Disposed

Madhusudanan Nair v. the Government of Kerala

Kerala HC29 Sept 2021WP(C)/738/2021

Case brief

AI extract

What is this about?

Two writ petitions challenging an order under Section 68(2) of the Kerala Co-operative Societies Act were disposed of. The court held that since an appeal is available under Section 83(1)(e), writ jurisdiction is not maintainable. The petitions were stayed without expressing an opinion on merits.

What did the court decide?

Writ petitions disposed of without expressing opinion on merits; stay petitions to be considered by the first respondent within two weeks.

Madhusudanan Nair Vs the Government of Kerala — Cooperative Societies | 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 SATHISH NINAN

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WEDNESDAY, THE 29^TH DAY OF SEPTEMBER 2021 / 7TH ASWINA, 1943

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WP(C) NO. 728 OF 2021

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PETITIONER:

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M.S.ANIL SANKARA VILASAM, MARAYAMUTTOM, NEYYATTINKARA, THIRUVANANTHAPURAM BY ADVS. B.S.SWATHI KUMAR SMT.ANITHA RAVINDRAN SRI.HARISANKAR N UNNI

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RESPONDENTS:

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1 THE JOINT REGISTRAR (GENERAL) OF CO-OPERATIVE SOCITIES VANCHIYOOR, THIRUVANANTHAPURAM,PIN-695 035 2 INQUIRY OFFICER/.SENIOR INSPECTOR, PARASSALA UNIT, OFFICE OF THE ASSISTANT REGISTRAR OF COOPERATIVE SOCIETIES (G), NEYYATTINKARA, THIRUVANANTHAPURAM695 121 3 MARAUAMUTTOM SERVICE CO-OPERATIVE BANK LTD NO.984, MARAYAMUTTOM P.O., NEYYATTINKARA, THIRUVANANTHAPURAM-695 124, REPRESENTED BY ITS SECRETARY 4 STATE OF KERALA, REPRESENTED BY ITS SECRETARY, DEPARTMENT OF CO-OPERATION (C) , SECRETARIAT, THIRUVANANTHAPURAM-695 001 BY ADVS. BY SMT.SHEEJA C.S., SR. GOVT. PLEADER T.R.HARIKUMAR ARJUN RAGHAVAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 29.09.2021 A/W WP(C) NO.738/2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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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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WEDNESDAY, THE 29^TH DAY OF SEPTEMBER 2021 / 7TH ASWINA, 1943

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WP(C) NO. 738 OF 2021

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PETITIONERS:

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1 MADHUSUDANAN NAIR AGED 68 YEARS S/O BHASKARAN NAIR,ARAMAM,THALIYOOR, MARAYAMUTTOM.P.O-695124,THIRUVANANTHAPURAM. 2 C.S.AYYAPPAN PILLAI, AGED 71 YEARS S/O.CHANDRASEKHARAN NAIR, MANAKKALA HOUSE,MARAYAMUTTOM.P.O, -695124,THIRUVANANTHAPURAM. 3 G.SASIDHARAN NAIR, AGED 73 YEARS S/O CHELLAPPAN PILLLAI,PARAYUMVILAKAM, ARUVIKKARA,MARAYAMUTTOM.P.O-695124, THIRUVANANTHAPURAM. 4 K.MADHU, AGED 48 YEARS S/O KUTTAN,PANKAJ HOUSE,KAKKANAM, MARAYAMUTTOM.P.O,-695124,THIRUVANANTHAPURAM. BY ADVS. P.N.MOHANAN C.P.SABARI AMRUTHA SURESH

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RESPONDENTS:

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1 THE GOVERNMENT OF KERALA REPRESENTED BY SECRETARY TO GOVERNMENT,CO-OPERATIVE DEPARTMENT,SECRETARIAT, THIRUVANANTHAPURAM-695001.

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2 JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES(GENERAL), OFFICE OF THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES,THIRUVANANTHAPURAM-695001.

