Mini M Vs State of Kerala

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2025:KER:30680

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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 D. K. SINGH

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TUESDAY, THE 8TH DAY OF APRIL 2025 / 18TH CHAITHRA, 1947

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WP(C) NO. 7515 OF 2025

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PETITIONER:

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MINI M
AGED 51 YEARS

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W/O.RAMESH BABU N.K, SECRETARY (UNDER SUSPENSION)
NEERVELI VANITHA SERVICE CO-OPERATIVE SOCIETY LTD
NO.C 1409, NEERVELI, KANNUR- 670 701, RESIDING AT
DWARAKA, KOTTAYAM MALABAR PO, KANNUR, PIN - 670643

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BY ADVS.
KALEESWARAM RAJ
THULASI K. RAJ
CHINNU MARIA ANTONY
APARNA NARAYAN MENON

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RESPONDENTS:

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1 STATE OF KERALA REPRESENTED BY THE SECRETARY TO GOVERNMENT, DEPARTMENT OF CO-OPERATION, SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001

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2 JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES OFFICE OF THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES, THAVAKKARA, KANNUR, PIN - 670002

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3 ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES(GENERAL) KUTHUPARAMBA, GOKUL STREET, KUTHUPARAMBA, KANNUR, KERALA, PIN - 670643

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4 NEERVELI VANITHA SERVICE CO-OPERATIVE SOCIETY LTD NO.C 1409 REPRESENTED BY ITS SECRETARY , NEERVELI, KANNUR,

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WP(C) NO. 7515 OF 2025

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2025:KER:30680

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PIN - 670701

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5PRESIDENT
NEERVELI VANITHA SERVICE CO-OPERATIVE SOCIETY LTD
NO.C 1409, NEERVELI, KANNUR, PIN - 670701

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6 ADMINISTRATOR NEERVELI VANITHA SERVICE CO-OPERATIVE SOCIETY LTD NO.C 1409, NEERVELI, KANNUR, PIN - 670701

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7 DISCIPLINARY SUB COMMITTEE NEERVELI VANITHA SERVICE CO-OPERATIVE SOCIETY LTD NO.C 1409, NEERVELI, KANNUR, PIN - 670701

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8 PART TIME ADMINISTRATOR NEERVELI VANITHA SERVICE CO-OPERATIVE SOCIETY LTD NO.C 1409, NEERVELI, KANNUR, PIN - 670701

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BY ADVS.
Peethambaran C P
J.JOY

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OTHER PRESENT:

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PARVATHY KOTTOL-GP

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 08.04.2025, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:

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2025:KER:30680

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WP(C) NO. 7515 OF 2025

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D.K.SINGH, J

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W.P.(C) No.7515 of 2025

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Dated this the 8^th day of April, 2025

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The petitioner who is working as Secretary at the Neerveli Vanitha Service Co-operative Society Ltd. The present writ petition has been filed against the respondent Society in which the State Government does not have any financial stakes and also does not have pervasive control over the day-to-day affairs of the Society. The petitioner is aggrieved by the non payment of subsistence allowance and the institution of disciplinary proceedings against him.

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The respondent Society is neither a State nor an instrumentality of the State, as defined under Article 12 of the Constitution of India and therefore, the writ petition against such a society would not be maintainable before this Court for the relief sought in the present writ petition. Thus, the writ petition is dismissed, leaving it open to the petitioner to take recourse to the remedy as may be available to him under the law, may be by filing a case before the Co-operative Arbitration Court for the relief sought in the present wit petition under Section 69 of the Kerala Co-operative Societies Act, 1969.

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With the aforesaid liberty, the present writ petition is dismissed.

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2025:KER:30680

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WP(C) NO. 7515 OF 2025

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However, the respondents should pay the arrears of subsistence allowance to the petitioner for the period when he has been kept under

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suspension within a period of one month.

