Disposed

Malabar Agricultural and General Marketing Co-Operative Society Ltd, v. the State of Kerala

Kerala HC20 Feb 2019WP(C)/3787/2019

Case brief

AI extract

What is this about?

The court held that a show cause notice referencing the petitioner and potentially casting stigma was illegal as it was issued without an opportunity of hearing. The petitioner was granted liberty to file objections to both the state communication and a separate notice from the Joint Registrar.

What did the court decide?

Petitioner granted liberty to file suitable objections within a month regarding the impugned communication and a notice from the Joint Registrar.

Malabar Agricultural and General Marketing… — Pension and Retirement Benefits | 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 SHAJI P.CHALY

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WEDNESDAY,THE 20TH DAY OF FEBRUARY 2019 / 1ST PHALGUNA, 1940

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WP(C).No. 3787 of 2019

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PETITIONER/S:

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MALABAR AGRICULTURAL AND GENERAL MARKETING COOPERATIVE SOCIETY LTD, NO. M 901, CHELEMBRA, MALAPPURAM DISTRICT, 673 634, REPRESENTED BY ITS SECRETARY

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BY ADV. SRI.K.RAKESH

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RESPONDENT/S:

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1 THE STATE OF KERALA, REPRESENTED BY ITS SECRETARY, DEPARTMENT OF LOCAL SELF GOVERNMENT INSTITUTIONS, SECRETARIAT, TRIVANDRUM, PIN 695 001.

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2 THEDEPUTY DIRECTOR OF PANCHAYATH, CIVIL STATION, MALAPPURAM, PIN 676 605.

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R1 & R2 BY SRI.MANURAJ.K.J,GOVERNMENT PLEADER

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 20.02.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No. 3787 of 2019 2

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JUDGMENT

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Petitioner is an agricultural Co-operative

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Society engaged in sale of Pulses, Cereals, Millets, Oil etc. after procuring it from

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agriculturists.

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According to the petitioner, petitioner is selling required commodities for a competitive price without adding transportation cost and relatively the price of the commodities is less that the rates prevailing in Maveli Stores. In

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connection with ICDS scheme, petitioner is supplying commodities to various 'Anganvadis' in tune with the decision of various Grama Panchayats

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and necessary agreements are executed in that

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regard, on the basis of Ext.P1 circular issued by the State Government.

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As per Ext.P1, the respective Grama

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Panchayats are given the liberty to purchase required commodities from Co-operative Societies

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for competitive price. However, as per Ext.P2

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dated 05.01.2019, the Deputy Director of

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Panchayats, Malappuram, has issued a general direction to the Grama Panchayats, in which, there

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is a reference made to the Society of the

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WP(C).No. 3787 of 2019 3

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petitioner and according to the petitioner, the statement contained there under is causing serious prejudice and it casts stigma on the petitioner, without any opportunity of hearing to the

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petitioner. It is thus seeking to quash Ext.P2, this writ petition is filed.

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I have heard learned counsel for the petitioner and learned Government Pleader and perused the pleadings and the documents on record.

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The sole issue to be considered by this court is, whether any manner of interference is warranted

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to Ext.P2. On a reading of Ext.P2, it is quite clear and evident that, name of the petitioner is referred to in the general order passed by the Deputy Director of Malappuram, in which, I am prima

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facie of the opinion that, it is casting stigma on the petitioner Society.

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In that view of the matter, since such an

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order is passed without providing any opportunity of hearing or participation of the petitioner, it becomes arbitrary and illegal, and violative of the principles of natural justice.

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Therefore, I treat Ext.P2 notice as a show

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cause notice and petitioner is given the liberty to

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WP(C).No. 3787 of 2019 4

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file suitable objection to the same, within a month

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from the date of receipt of a copy of this judgment, and if any such objection is received, the issue shall be finalized by the Deputy Director at the earliest possible, and at any rate, within a month thereafter.

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If any notice is received by the petitioner from the Joint Registrar of Co-operative Societies, petitioner will also be at liberty to file suitable objection to the same. Why I say so is, it is clearly spelt out in Ext.P2 that, Joint Registrar has already launched enquiry against petitioner Society.

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The writ petition is disposed of accordingly.

Sd/-

SHAJI P.CHALY

JUDGE

uu 20.02.2019

WP(C).No. 3787 of 2019 5

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APPENDIX

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PETITIONER'S/S EXHIBITS:

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EXHIBIT P1 TRUE COPY OF THE CIRCULAR ISSUED BY THE GOVERNMENT DATED 18.11.2010 AS NO 62893/DB2/LSGD. EXHIBIT P2 TRUE COPY OF THE COMMUNICATION ISSUED BY THE 2ND RESPONDENT DATED 5.1.19 TO CONCERNED GRAMA PANCHAYATHS.

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RESPONDENT'S EXHIBITS:NIL

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//TRUE COPY//

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P.A. TO JUDGE

Malabar Agricultural and General Marketing Co-Operative Society Ltd, v. the State of Kerala

Case brief

What is this about?

What did the court decide?

Malabar Agricultural and General Marketing Co-Operative Society Ltd, v. the State of Kerala

Case brief

What is this about?

What did the court decide?

What the court decided

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