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3 MARAYAMUTTOM SERVICE CO-OPERATIVE BANK LTD.NO.984, REPRESENTED BY ITS SECRETARY,MARAYAMUTTOM.P.O, NEYYATTINKARA-695124,THIRUVANANTHAPURAM.

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WP(C) NO. 738 OF 2021 -2-

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4 THE ADMINISTRATOR, MARAYAMUTTOM SERVICE CO-OPERATIVE CO-OPERATIVE BANK LTD.NO.984,MARAYAMUTTOM .P.O, NAYYATTINKARA-695124THIRUVANANTHAPURAM. 5 THE STATE CO-OPERATIVE ELECTION COMMISSION, REPRESENTED BY ELECTION COMMISSIONER, 3RD FLOOR,CO-BANK TOWERS,PALAYAM, VIKAS BHAVAN.P.O, THIRUVANANTHAPURAM-695033. 6 ELECTORAL OFFICER TO MARAYAMUTTOM SERVICE CO-OPERATIVE SOCIEITES, OFFICE OF THE ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES,NEYYATTINKARA,-695124, THIRUVANANTHAPURAM. 7 RETURNING OFFICER TO MARAYAMUTTOM SERVICE CO-OPERATIVE BANK LTD.NO.984, UNIT INSPECTOR,OFFICE OF THE ASSISTANT REGISTRAR OF COOPERATIVE SOCIETIES, NEYYATTINKARA,-695124,THIRUVANANTHAPURAM. BY ADVS. BY SMT.SHEEJA C.S., SR. GOVT. PLEADER T.R.HARIKUMAR SRI.M.SASINDRAN ARJUN RAGHAVAN

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 29.09.2021 A/W WP(C) NO.728/2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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SATHISH NINAN, J.

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= = = = = = = = = = = = = = = = = = W. P. (C) Nos.728 & 738 of 2021 = = = = = = = = = = = = = = = = = = Dated this the 29^th day of September, 2021

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J U D G M E N T

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Ext.P6 order of surcharge under Section 68(2) of

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the Kerala Co-operative Societies Act is under challenge

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in these writ petitions.

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The order impugned is appealable under Section

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83(1)(e) of the Act. In view of the alternate and efficacious statutory remedy, I do not consider it

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necessary to entertain these writ petitions.

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Pending the writ petitions, the petitioners have

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filed Ext.P19 appeal accompanied by Exts.P21 and P22 stay petitions.

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In the circumstances, without expressing anything on the merits, the writ petitions are disposed of directing the first respondent to consider and pass

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W. P. (C) Nos.728 & 738 of 2021 -: 2 :-

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orders on Exts.P21 and P22 stay petitions within a period of two weeks from today; and the appeal (Ext.P19) shall be disposed of within a period of two months therefrom.

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Sd/- SATHISH NINAN JUDGE

kns/-

//True Copy//

P.S. to Judge

APPENDIX OF WP(C) 738/2021

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PETITION	ER EXHIB	ITS
EXHIBIT	P1	A TRUE COPY OF THE ENQUIRY REPORT DATED 27.01.2018 OF THE ENQUIRY OFFICER
EXHIBIT	P2	A TRUE COPY OF THE JUDGMENT AS REPORTED IN 1997(2)KLT 85
EXHIBIT	P3	A TRUE COPY OF THE JUDGMENT DATED 09.11.2020 W.P(C)N0.29324/2019
EXHIBIT	P4	A TRUE COPY OF THE ENQUIRY REPORT DATED 27.08.2019 OF THE ENQUIRY OFFICER.
EXHIBIT	P5	A TRUE COPY OF THE OBJECTION SUBMITTED BY THE PETITIONERS ON 15.12.2020
EXHIBIT	P6	A TRUE COPY OF THE ORDER DATED 08.01.2021 OF THE SECOND RESPONDENT
EXHIBIT	P7	A TRUE COPY OF THE JUDGMENT AS REPORTED IN 1990 (2)KLT 470
EXHIBIT	P8	A TRUE COPY OF THE PAPER NOTIFICATION PUBLISHED IN MATHRUBHUMI DAILY DATED 13.12.2020.