Sd/-

D.K.SINGH JUDGE

STB

2025:KER:30680

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WP(C) NO. 7515 OF 2025

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APPENDIX OF WP(C) 7515/2025

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PETITIONER EXHIBITS

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`Exhibit P1`	`TRUE COPY OF THE` `ISSUED BY THE 8TH` `04.07.2024.`	`SAID SUSPENSION ORDER,` `RESPONDENT, DATED`
`Exhibit P2`	`TRUE COPY OF THE` `LETTER, SUBMITTED` `THE 6TH RESPONDEN`	`UNDATED WITHDRAWAL` `BY THE COMPLAINANT TO` `T.`
`Exhibit P3`	`TRUE COPY OF THE` `THE STATEMENT OF` `26.09.2024, ISSUE`	`CHARGE MEMO, ALONG WITH` `ALLEGATIONS DATED` `D BY THE 8TH RESPONDENT.`
`Exhibit P4`	`TRUE COPY OF THE` `SUBMITTED BY THE` `RESPONDENT .`	`REQUEST DATED 09.10.2024` `PETITIONER TO THE 8TH`
`Exhibit P5`	`TRUE COPY OF THE` `ISSUED BY THE 8TH`	`LETTER NO.326/2024/K.L.D` `RESPONDENT.`
`Exhibit P6`	`TRUE COPY OF THE` `15.11.2024 TO EXT` `SUBMITTED TO 8TH`	`DETAILED REPLY DATED` `. P3 CHARGE MEMO AND` `RESPONDENT.`
`Exhibit P6(a)`	`TRUE COPY OF THE` `BY P. ANANDKRISHN`	`LETTER UNDATED SUBMITTED` `AN TO 6TH RESPONDENT.`
`Exhibit P6(b)`	`TRUE COPY OF THE` `BY SMT. PANKAJAKS`	`LETTER UNDATED SUBMITTED` `HY TO 6TH RESPONDENT.`
`Exhibit P6(c)`	`TRUE COPY OF THE` `SUBMITTED BY SMT.` `RESPONDENT.`	`LETTER DATED 05.08.2024` `NASEEMA TO 6TH`
`Exhibit P6(d)`	`TRUE COPY OF THE` `BY SMT. NABISU P.`	`LETTER UNDATED SUBMITTED` `P TO 6TH RESPONDENT.`
`Exhibit P6(e)`	`TRUE COPY OF THE` `BY SRI. KADARKUTT`	`LETTER UNDATED SUBMITTED` `Y TO 6TH RESPONDENT.`
`Exhibit P6(f)`	`TRUE COPY OF THE`	`LETTER UNDATED SUBMITTED`

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2025:KER:30680

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WP(C) NO. 7515 OF 2025

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	`BY SMT. SUJATHA K.K TO 6TH RESPONDENT.`
`Exhibit P7`	`TRUE COPY OF ORDER NO. 2/2024, ISSUED BY` `THE PRESIDENT OF THE SOCIETY ON` `26.12.2024.`
`Exhibit P8`	`TRUE COPY OF THE JUDGMENT IN AJAY KUMAR` `CHOUDHARY V. UNION OF INDIA, (2015) 7 SCC` `291.`
`Exhibit P9`	`TRUE COPY OF THE REPRESENTATION DATED` `06.09.2024 SUBMITTED BY THE PETITIONER` `BEFORE THE 6TH RESPONDENT.`
`Exhibit P10`	`TRUE COPY OF REPRESENTATION SUBMITTED TO` `THE 7TH RESPONDENT BY THE PETITIONER DATED` `18.11.2024.`
`Exhibit P11`	`TRUE COPY OF REPRESENTATION SUBMITTED TO` `THE PRESIDENT DATED 13.12.2024.`
`Exhibit P12`	`TRUE COPY OF LETTER NO.ARGKPU-477/2024-` `U1(3) DATED 05.12.2024 ISSUED BY THE 3RD` `RESPONDENT TO THE PETITIONER.`
`Exhibit P13`	`TRUE COPY OF REPRESENTATION SUBMITTED TO` `THE JOINT REGISTRAR DATED 24.12.2024.`
`Exhibit P14`	`TRUE COPY OF THE REPRESENTATION SUBMITTED` `TO THE 3RD RESPONDENT DATED 03.02.2025.`
`Exhibit P15`	`TRUE COPY OF THE REPRESENTATION DATED` `03.02.2025 SUBMITTED TO THE 2ND` `RESPONDENT.`

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RESPONDENT EXHIBITS
EXHIBIT R4 (a)A true copy of the notice dated 17.03.2025
issued by the 5th Respondent to the
Petitioner along with English translation.

Mini M v. State of Kerala

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Mini M v. State of Kerala

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