Partly allowed

Rajan M. K. v. Krishi Officer

Kerala HC29 Nov 2021WP(C)/2337/2020

Case brief

AI extract

What is this about?

A writ petition sought mandamus for a fresh notice of Annual General Meeting and takeover of administration of a farmers' cooperative society. The Court found directed prayers infructuous but directed the Special Officer to conduct elections expeditiously.

What did the court decide?

The prayers framed in the initial part of the petition were dismissed as infructuous; however, a direction was issued for the 2nd respondent to conduct elections as expeditiously as possible in accord

Rajan M. K. Vs Krishi Officer — Service and Employment | Kerala HC (2021)

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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 P.V.KUNHIKRISHNAN

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MONDAY, THE 29TH DAY OF NOVEMBER 2021 / 8TH AGRAHAYANA, 1943
WP(C) NO. 2337 OF 2020

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PETITIONER:

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RAJAN M. K.
AGED 62 YEARS
S/O. KULLAPPAN, MARAKKATH HOUSE,
MULLASSERRY P. O., 680 509, THRISSUR DISTRICT.
BY ADVS.
RAJIT
PARVATHY MANOJ

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RESPONDENTS:

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1KRISHI OFFICER
KRISHI BHAVAN, VENGIDANGU, THRISSUR,
KERALA - 680 510.
2PUNJA SPECIAL OFFICER
PUNJA SPECIAL OFFICE, CHEMBUKKAVU,
THRISSUR - 680 020.
3ELAMUTHA KOL PADAVU KARSHAKA SANKHAM
P. O. KANNOTH, VENGIDANGU - 680 510., REPRESENTED
BY THE SECRETARY.
4SECRETARY
ELAMUTHA KOL PADAVU KARSHAKA SANKHAM, P. O.
KANNOTH, VENGIDANGU - 680 510.
BY ADVS.
SMT.VIDYA KURIAKOSE, GOVT.PLEADER
SMT.MEENA.A.
SRI.VINOD RAVINDRANATH
SMT.M.R.MINI
SRI.ASHWIN SATHYANATH
SRI.ROHIT NANDAKUMAR
SRI.K.C.KIRAN

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 29.11.2021, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:

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W.P.(C).No.2337/2020

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P.V.KUNHIKRISHNAN, J.

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W.P.(C).No.2337 of 2020

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Dated this the 29^th day of November, 2021

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JUDGMENT

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This writ petition is filed with following prayers:

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i. Issue a Writ of Mandamus or any appropriate writ order or direction commanding the 4^th Respondent to issue a fresh notice calling for Annual General Meeting, in accordance with Exhibit-P1 By-Law.

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ii. Issue a Writ of Mandamus or any appropriate writ order or direction directing the 1^st Respondent to ensure that until the new committee is elected after following the established procedure, the administration of the 3^rd respondent is taken over by the 1^st and 2^nd respondent.

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iii. Grant such other relief deemed fit to this Hon'ble court.

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Today, when this writ petition came up for consideration, the learned Government Pleader takes me through paragraphs 5 and 6 of the statement filed by the 2^nd respondent, which is extracted hereunder:

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“5. Thereafter a hearing was also conducted on

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W.P.(C).No.2337/2020

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08.11.2019 and petitioner and representatives of the above committee were heard. On examining facts and records it is learnt that the annual general body of the committee was unauthorizedly held on 31.07.2019. These activities had been done without the permission of Puncha Special Officer, Thrissur. 6. It is submitted that the Agricultural Officer, Vengitangu has also reported that the procedure of annual general body meeting was not in accordance with law and the same may again be convened. In the above circumstances, a direction has been given to Agricultural Officer, Vengitangu to fix and inform a date for conducting general body meeting of the above committee and to ensure that the proper notices are being issued to all farmers and report. The Agricultural Officer, Vengitangu vide letter No. KBVKG 01/2019-20 informed that the annual general body meeting of Elamutha Kole Karshaka Sangam will be held on 12.12.2019 at 10.30 am. The Puncha Special Officer, Thrissur, Deputy Tahsildar and Village Officer concerned were present for the same. The meeting decided that since the new Administrative committee was elected in accordance with majority opinion of farmers on 31.07.2019, the decision was taken to continue the newly elected committee until the farming activities for the current year ends. Minutes of the meeting held on 12.12.2019 was also submitted by the Agricultural Officer.”

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W.P.(C).No.2337/2020

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In the light of the above, I am of the view that the prayers in the writ petition are infructuous. Then the counsel for the petitioner submitted that the respondents are not conducting election and he is limiting his prayer to conduct the election immediately.

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Therefore, the 2^nd respondent is directed to do the needful to conduct the election, as expeditiously as possible, in accordance with law.

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With the above observation, the writ petition is closed.

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sd/-

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P.V.KUNHIKRISHNAN JUDGE

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W.P.(C).No.2337/2020

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APPENDIX OF WP(C) 2337/2020

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PETITIONER EXHIBITS
EXHIBIT P1TRUE COPY OF THE BYE-LAWS OF THE 3RD
RESPONDENT SANKHAM.
EXHIBIT P2TRUE COPY OF THE NOTICE DATED 9.7.2019
ISSUED BY THE 4TH RESPONDENT.
EXHIBIT P3TRUE COPY OF THE MINUTES OF THE
MEETING HELD ON 31.7.2019.
EXHIBIT P4TRUE COPY OF THE LETTER ISSUED BY THE
1ST RESPONDENT TO THE 2ND RESPONDENT
DATED 23.10.2019.

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EXHIBIT P5TRUE COPY OF THE NOTICE DATED
3.12.2019 ISSUED BY THE 4TH RESPONDENT
SECRETARY.
EXHIBIT P6TRUE COPY OF THE MINUTES OF THE
MEETING HELD ON 12.12.2019.
RESPONDENT’S EXHIBITS

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EXHIBIT R4(A)COPY OF THE FIR NO.698/17 DATED
24.5.2017
EXHIBIT R4(B)COPY OF LETTER DATED 30.10.2019 BY
SRI.SUKUMARAN ADDRESSED TO THE DGP,
THIRUVANANTHAPURAM
EXHIBIT R4(C)COPY OF THE NOTICE DATED 13.02.2020
ISSUED BY THE 4TH RESPONDENT

Rajan M. K. v. Krishi Officer

Case brief

What is this about?

What did the court decide?

Rajan M. K. v. Krishi Officer

Case brief

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What did the court decide?

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