Quashed

The Pattanakkad Block Small-Scale Coir Mats and Mattings Producers Co-Operative Society LTD.NO.103 v. State of Kerala

Kerala HC18 Sept 2020WP(C)/14159/2020

Case brief

AI extract

What is this about?

The court quashed an order recommending non-award of funds and a subsequent prohibitory order passed under Section 65 of the Co-operative Societies Act, as the statutorily fixed period for the enquiry had lapsed. Fresh proceedings may be initiated by the respondents.

What did the court decide?

Exhibits P5 and P6 (the order recommending non-award of funds and the prohibitory order) are quashed.

The Pattanakkad Block Small-Scale Coir Mats and… — Writ and Judicial Review | Kerala HC (2020)

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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 SATHISH NINAN

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FRIDAY, THE 18TH DAY OF SEPTEMBER 2020 / 27TH BHADRA, 1942

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WP(C).No.14159 OF 2020(T)

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PETITIONER:

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THE PATTANAKKAD BLOCK SMALL-SCALE COIR MATS AND MATTINGS PRODUCERS CO-OPERATIVE SOCIETY LTD.NO.1034,PATTANAKKAD P.O., ALAPPUZHA DISTRICT, REPRESENTED BY ITS PRESIDENT, P.G.SATHEESAN, SON OF GANGADHARAN, AGED 60 YEARS, RESIDING AT “PUTHENVELI” HOUSE, PATTANAKKADU P.O., CHERTHALA, ALAPPUZHA DIST.

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BY ADVS. SRI.M.HARISHARMA SRI.D.NARENDRANATH

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RESPONDENTS:

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1 STATE OF KERALA REPRESENTED BY ITS SECRETARY TO COIR DEVELOPMENT DEPARTMENT, GOVERNMENT OF KERALA, THIRUVANANTHAPURAM -695 003.

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2 THE DIRECTOR DIRECTORATE OF COIR DEVELOPMENT COIR BHAVAN, NANDAVANAM, THIRUVANANTHAPURAM-695 033.

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3 MANAGING DIRECTOR

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KERALA STATE COIR CORPORATION LTD, VAZHICHERY WARD, ALAPPUZHA 688 001.

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4 THE PROJECT OFFICER (COIR) THE PROJECT (COIR), CCNB ROAD, COIR CORPORATION BUILDING, ALAPPUZHA -688 001.

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5 COIR INSPECTOR OFFICE OF THE COIR INSPECTOR, AMMUS BUILDING, THURAVOOR P.O., ALAPPUZHA-688 532,

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R2-3 BY ADV. SRI.P.C.SASIDHARAN BY SR.GOVERNMENT PLEADER:SMT.SHEEJA.C.S

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THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 18.09.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No.14159 OF 2020(T)

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JUDGMENT

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Proceedings were inititated against the petitioner society under Section 65 of the Co-operative Societies Act. Alleging non co-operation by the president Ext.P5 order was passed recommending not to grant orders from Kerala State Coir Corporation to the petitioner society.

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The statutorily mandated period fixed for enquiry under Section 65 of the Co-operative Societies Act is admittedly over. In view thereof, further proceedings under Section 65 and in terms of Exts.P5 cannot be continued. Ext.P6 prohibitory order was passed only as consequential to Ext.P5. Though the authority to issue an order in the nature of Ext.P6 is challenged, I donot consider it necessary to delve into the same since Ext.P5 is being interfered with.

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Exts.P5 and P6 are accordingly quashed. However, this will be without prejudice to the right of the

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WP(C).No.14159 OF 2020(T)

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respondents to initiate fresh proceedings/action in

accordance with law.

Sd/-

SATHISH NINAN

JUDGE

rsr

WP(C).No.14159 OF 2020(T)

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APPENDIX OF WP(C) 14159/2020

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PETITIONER'S/S EXHIBITS:

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EXHIBIT P1 TRUE COPY OF THE RESOLUTION NO.1 DATED 31/7/19 PASSED BY THE PETITIONER. EXHIBIT P2 TRUE COPY OF THE ORDER IN WPC 34911/2019 PASSED ON 19/12/19. EXHIBIT P3 TRUE COPY OF THE NOTICE DATED 7/2/2020 HAVING NO.C IT/82/19 ISSUED BY THE 5TH RESPONDENT. EXHIBIT P4 TRUE COPY OF THE LETTER DATED 22/2/2020 ISSUED BY THE PETITIONER TO THE 4TH RESPONDENT. EXHIBIT P5 TRUE COPY OF THE ORDER DATED 12/3/2020 ISSUED BY THE 4TH RESPONDENT HAVING NUMBER C 3/1301/2015. EXHIBIT P6 TRUE COPY OF THE ORDER DATED 21/3/2020 ISSUED BY THE 3RD RESPONDENT HAVING NUMBER KSCC/PPSS/2020. EXHIBIT P7 TRUE COPY OF THE PETITION DATED 6/5/2020 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT.

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WP(C).No.14159 OF 2020(T)

The Pattanakkad Block Small-Scale Coir Mats and Mattings Producers Co-Operative Society LTD.NO.103 v. State of Kerala

Case brief

What is this about?

What did the court decide?

The Pattanakkad Block Small-Scale Coir Mats and Mattings Producers Co-Operative Society LTD.NO.103 v. State of Kerala

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

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