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APPENDIX OF WP(C) 728/2021

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PETITIONER EXHIBITS

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EXHIBIT P1 TRUE COPY OF THE ORDER IN IA NO.6982/2018 IN WPC NO.10128/2018 DATED 11.4.2018 EXHIBIT P2 TRUE COPY OF THE ORDER NO.CRP(1) 8593/17 DATED 21.12.2018 OF THE 1ST RESPONDENT EXHIBIT P3 TRUE COPY OF THE APPEAL FILED BY THE PETITIONER DATED 18.2.2019 BEFORE THE 4TH RESPONDENT EXHIBIT P4 TRUE COPY OF THE ORDER IN WPC NO.12280/2019 DATED 12.4.2019 EXHIBIT P5 TRUE COPY OF THE INQUIRY REPORT UNDER SECTION 68(1) DATED 17.4.2019 EXHIBIT P6 TRUE COPY OF THE JUDGMENT IN WPC NO.12280/2019 DATED 31.5.2019 EXHIBIT P7 TRUE COPY OF THE ORDER NO.G.O(MS) NO.411/2019/CO-OP DATED 28.6.2019 OF THE 1ST RESPONDENT EXHIBIT P8 TRUE COPY OF THE JUDGMENT IN WPC NO.19331/2019 DATED 9.8.2019 EXHIBIT P9 TRUE COPY OF THE ARGUMENT NOTE DATED 14.8.2019 FILED BY THE PETITIONER BEFORE THE GOVERNMENT EXHIBIT P10 TRUE COPY OF THE NOTICE NO.CRP(1) 8593/17 DATED 27.8.2019 ISSUED BY THE 1ST RESPONDENT EXHIBIT P11 TRUE COPY OF THE APPLICATION FILED BY THE PETITIONERS AND OTHERS BEFORE THE 1ST RESPONDENT DATED 17.9.2019 EXHIBIT P12 TRUE COPY OF THE ORDER NO.CRP(1) 8593/17 DATED 5.10.2019 ISSUED BY THE 1ST RESPONDENT EXHIBIT P13 TRUE COPY OF THE COVERING LETTER DATED 18.12.2020 SUBMITTED BY THE PETITIONER TO THE 1ST RESPONDENT ALONG WITH EXPLANATION

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-2-

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EXHIBIT P14 TRUE COPY OF THE NOTIFICATION NO.E92) 4478/2019/SCEC DATED 11.12.2020 EXHIBIT P15 TRUE COPY OF THE ORDER NO.CRP(1) 8593/17 DATED 8.1.2021 OF THE 1ST RESPONDENT EXHIBIT P16 TRUE COPY OF THE ORDER NO.CRP(1) 8593/18 DATED 22.8.2019 ISSUED BY THE 1ST RESPONDENT EXHIBIT P17 TRUE COPY OF THE PAGES OF THE AUDIT REPORT FOR THE YEAR 2014-15 DATED 28.10.2015 EXHIBIT P18 TRUE COPY OF THE CERTIFICATE DATED 8.1.2021 ISSUED BY THE 3RD RESPONDENT TO THE PETITIONER Exhibit P19 TRUE COPY OF THE APPEAL FILED BY THE PETITIONERS AND OTHERS BEFORE THE GOVERNMENT DATED 16/09/2021 Exhibit P20 TRUE COPY OF THE CHALAN DATED 15/09/2021 FOR AN AMOUNT OF RS.5000/- BEFORE THE SUB TREASURY, NEYYTINKARA Exhibit P21 TRUE COPY OF THE AFFIDAVIT AND PETITION BY THE PETITIONERS AND OTHERS BEFORE THE GOVERNMENT DATED 16/09/2021 Exhibit P22 TRUE COPY OF THE AFFIDAVIT AND PETITION BY THE PETITIONERS AND OTHERS BEFORE THE GOVERNMENT DATED 16/09/202

Madhusudanan Nair v. the Government of Kerala

Case brief

What is this about?

What did the court decide?

Madhusudanan Nair v. the Government of Kerala

Case brief

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What did the court decide?

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