Disposed

Amaravila Chudukal Ulpadaka Kraya Vikraya Sahakarana Sanghom Ltd. No.K.v.Ind (T) 3 v. the Secretary, Kerala Khadi and Village Industries Board

Kerala HC9 Oct 2020WP(C)/18284/2020

Case brief

AI extract

What is this about?

In a writ petition, the High Court of Kerala directed two respondents to forward the petitioner society's application for selling property to the Director of Industries. The Court held that Rule 54(2) mandates such consideration by the Director rather than the original respondents.

What did the court decide?

Directing respondents 2 and 3 to forward the application to the Director of Industries Department forthwith for consideration and passing orders.

Amaravila Chudukal Ulpadaka Kraya Vikraya Sahakarana… — Property and Title | 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 09TH DAY OF OCTOBER 2020 / 17TH ASWINA, 1942

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WP(C).No.18284 OF 2020(I)

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PETITIONER:

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AMARAVILA CHUDUKAL ULPADAKA KRAYA VIKRAYA SAHAKARANA

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SANGHOM LTD. NO.K.V.IND (T) 3 AMARAVILA, NEYYATTINKARA P.O, THIRUVANANTHAPURAM, REPRESENTED BY ITS SECRETARY L. PAVITHRAN

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BY ADVS. SRI.D.SAJEEV SMT.LIGEY ANTONY

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RESPONDENTS:

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1 THE SECRETARY, KERALA KHADI AND VILLAGE INDUSTRIES BOARD,

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OFFICE OF THE KERALA KHADI AND VILLAGE INDUSTRIES BOARD, VANCHIYOOR P.O, THIRUVANANTHAPURAM 695 035.

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2 THE REGISTRAR, KERALA KHADI AND VILLAGE INDUSTRIES BOARD, OFFICE OF THE KERALA KHADI AND VILLAGE INDUSTRIES BOARD, VANCHIYOOR P.O, THIRUVANANTHAPURAM 695 035

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3 THE DISTRICT REGISTRAR (PROJECT OFFICER) DISTRICT KHADI AND VILLAGE INDUSTRIES OFFICE, UPPALAM ROAD, GPO, THIRUVANANTHAPURAM 695 001.

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BY SR.GOVERNMENT PLEADER:SMT.SHEEJA.C.S

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THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 09.10.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No.18284 OF 2020(I)

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JUDGMENT

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The petitioner Society claims to be in dire financial constraints. The General Body of the Society resolved to sell away a portion of its assets to wipe off the liabilities. Ext.P7 is the resolution of the General Body of the Society favoring the aforesaid. The Society submitted Ext.P8 application before respondents 2 and 3. The writ petition is filed seeking a direction to respondents 2 and 3 to consider and pass orders on the said application.

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Heard Sri.D.Sajeev, the learned counsel for the petitioner and Smt.Sheeja.C.S, the learned Senior Government Pleader.

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Rule 54(2) of the Co-operative Societies Rules stipulates that immovable property belonging to Society shall not be disposed of without prior sanction of the General Body and of the Registrar. It is in tune with the said provision that the application has been filed. The learned Government Pleader points out that the application is to be considered by the Director of Industries and not by respondents 2 and 3.

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WP(C).No.18284 OF 2020(I)

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In view of the above, I dispose of this writ petition directing respondents 2 and 3 to forward the application submitted by the petitioner, to the Director of Industries Department forthwith, who shall consider the same and pass appropriate orders thereon, after hearing the parties.

Sd/-

SATHISH NINAN

JUDGE

rsr

WP(C).No.18284 OF 2020(I)

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APPENDIX

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PETITIONER'S/S EXHIBITS:

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EXHIBIT P1 TRUE COPY OF THE LETTER NO. K.B 280/15/CO.OP DATED 18-05-2018 ISSUED BY THE 1ST RESPONDENT

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EXHIBIT P2 TRUE COPY OF THE RESOLUTION DATED 09-072019 OF THE MANAGING COMMITTEE OF THE PETITIONER-SOCIETY EXHIBIT P3 TRUE COPY OF THE APPLICATION DATED 26-072019 FILED BEFORE THE 3RD RESPONDENT EXHIBIT P4 TRUE COPY OF THE LETTER DEATED 31-01-2020 FILED BY THE PETITIONER BEFPRE THE 3RD RESPONDENT EXHIBIT P5 TRUE COPY OF THE LETTER DATED 28-01-2020 ISUED BY THE PUBLIC INFORMATION OFFICER TO THE PETITIONER. EXHIBIT P6 TRUE COPY OF THE GENERAL BODY MEETING NOTICE DATED 11-03-2020 ISSUED BY THE SOCIETY EXHIBIT P7 TRUE COPY OF THE MINUTES OF THE GENERAL BODY MEETING DATED 21-03-2020 OF THE SOCIETY EXHIBIT P8 TRUE COPY OF THE APPLICATION DATED 22-042020 ALONG WITH A CHECK LIST SUBMITTED BY THE SOCIETY BEFORE THE 3RD RESPONDENT EXHIBIT P9 TRUE COPY OF THE EXPLANATION DATED 22-042020 SUBMITTED BY THE SOCIETY BEFORE THE 3RD RESPONDENT EXHIBIT P10 TRUE COPY OF THE ORDER DATED 19-08-2020 ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER.

Amaravila Chudukal Ulpadaka Kraya Vikraya Sahakarana Sanghom Ltd. No.K.v.Ind (T) 3 v. the Secretary, Kerala Khadi and Village Industries Board

Case brief

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Amaravila Chudukal Ulpadaka Kraya Vikraya Sahakarana Sanghom Ltd. No.K.v.Ind (T) 3 v. the Secretary, Kerala Khadi and Village Industries Board

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