Allowed

The State of Kerala v. Sumavathy V.V.

Kerala HC5 Jul 2023RP/455/2023

Case brief

AI extract

What is this about?

The Kerala High Court allowed a review petition filed by the State against an order directing a lower authority to consider a representation regarding audit observations. The Court held the matter required consideration by a higher authority under the Kerala Co-operative Societies Act.

What did the court decide?

The direction to the 5th respondent to consider Ext.P10 representation is vacated. Direction to forward representation to Registrar of Co-operative Societies for appropriate orders within three months

The State of Kerala Vs Sumavathy V.V. — Cooperative Societies | Kerala HC (2023)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN

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WEDNESDAY, THE 5TH DAY OF JULY 2023 / 14TH ASHADHA, 1945

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RP NO. 455 OF 2023

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AGAINST THE ORDER/JUDGMENT IN WP(C) 16200/2021 OF HIGH COURT OF KERALA

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REVIEW PETITIONERS:

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1 THE STATE OF KERALA REPRESENTED BY THE SECRETARY DEPARTMENT OF LAW ,INDUSTRIES AND COIR,SECRETARIAT,THIRUVANANTHAPURAM, PIN - 695001

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2 THE ASSISTANT DIRECTOR/CONCURRENT AUDITOR COIRFED-KERALA STATE CO-OPERATIVE COIR MARKETING FEDERATION LTD,COIRFED LANE,SEA VIEW WARD,ALAPPUZHA, PIN - 688001

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3 JOINT DIRECTOR(AUDIT) DEPARTMENT OF CO-OPERATION,MINI CIVIL STATION,KIDANGAMPARAMP,THATHAMPALLY,ALAPPUZHA, PIN - 688013

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BY ADV GOVERNMENT PLEADER

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RESPONDENTS:

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1SUMAVATHY V.V.
W/O.R.ASHOKAN,CHITHIRA (MARUTACHICKAL)
HOUSE,KUTHIRAPANTHI WARD,THIRUVAMBADI P.O ALAPPUZHA,
PIN - 688001

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2THE MANAGING DIRECTOR
COIRFED KERALA STATE CO-OPERATIVE COIR MARKETING
FEDERATION LTD,COIRFED LANE,SEA VIEW WARD ALAPPUZHA,
PIN - 688001
3COIRFED
KERALA STATE CO-OPERATIVE COIR MARKETING FEDERATION
LTD,REGIONAL OFFICE,COIRFED LANE,SEA VIEW
WARD,ALAPPUZHA, PIN - 688001
BY ADVS.
M.K.SUMOD MUNDACHALIL KOTTIETH
VIDYA M.K.(K/910/1990)
RAJ CAROLIN V.(K/001117/2018)
THUSHARA.K(K/1443/2020)

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THIS REVIEW PETITION HAVING COME UP FOR ADMISSION ON
05.07.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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RP NO. 455 OF 2023

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ORDER

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Dated this the 5^th day of July, 2023

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This review petition is filed by the Government seeking a review of the judgment on the ground that the direction issued to the 5^th respondent to consider Ext.P10 representation preferred by the petitioner was not proper in view of the fact that the audit certificate had been issued by the 3^rd respondent who had submitted the audit report to the approving authority that is the Additional Director of Co-operative Audit. It is stated that the said report was forwarded by the Additional Director to the Coirfed for implementation of the audit observations. It is submitted that Ext.P10 representation was not pending before the 5^th respondent and that therefore the direction issued to the 5^th respondent to consider the representation was an error apparent on the face of the record.

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The learned counsel for the petitioner has placed before me a decision of this Court in Peroor Service Co-operative Society Ltd. v. State of Kerala and Others [2017 (5)KHC 531] and contends that an audit certificate issued by the Director of Cooperative Audit is not amenable to an appeal or revision before the

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RP NO. 455 OF 2023

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Director. However, in view of the provisions of Section 63(7) of the Kerala Co-operative Societies Act, 1969, it is submitted by the learned counsel for the petitioner that a revision would lie to the Registrar of Co-operative Societies since the Director of Cooperative Audit is an officer subordinate to the Registrar. It is submitted that Ext.P10 representation had been preferred by the petitioner before the 2^nd respondent who is the Managing Director of Coirfed.

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Having considered the contentions advanced, I am of the opinion that the issue requires a consideration at the hands of an authority who has the power to consider the same.

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In the result, this review petition is allowed. The direction to the 5^th respondent to consider Ext.P10 representation is vacated. There will be a direction to the 2^nd respondent to forward the representation to the Registrar of Co-operative Societies, additional 6^th respondent who is competent to consider the same in terms of Section 87 of the Act. The Registrar of Co-operative Societies shall consider the representation and pass appropriate orders thereon after hearing the petitioner as well as the authorized representative of the 2^nd respondent and after obtaining due

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RP NO. 455 OF 2023

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reports from the 3^rd respondent, within a period of three months from the date of receipt of a copy of the judgment.

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This review petition is allowed. The judgment is recalled.

Sd/-

ANU SIVARAMAN

JUDGE

ska

The State of Kerala v. Sumavathy V.V.

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The State of Kerala v. Sumavathy V.V.

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