Disposed

N.P Shanil v. the Kuthiathodu Rural Housing Co-Operative Soceity Limited

Kerala HC6 Jun 2024WP(C)/11041/2017

Case brief

AI extract

What is this about?

Writ petition challenging a co-operative society's demand notice, seeking benefits of a 2012 circular. Relying on an earlier judgment quashing the 2011 circulars as ultra vires the Kerala Co-operative Societies Act, the court held the petitioner not entitled to circular benefits but allowed 12 monthly installments to clear arrears.

What the court decided

AI extract

N.P Shanil Vs the Kuthiathodu Rural Housing… — Cooperative Societies | Kerala HC (2024)

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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 M.A.ABDUL HAKHIM

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THURSDAY, THE 6TH DAY OF JUNE 2024 / 16TH JYAISHTA, 1946
WP(C) NO. 11041 OF 2017

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PETITIONERS:

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1 N.P SHANIL S/O PURUSHOTHAMAN, AGED:42 YEARS, KALATHITHARA NIKARTHIL, KODAMTHURUTHU, KUTHIATHODU PO, CHERTHALA, ALAPPUZHA DISTRICT-688533.

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2 N.P.SHINE S/O PURUSHOTHAMAN, AGED:43 YEARS, KALATHITHARA NIKARTHIL, KODAMTHURUTHU, KUTHIATHODU PO, CHERTHALA, ALAPPUZHA DISTRICT-688533

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BY ADVS.

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SRI.R.MURALEEKRISHNAN
SMT.T.M.RESHMY

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RESPONDENTS:

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1 THE KUTHIATHODU RURAL HOUSING CO-OPERATIVE SOCEITY LIMITED NO.A-692, REPRESENTED BY ITS SECRETARY, KUTHIATHODU PO, CHERTHALA,

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ALAPPUZHA DISTRICT-688533.

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2 THE ASSISTANT REGISTRAR GENERAL OF CO-OPERATIVE SOCIETIES,

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CHERTHALA , ALAPPUZHA DISTRICT-688 537.

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3 THE REGISTRAR OF CO-OPERAIVE SOCIETIES THIRUVANANTHAPURAM-695001

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BY ADVS.
SMT.M.SHAHINA
LAKSHMISREE P S

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SRI.BIMAL K NATH-SR.GP

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THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
06.06.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C) NO. 11041 OF 2017

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JUDGMENT

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The writ petition is filed by the petitioner challenging Ext.P5 demand on the ground that the benefits under Ext.P1 circular were not given to the petitioner before issuance of Ext.P5 demand notice.

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The learned counsel for the 1^st respondent furnished copy of the judgment dated 18/01/2024 in WP(C) No.33185/2011 in which Circular No.1/2011 and Circular No.2/2011 are quashed by this Court declaring that those circulars are ultravires the provisions contained in the Kerala Co-operative Societies Act.

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The learned counsel for the 1^st respondent brought to my notice that Circular No.1/2011 is cited as item No.1 in Ext.P1 circular that relates to the year 2011 and Ext.P1 circular relates to 2012.

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Accordingly, I find that the petitioner is not entitled to get the benefits of Ext.P1 circular also in the light of the aforesaid judgment in this Court. However, considering the fact that the

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WP(C) NO. 11041 OF 2017

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writ petition is filed on 29/03/2017 and the matter has been remaining in this Court under stay and the petitioner has already complied with the condition of payment of Rs.25,000/in compliance with the order dated 03/04/2017, I permit the petitioner to clear the outstanding amount in 12 equal monthly installments starting from 01/07/2024.

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This writ petition is disposed of accordingly.

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Sd/-

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M.A.ABDUL HAKHIM JUDGE

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sms

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WP(C) NO. 11041 OF 2017

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APPENDIX OF WP(C) 11041/2017

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PETITIONER EXHIBITS

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EXHIBIT P1TRUE COPY OF THE CIRCULAR NO.31/2012
DATED 30/6/2012
EXHIBIT P2TRUE COPY OF THE REPRESENTATION DATED
3/9/2014 SUBMITTED TO THE 3RD
RESPONDENT
EXHIBIT P3TRUE COPY OF THE LETTER DATED 19/9/2014
ISSUED BY 3RD RESPONDENT
EXHIBIT P4TRUE COPY OF THE LETTER DATED
19/12/2014 ISSUED BY 2ND RESPONDENT
EXHIBIT P5TRUE COPY OF THE DEMAND NOTICE DATED
6/3/2017 ISSUED BY 1ST RESPONDENT

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RESPONDENT EXHIBITS

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EXHIBIT R1(A)TRUE COPY OF THE LOAN SANCTIONING ORDER
ISSUED BY THE APEX SOCIETY DATED
4.8.2006.
EXHIBIT R1(B)PHOTOCOPY OF THE INTERIM ORDER DATED
3.4.2017 IN W.P.(C) NO.11041/17.
EXHIBIT R1(C)PHOTOCOPY OF THE REPLY ISSUED BY THE
FEDERATION.

N.P Shanil v. the Kuthiathodu Rural Housing Co-Operative Soceity Limited

Case brief

What is this about?

What the court decided

N.P Shanil v. the Kuthiathodu Rural Housing Co-Operative Soceity Limited

Case brief

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