A writ petition by an Executive Committee Member ousted from the renewal list for her Angana Group. The Court directed the District Mission Co-ordinator to consider the petitioner's complaints and take action after a hearing.
Direction to the respondent to consider the petitioner's complaints and take action after a hearing within two weeks.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE SMT. JUSTICE P.V.ASHA
FRIDAY, THE 18TH DAY OF DECEMBER 2020 / 27TH AGRAHAYANA, 1942 WP(C).No.28396 OF 2020(Y)
PETITIONER:
NIRMALA RAJAPPAN, AGED 62 YEARS W/O. V.A. RAJAPPAN, VATTATHARA HOUSE, NEAR KSRTC EAST, ERNAKULAM-682035.
BY ADV. SMT.T.B.REMANI
RESPONDENTS:
1 THE STATE OF KERALA, REPRESENTED BY SECRETARY TO GOVERNMENT, LOCAL SELF GOVERNMENT (IA) DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695001
2 THE DISTRICT COLLECTOR, ERNAKULAM-682030.
3 THE DISTRICT MISSION CO-ORDINATOR, KUDUMBASREE, CIVIL STATION, KAKKANAD, PIN-682030.
4 THE MEMBER SECRETARY, SOUTH COMMUNITY DEVELOPMENT SOCIETY, URBAN POVERTY ALLEVIATION DEPARTMENT, NEAR SPECIALIST HOSPITAL, ERNAKULAM NORTH-682018.
OTHER PRESENT:
GP-SMT.VINITHA.B
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 18.12.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No.28396 OF 2020(Y)
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J U D G M E N T
Petitioner claims to be an Executive Committee
Member of Neighbour Hood Group No.49 in Division No.63 of Cochin Corporation (Angana Group). It is stated that she was also the Secretary till 2018. The complaint of the petitioner is that she is ousted from the list given by the present officer bearers before the 4th respondent for renewal of affiliation and that affiliation has been granted without notice to the petitioner. On coming to know about this, petitioner has submitted Ext.P3 complaint. It is stated that Ext.P3 complaint is submitted before the 3rd respondent on 12.11.2020. Petitioner had also preferred Ext.P1 complaint in 2019 alleging illegalities committed by the Secretary and President. It is pointed out that as per the provisions contained in Clause 20.1.3, Sub Clause 5
WP(C).No.28396 OF 2020(Y)
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of the Kudumbasree Community Development Society
byelaw, the complaint has to be acted upon by the 3rd respondent within 15 days.
Therefore the writ petition is disposed of directing the 3rd respondent to consider Exts.P1 and P3 complaints submitted by the petitioner and to take appropriate action after affording an opportunity of
hearing to the petitioner as well as the persons who are likely to be affected including officer bearers of Neighbour Hood Group No.49 in Division No.63 of Cochin Corporation (Angana Group), within a period of 'two weeks' from the date of receipt of a copy of
the judgment.
Sd/- P.V.ASHA, JUDGE
AS
WP(C).No.28396 OF 2020(Y)
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APPENDIX
PETITIONER'S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE COMPLAINT DATED 07/06/2019. EXHIBIT P2 TRUE COPY OF THE COMPLAINT DATED 15/07/2019 FILED BEFORE THE 2ND RESPONDENT. EXHIBIT P3 TRUE COPY OF THE COMPLAINT DATED 12/11/2020 FILED BEFORE THE 3RD RESPONDENT. EXHIBIT P4 TRUE COPY OF THE RELEVANT PAGES OF THE BY LAW.
1 issue framed by the court
Whether the writ petition should be disposed of directing the third respondent to consider the petitioner's complaints.
NIRMALA RAJAPPAN
THE STATE OF KERALA
THE DISTRICT COLLECTOR, ERNAKULAM
THE DISTRICT MISSION CO-ORDINATOR, KUDUMBASREE
THE MEMBER SECRETARY, SOUTH COMMUNITY DEVELOPMENT SOCIETY
P.V.ASHA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
