Dismissed

Sasidharan C. v. State of Kerala

Kerala HC1 Dec 2022WP(C)/12118/2019

Case brief

AI extract

What is this about?

The High Court of Kerala dismissed a writ petition filed by a Deputy Managing Trustee of an SC/ST Association seeking intervention for loan waivers, SARF Act recovery proceedings, and investigation into fund misuse. The Court held that the petitioner was not a borrower and thus could not individually litigate the grievances of others absent a properly constituted public interest litigation.

What did the court decide?

Writ petition dismissed; liberty granted to move a properly constituted public interest litigation.

Sasidharan C. Vs State of Kerala — Service and Employment | Kerala HC (2022)

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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 N.NAGARESH

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THURSDAY, THE 1ST DAY OF DECEMBER 2022 / 10TH AGRAHAYANA, 1944

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WP(C) NO. 12118 OF 2019

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PETITIONER

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SASIDHARAN C.
AGED 62 YEARS
S/O. CHINNAN N., DEPUTY MANAGING TRUSTEE,
INFINITEXY TRUST, POWER JUNCTION, THALIKUZHY
POST, THIRUVANANTHAPURAM DISTRICT-695612.

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BY ADVS.
D.ROBINSON
SRI.G.MANU (M-1316)

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RESPONDENTS

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1 STATE OF KERALA, REPRESENTED BY ITS CHIEF SECRETARY, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM..

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2 SECRETARY, SCHEDULED CASTE DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM.

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3 SECRETARY, SCHEDULED TRIBE DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM.

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ADDL.R4 THE REGISTRAR, OFFICE OF THE REGISTRAR OF COOPERATIVE SOCIEITIES, JAVAHAR, SAHAKARANA BHAVAN, DPI JUNCTION, THYCAUD,P.O, THIRUVANANTHAPURAM

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ADDL.R5 THE MANAGING DIRECTOR, KERALA STATE CO-OPERATIVE AGRICULTURAL AND RURAL DEVELOPMENT BANK LTD (KSCARDB) POST BOX NO.56, HEAD OFFICE, STATUE JUNCTION, THIRUVANATHAPURAM-695001

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ADDL.R6 THE SECRETARY, KILIMANOOR CO-OPERATIVE AGRICULTURAL AND RURAL DEVELOPMENT BANK ;TD. NO.T-316. KILIMANOOR P.O, THIRUVANANTHAPURAM

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WP(C) No.12118 of 2019

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ADDL.R7THE SPECIAL SALES OFFICER,
KILIMANOOR CO-OPERATIVE AGRICULTURAL AND RURAL
DEVELOPMENT BANK LTD. NO. T-316, KILIMANOOR P.O
THIRUVANANTHAPURAM 695691

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ADDL.R8THE MANAGING DIRECTOR
KERALA STATE SCHEDULED CASTE AND SCHEDULED TRIBE
DEVELOPMENT CORPORATION P.B NO.523.
TOWN HALL ROAD, THRISSUR -6800020

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ADDL.R9THE SECRETARY
KODUVAZHANOOR SERVICE CO-OPERATIVE BANK
LIMITED NO.3144. H.P KODUVAZHANOOR,
KARATTE, THIRUVANANTHPURAM
695608

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ADDL.R10THE SECRETARY, PANGODE DISTRICT CO-OPERATIVE
BANK, PANGODE, HEAD OFFICE, THIRUVANANTHAPURAM

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ADDL.R11THE SECRETARY

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NAGAROOR SERVICE CO-OPERATIVE BANK NO.T219.
ALATHARAMMOODU P.O,
THIRUVANANTHAPURAM

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ADDL.R12THE SECRETARY

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MANIKAL SERVICE CO-OPERATIVE BANK

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NO.1910, PIRAPPANCODE P.O,
THIRUVNANTHAPURAM

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ADDL.R13THE SECRETARY

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 THE OMALLOOR SERVICE CO-OPERATIVE BANK LTD.
NO.Q-228, OMALLOOR P.O,
PATHANAMTHITTA DISTRICT PIN 689647

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ADDL. RESPONDENTS 4 TO 13 ARE IMPLEADED AS PER
ORDER DATED 25.7.2022 IN I.A. NO.1/2021 IN
W.P(C) NO.1211/2019

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WP(C) No.12118 of 2019

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BY ADVS.
K.SIJU
RESHMA E.
T.R.HARIKUMAR
ARJUN RAGHAVAN
ANJANA KANNATH

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SRI.M.K.ROBINRAJ SPL.GP (SC/ST)

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 01.12.2022, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:

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WP(C) No.12118 of 2019

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J U D G M E N T

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Dated this the 1^st day of December, 2022

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The petitioner, who is the Deputy Managing Trustee of Infinitexy Trust, an Association of the members of the Scheduled Caste/Scheduled Tribes and other Christian’s converts from SC/ST, has filed this writ petition seeking the following reliefs:

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“i) issue a writ of mandamus or any other appropriate writ, direction or order, directing respondents to take appropriate action to write off the loan amount of the members of the petitioners society leading to Exts.P1, P2 and P3 and to call for the records leading to Exts.P1, P2 and P3 and to verify for effective appropriate orders.

