Disposed

K.K.Abraham v. State of Kerala

Kerala HC17 Jan 2020WP(C)/584/2020

Case brief

AI extract

What is this about?

The Court directed the Joint Registrar (3rd respondent) to consider the reply filed by petitioners to the Section 68(2) notice, hear them on objections, and pass reasoned orders before disposing of the matter.

What did the court decide?

Directed the 3rd respondent to consider the petitioners' reply and pass orders after hearing them on objections under Section 68(2) of the Kerala Co-operative Societies Act.

K.K.Abraham Vs State of Kerala — Company and Corporate | 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 A.K.JAYASANKARAN NAMBIAR

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FRIDAY, THE 17TH DAY OF JANUARY 2020 / 27TH POUSHA, 1941

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WP(C).No.584 OF 2020(W)

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PETITIONERS:

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1 K.K.ABRAHAM AGED 58 YEARS S/O (LATE) KURIAKOSE, KUZHUMBIL HOUSE, PULPALLY.P.O, WAYANAD DISTRICT-673579.

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2 KURIAN.T.S, AGED 58 YEARS S/O SEBASTIAN,THEKKUMALAYIL, PADICHIRA VILLAGE,SASIMALA.P.O, PULPALLY,WAYANAD DISTRICT-673579.

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3 JANARDHANAN PAMBANAL @ MANI PAMPANAL, AGED 48 YEARS S/O RAJAPPAN,PAMBANAL, PADICHIRA VILLAGE,SASIMALA.P.O, PULPALLY, WAYANAD DISTRICT-673579.

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4 BINDHU CHANDRAN, AGED 44 YEARS W/O CHANDRAN, KOOR MULLANIYIL HOUSE, KALANADIKOLLY.P.O, KALLUVAYAL, PULPALLY,WAYANAD DISTRICT-673579.

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5 V.M.PAULOSE, AGED 55 YEARS S/O MATHAI,VELLILAMTHADATHIL, ALOORKUNNU,BHOODANAM COLONY.P.O, PULPALLY,WAYANAD DISTRICT-673579.

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6 C.V.VELAYUDHAN, AGED 60 YEARS S/O KANNAMCHETTY,CHERIYA VEDANKOTTU HOUSE, PULPALLY, WAYANAD DISTRICT-673579.

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7 SUJATHA DILEEP, AGED 54 YEARS W/O DILEEPKUMAR,PAYATTUKALAYIL HOUSE, NADAVAYAL VILLAGE,VELIYAMBAM.P.O,

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WP(C).No.584 OF 2020(W) 2

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PULPALLY, WAYANAD DISTRICT-673579.

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BY ADVS. SRI.P.A.MOHAMMED SHAH SRI.K.ARJUN VENUGOPAL SHRI.MUHAMMED JANAISE V. SHRI.ASWIN KUMAR M J SHRI.MOHAMED MUSTHAFA A.K. SMT.HELEN P.A. SRI.SHAHIR SHOWKATH ALI

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RESPONDENTS:

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1 STATE OF KERALA REPRESENTED BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF CO-OPERATION, SECRETARIAT,THIRUVANANTHAPURAM-695001.

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2 THE REGISTRAR OF CO-OPERATIVE SOCIETIES, O/O REGISTRAR OF CO-OPERATIVE SOCIETIES, VAZHUTHACAUD, THIRUVANANTHAPURAM-695014.

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3 THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES(GENERAL), O/O JOINT REGISTRAR OF THE CO-OPERATIVE SOCIETIES, KALPETTA.P.O, WAYANAD DISTRICT-673592.

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4 T.S.JOHNSON, ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES(GENERAL), CHIEF ENQUIRY OFFICER,SULTHANBATHERY.P.O, WAYANAD DISTRICT-673592.

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5 THE PULPALLY SERVICE CO-OPERATIVE BANK LTD.NO.10153, PULPALLY.P.O, WAYNAD DISTRICT-673579, REPRESENTED BY ITS SECRETARY.

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R1 SR GP C. S SHEEJA

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 17.01.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No.584 OF 2020(W) 3

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JUDGMENT

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The petitioners have approached this Court aggrieved by Ext.P20 notice issued to them under Section 68(2) of the Kerala Co-operative Societies Act (hereinafter referred to as 'the Act'). I note from the writ petition that, on receipt of Ext.P20 notice, the petitioners have also preferred Ext.P21 reply before the 3^rd respondent. Taking note of the said fact, without going into the merits of the issue, I direct that the 3^rd respondent shall consider Ext.P21 reply to Ext.P20 notice, and pass orders in terms of Section 68(2) of the Act, only after hearing the petitioners on the objections already filed by them. The order to be passed by the 3^rd respondent shall also advert to the objections of the petitioners on the various aspects raised in Ext.P21, and give reasons for the decision arrived at in his order. The petitioners shall produce a copy of the writ petition along with a copy of this judgment, before the 3^rd respondent, for further action.

