Dismissed

The Quality Taluk Agricultural Co-Operative Marketing Society Limited v. the Kerala Medical Services Corporation

Kerala HC21 Jan 2022WP(C)/1229/2022

Case brief

AI extract

What is this about?

The Court disposed of a writ petition where petitioners sought direction to extend a lease agreement and were told to approach the competent authority. The Court directed the Additional Respondent to consider the petitioners' representation.

What did the court decide?

Directing the Additional Respondent to consider the Petitioners' representation dated 13.01.2022 and pass orders within six weeks.

The Quality Taluk Agricultural Co-Operative Marketing… — 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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FRIDAY, THE 21^ST DAY OF JANUARY 2022/1ST MAGHA, 1943

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WP(C) NO. 1229 OF 2022

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PETITIONERS:

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1 THE QUILANDY TALUK AGRICULTURAL CO-OPERATIVE MARKETING SOCIETY LIMITED, PERAMBRA, KOZHIKODE DISTRICT-673 525, REPRESENTED BY ITS PRESIDENT P.J.THOMAS.

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2 THE SECRETARY, THE QUILANDY TALUK AGRICULTURAL CO-OPERATIVE MARKETING SOCIETY LIMITED, PERAMBRA, KOZHIKODE DISTRICT-673 525.

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BY ADV DIVYA B.NAIR

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RESPONDENTS:

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1 THE KERALA MEDICAL SERVICES CORPORATION, REPRESENTED BY ITS GENERAL MANAGER, THYCAUD, THIRUVANANTHAPURAM-695 014.

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ADDL.2 THE MANAGING DIRECTOR, THE KERALA MEDICAL SERVICES CORPORATION, THYCAUD, THIRUVANANTHAPURAM 695 014.

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(ADDITIONAL R2 IS IMPLEADED AS PER ORDER DATED 21.01.2022 IN I.A.NO.1/2022.)

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BY STANDING COUNSEL SRI.M.AJAY

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 21.01.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C)No.1229/2022

JUDGMENT

Dated this the 21^st day of January, 2022

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The petitioners, a Society registered under the Cooperative Societies Act and its Secretary, have approached this Court seeking to direct the respondents to consider and pass appropriate orders on Ext.P5 within a time frame.

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The petitioners submit that lease agreements were executed between the petitioner–Society and the respondents leasing out a godown building of the petitionerSociety in Naduvannur Grama Panchayat, as is evidenced by Exts.P1 to P4. The agreements were extended from time to time. The last of such agreement was expired on 3011.2021.

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Thereafter, the petitioner-Society submitted a representation dated 02.12.2021 requesting to extend the period of agreement for a further period of three years.

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WP(C)No.1229/2022

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However, no action has been taken on the representation made by the petitioner – Society.

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The learned counsel for the petitioners submits that the Society has spent more than 12 Crores for construction of the building as per the requirement of the respondents. The petitioner – Society is spending 10 lakhs for maintenance of the building every year. If the agreement is not extended for three years, the petitionerSociety will be put to loss. It is in these circumstances that the petitioner seeks to direct the respondents to consider their representation.

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The learned Standing Counsel representing the respondents submitted that the petitioners have preferred Ext.P6 representation dated 13.01.2022 before the Managing Director of the 1^st respondent. As the Managing Director is the competent authority to decide such matters, the writ petition can be disposed of directing the additional

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2^nd respondent to consider Ext.P6 representation.

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In the circumstances, the writ petition is disposed of

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directing the additional 2^nd respondent to consider Ext.P6 representation dated 13.01.2022 preferred by the petitioners and pass orders thereon within a period of six

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weeks.

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Sd/- N. NAGARESH JUDGE

ncd/21.01.2022

APPENDIX OF WP(C) 1229/2022

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PETITIONERS' EXHIBITS

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Exhibit P1	TRUE COPY	OF T	HE MINUTES OF THE
	MEETING H	ELD ON	27.2.2015 OF THE
	PETITIONER	SOCIET	Y.
Exhibit P2	TRUE COPY	OF LE	ASE AGREEMENT DATED
	1.12.2015 PETITIONER	EXECU S AND R	TED BETWEEN THE ESPONDENT.
Exhibit P3	TRUE CO	PY OF	AGREEMENT DATED
	1.12.2019 EXECUTED RESPONDENT	FOR A BETWEEN .	PERIOD OF ONE YEAR THE PETITIONERS AND
Exhibit P4	TRUE CO	PY OF	AGREEMENT DATED
	1.12.2020 EXECUTED RESPONDENT	FOR A BETWEEN .	PERIOD OF ONE YEAR THE PETITIONERS AND
Exhibit P5	TRUE COPY	OF REPR	ESENTATION SUBMITTED
Exhibit P6	BY THE 2.12.2021. TRUE COPY	PETITI OF REPR	ONER SOCIETY ON ESENTATION SUBMITTED
	BY THE 13/01/2022	PETITI BEFORE	ONER SOCIETY ON THE 2ND RESPONDENT.

The Quality Taluk Agricultural Co-Operative Marketing Society Limited v. the Kerala Medical Services Corporation

Case brief

What is this about?

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The Quality Taluk Agricultural Co-Operative Marketing Society Limited v. the Kerala Medical Services Corporation

Case brief

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