in the above Writ Petition (C) had directed the respondent to defer with further proceedings under Section 68(1) of the Act. As part of the enquiry and finalization of enquiry proceedings, the petitioner and other Managing Committee members of the society were called for hearing on 16.04.2019. However, they did not attend the hearing and hence the Report was submitted on 17.04.2019. This respondent was quite unaware of the interim order dated 12.04.2019 of this Hon'ble Court at the instance of filing of this Report.

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Con.Case(C) 1387/2019 & WP(C).15237/2019

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3. It is humbly submitted that the interim direction of this Honble Court to defer with further proceedings was on 12.04.2019. The next working day was on 16.04.2019. The said order was communicated to the office of the Joint Registrar on 16.04.2019 in the Afternoon. However, this respondent was not aware of the interim order. Since the petitioner did not attend the hearing the report was finalized and submitted. Only thereafter, this respondent came to know about the interim order of this Hon'ble Court. Hence, no further proceedings pursuant to the Report were taken by this respondent and the Joint Registrar. The Report under Section 68(1) happened to be presented in the circumstances, narrated above. It was not done willfully or deliberately.

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4. It is humbly submitted that this respondent hereby withdraws the above Report and is ready to submit a fresh Report after affording an opportunity of hearing to the petitioner and other Managing Committee members of the Society if this Hon'ble Court directs so. There is no willful latches or negligence on the part of this Respondent and the Report happened to be presented in the circumstances narrated above. I tender my unconditional apology and inconvenience if any caused to this Hon'ble Court may kindly be condoned in the interest of justice”.

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In view of the afore, it becomes obvious

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Con.Case(C) 1387/2019 & WP(C).15237/2019

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that no further action is required in these cases and I, therefore, close the above Contempt Case, accepting the afore explanation and I allow W.P. (C) No.15237 of 2019 and set aside Ext.P7 report therein; however, leaving liberty to the official respondents to pursue further action, subject to the directions to be issued by this Court including in the W.P.(C) No.19331 of 2019, which is still pending.

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Sd/-

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DEVAN RAMACHANDRAN

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JUDGE

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Con.Case(C) 1387/2019 & WP(C).15237/2019

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APPENDIX OF Con.Case(C) 1387/2019

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PETITIONER'S/S EXHIBITS:

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ANNEXURE A CERTIFIED COPY OF THE ORDER DATED 12.04.2019 IN WP(C)NO.12280/2019

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ANNEXURE B TRUE COPY OF THE INQUIRY REPORT UNDER SECTION 68(1) DATED 17.4.2019 OF THE RESPONDENT

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ANNEXURE C CERTIFIED COPY OF THE JUDGMENT IN WP(C)NO.12280/2019 DATED 31.5.2019

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Con.Case(C) 1387/2019 & WP(C).15237/2019

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APPENDIX OF WP(C) 15237/2019

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PETITIONER'S/S EXHIBITS:

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EXHIBIT P1 TRUE COPY OF THE ORDER IN I.A.NO.6982/2018 IN W.P(C)NO.10128/2018 DATED 11.4.2018

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EXHIBIT P2 TRUE COPY OF THE ORDER NO.CRP(1)8593/17 DATED 21.12.2018 OF THE 1ST RESPONDENT EXHIBIT P3 TRUE COPY OF THE APPEAL FILED BY THE PETITIONER DATED 18.2.2019 EXHIBIT P4 TRUE COPY OF THE LETTER NO.3719/18 DATED NIL OF THE 2ND RESPONDENT. EXHIBIT P5 TRUE COPY OF THE COMMUNICATION NO.CO-OPC/84/2019 -CO-0P DATED 6.4.2019 EXHIBIT P6 TRUE COPY OF THE ORDER IN W.P(C)NO.12280/2019 DATED 12/4/2019. EXHIBIT P7 TRUE COPY OF THE ENQUIRY REPORT UNDER SECTION 68(1)DATED 17.4.2019 OF THE 2ND RESPONDENT. EXHIBIT P8 TRUE COPY OF THE LETTER NO.CRP(1)3933/2019 DATED 22.5.2019.

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RESPONDENT'S/S EXHIBITS:

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EXHIBITR1(A) TRUE COPY OF THE ORDER GO(RT)NO.411/2019/CO-OP DATED 28.6.2019 EXHIBITR1(B) TRUE COPY OF VALUATION CERTIFICATE NO KEISCO/VAL/613/2016/81 DATED 31.10.2016 COMPLETED ON 2008 EXHIBITR1(C) TRUE COPY OF VALUATION CERTIFICATE NO KEISCO/VAL/613/2016/81 DATED 31.10.2016 COMPLETED ON 7.1.2016 EXHIBITR1(D) TRUE COPY OF THE CIRCULAR NO 26/85 EXHIBITR1(E) TRUE COPY OF THE CIRCULAR NO 50/2000 //TRUE COPY// PA TO JUDGE

M.S.Anil v. the Joint Registrar (General) of Co-Operative Societies

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M.S.Anil v. the Joint Registrar (General) of Co-Operative Societies

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