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ii) Issue a writ of mandamus or any other appropriate writ, direction or order, directing respondents to conduct an urgent enquiry regarding the revenue recovery/SARFEAI proceedings leading to the eviction and sale proceedings of their land and buildings and pass just and appropriate order or orders as the Court deem fit.

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iii) Issue a writ of mandamus or any other appropriate writ, direction or order, directing Vigilance & Anti Corruption Bureau of the 1^st respondent Government or an investigation regarding the misappropriation, malpractice, miss-utilisation and discrimination and diversion of the SC/ST Budgeted fund of the 1st respondent Government

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iv) issue a writ of mandamus or any other appropriate writ, direction or order, directing respondents to take appropriate action to redress the grievance of the members of the

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WP(C) No.12118 of 2019

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respondent Society.

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v) grant such other reliefs which this Hon’ble Court may deem fit and proper in the interest of justice.”

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2 . The writ petition would show that the petitioner wants to help the members of SC/ST Community by making available funds, for waiver of loans taken by the Community members.

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The pleadings in the writ petition would show that the petitioner is not a loanee. Though the counsel for the petitioner would orally urge that he had taken a loan from the 6^th respondent-Bank, there is no pleading. In effect, the petitioner is agitating the issues of others, which can be done only in a properly constituted public interest litigation.

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In view of the above, the writ petition is dismissed granting liberty to the petitioner to move properly constituted public interest litigation, if the petitioner is so advised.

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Sd/ N. NAGARESH, JUDGE

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smm

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WP(C) No.12118 of 2019

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APPENDIX OF WP(C) 12118/2019

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`PETITION`	`ER EXHI`	`BITS`
`EXHIBIT`	`P1`	`TRUE COPY OF THE` `NO.99/2013 DATED`	`GOVERNMENT ORDER` `10/12/2013.`
`EXHIBIT`	`P2`	`TRUE COPY OF THE` `NO.24/2015 DATED`	`GOVERNMENT ORDER` `30/03/2015.`
`EXHIBIT`	`P3`	`TRUE COPY OF THE` `NO.71/2015 DATED`	`GOVERNMENT ORDER` `01/10/2015.`
`EXHIBIT`	`P4`	`TRUE COPY OF THE` `NO.P1/A/181215003`	`LETTER` `4 DATED 18/12/2015.`
`EXHIBIT`	`P5`	`TRUE COPY OF THE` `NO.420170/B3/2016`	`LETTER` `DATED 18/02/2016.`
`EXHIBIT`	`P6`	`TRUE COPY OF THE` `DATED 04/04/2018.`	`LETTER NO.75/B3/2017`
`EXHIBIT`	`P7`	`TRUE COPY OF THE` `DATED 17/05/2018.`	`LETTER NO.G(2)11807/18`
`EXHIBIT`	`P8`	`TRUE COPY OF THE` `DATED 26/11/2018` `REGISTRAR (ICDP),` `OPERATIVE SOCIETY`	`ORDER NO.G(2)11807/18` `OF THE ADDITIONAL` `KERALA STATE CO-` `, THIRUVANANTHAPURAM.`
`EXHIBIT`	`P9`	`TRUE COPY OF THE` `DATED 4/1/2021 OF` `RESPONDENT WITH H`	`LETTER NO.G(2)46/21` `THE ADDDITIONAL 4TH` `IS STATEMENT`
`EXHIBIT`	`P10`	`TRUE COPY OF THE` `DATED 27/11/2018` `PUBLIC INFORMATIO` `SCHEDULED CASTE S` `DEVELOPMENT CORPO` `RIGHT TO INFORMAT`	`REPLY NO.C2/5514/2018` `ISSUED BY THE STATE` `N OFFICER, KERALA STATE` `CEDULED TRIBES` `RATION, TRIVANDUM UNDER` `ION ACT.`
`EXHIBIT`	`P11`	`TRUE COPY OF THE` `PUBLISHED BY THE` `AGRICULTURAL AND` `IN DESABHIMANI DA`	`AUCTION NOTICE` `KILIMANOOR CO-OPERATIVE` `RURAL DEVELOPMENT BANK` `ILY DATED 29/1/2021`
`EXHIBIT`	`P12`	`TRUE COPY OF THE` `(MEMBERS) WHO AVA` `CO-OPERATIVE BANK`	`LIST OF LOANEES` `ILED LOAN FROM VARIOUS` `.`

Sasidharan C. v. State of Kerala

Case brief

What is this about?

What did the court decide?

Sasidharan C. v. State of Kerala

Case brief

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What did the court decide?

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