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The writ petition is disposed as above.

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Sd/-

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A.K.JAYASANKARAN NAMBIAR

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JUDGE

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hmh

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WP(C).No.584 OF 2020(W) 4

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APPENDIX

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PETITIONER'S/S EXHIBITS:

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EXHIBIT P1	THE BY-LAWS OF THE SOCIETY IS AMENDED
	TIME TO TIME. THE TRUE COPY OF THE BY- LAW OF THE SOCIETY DATED 'NIL'
EXHIBIT P2	THE TRUE COPY OF THE ORDER APPROVING THE BY-LAWS ALONG WITH CERTIFICATE AND TEXT OF BY-LAW ISSUED BY THE 3RD RESPONDENT DATED 06.02.2015
EXHIBIT P3	THE TRUE COPY OF THE COMPLAINT FILED BY THE CPI(M)LOCAL SECRETARY TO THE MINISTER DATED 09.01.2017 WHICH WAS OBTAINED UNDER RIGHT TO INFORMATION ACT.
EXHIBIT P4	THE TRUE COPY OF THE COMPLAINT FILED BY THE AREA SECRETARY,PULPALLY ,OF COMMUNIST PARTY OF INDIA(MARXIST)DATED 10.02.2017 WHICH IS OBTAINED BY RIGHT TO INFORMATION ACT
EXHIBIT P5	THE TRUE COPY OF THE COMPLAINT SUBMITTED BY VS CHACK0 BEFORE THE STATE SECRETARY OF CPI(M)DATED 08.05.2017
EXHIBIT P6	THE TRUE COPY OF THE THIS JUDGMENT OF THIS HON'BLE COURT IN WP(C)NO.28127/2017 DATED 24.08.2017
EXHIBIT P7	THE TRUE COPY OF THE ENQUIRY REPORT SUBMITTED BY THE 4TH RESPONDENT DATED 17.07.2018.
EXHIBIT P8	THE TRUE COPY OF THE NOTICE ISSUED BY THE 3RD RESPONDENT DATED 29.09.2018.
EXHIBIT P9	THE TRUE COPY OF THE REPLY SUBMITTED BY THE IN HIS CAPACITY AS THE PRESIDENT OF THE SOCIETY DATED 15.10.2018
EXHIBIT P10	THE TRUE COPY OF THE APPLICATION SUBMITTED BY THE PETITIONER ON 08.10.2018.
EXHIBIT P11	THE TRUE COPY OF THE JUDGMENT OF THIS HON'BLE COURT IN WPC NO.34965/2018 DATED

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WP(C).No.584 OF 2020(W) 5

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25.10.2018.

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EXHIBIT P12	THE TRUE COPY OF THE JUDGMENT OF DIVISIONAL BENCH OF THIS HON'BLE COURT IN WRIT APPEAL 2232/2018 DATED 16.11.2018
EXHIBIT P13	THE TRUE COPY OF THE ORDER NO.CRP/1849/17 DATED 08.11.2018 ISSUED BY THE 3RD RESPONDENT
EXHIBIT P14	THE TRUE COPY OF THE ORDER NO.CRP/1849/17 DATED 1/12/18 ISSUED BY THE 3RD RESPONDENT UNDER SECTION 32(1)OF THE CO-OPERATIVE SOCIETIES ACT,1969
EXHIBIT P15	A TRUE COPY OF THE REPLY SUBMITTED BY THE PETITIONER DATED 07.12.2018
EXHIBIT P16	THE TRUE COPY OF THE RELEVANT PAGES OF THE COUNTER AFFIDAVIT DATED 14.12.2018.
EXHIBIT P17	THE TRUE COPY OF THE ORDER DATED 15.12.2018
EXHIBIT P18	THE TRUE COPY OF THE APPEAL DATED 13.02.2019
EXHIBIT P19	THE TRUE COPY OF THE JUDGMENT OF THIS HONOURABLE COURT IN WP(C)NO.40461 OF 2018 DATED 14.02.2019
EXHIBIT P20	THE TRUE COPY OF THE ORDER ISSUED TO THE PETITIONERS DATED 31.12.2019
EXHIBIT P21	THE TRUE COPY OF THE REPLY DATED 07.01.2020.

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RESPONDENT'S/S EXHIBITS: NIL

K.K.Abraham v. State of Kerala

Case brief

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K.K.Abraham v. State of Kerala

Case brief

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