Kerala High Court
Gireesh Kumar vs The Joint Registrar Of Co-Operative ... on 7 March, 2013
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
SATURDAY, THE 17TH DAY OF DECEMBER 2016/26TH AGRAHAYANA, 1938
WP(C).No. 29838 of 2012 (D)
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PETITIONER(S) :
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GIREESH KUMAR,
M.NO.3436, EX-PRESIDENT, ANKAMALY SERVICE CO-OPERATIVE
BANK LTD.NO. 714, RESIDING AT KIZHAKKE MOOTHATT HOUSE,
(GIRI BHAVAN), H.NO. 135, NAYATHODE, ANKAMALY.
BY ADV. SRI.P.P.JACOB
RESPONDENT(S) :
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1. THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES,
ERNAKULAM, COCHIN-682 016.
2. THE ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES (G),
OFFICE OF THE ASSISTANT REGISTRAR OF CO-OPERATIVE
SOCIETIES (G), ALUVA, PIN-683 101.
3. THE STATE OF KERALA,
REPRESENTED BY SECRETARYTO GOVERNMENT,
CO-OPERATION (C) DEPARTMENT, SECRETARIAT,
THIRUVANANTHAPURAM, PIN-695 001.
* ADDITIONAL R4 IMPLEADED
4. SHABIN ANTONY, AGED 39 YEARS,
SON OF P.V.ANTONY, PADAYATTIL HOUSE, NAYATHODU P.O.,
ANKAMALY VIA, ERNAKULAM DISTRICT, PIN- 683 572.
* ADDITIONAL R4 IS IMPLEADED AS PER ORDER DATED 07.03.2013 IN
I.A.NO. 1555 OF 2013.
R1 TO R3 BY GOVERNMENT PLEADER SMT. POOJA SURENDRAN
ADDL.R4 BY ADVS. SRI.V.G.ARUN
SRI.T.R.HARIKUMAR
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD
ON 17-12-2016, ALONG WITH W.P(C).NO. 3571 OF 2013, THE COURT
ON THE SAME DAY DELIVERED THE FOLLOWING:
Msd.
WP(C).No. 29838 of 2012 (D)
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APPENDIX
PETITIONER(S)' EXHIBITS :
EXHIBIT P1 TRUE PHOTOCOPY OF THE ORDER DATED 31-01-2012 ISSUED BY
FIRST RESPONDENT.
EXHIBIT P2 TRUE PHOTOCOPY OF THE ORDER DATED 01-12-2010 ISSUED BY
FIRST RESPONDENT.
EXHIBIT P3 TRUE PHOTOCOPY OF THE RESOLUTION NO. 716
DATED 09-03-2010 OF THE PETITIONER.
EXHIBIT P4 TRUE PHOTOCOPY OF THE RESOLUTION NO. 720 OF THE FIRST
PETITIONER DATED 09-03-2010.
EXHIBIT P5 TRUE PHOTOCOPY OF THE RELEVANT PORTION OF
THE GENERAL BODY RESOLUTION 20(A) PAGES 129, 158, 159, 160
DATED 27-03-2012.
EXHIBIT P6 TRUE PHOTOCOPY OF THE ORDER ISSUED BY SECOND
RESPONDENT DATED NIL.
EXHIBIT P7 TRUE PHOTOCOPY OF THE BYELAW CLAUSE OF THE SOCIETY
PAGES 1,4 & 5.
EXHIBIT P8 TRUE PHOTOCOPY OF THE ENQUIRY REPORT ISSUED BY
THE JOINT REGISTRAR DATED 30-04-2012 RECEIVED
ON 19-07-2012.
EXHIBIT P9 TRUE PHOTOCOPY OF APPEAL ALONG WITH STAY PETITION
DATED 28-07-2012 FILED BY THE PETITIONER BEFORE THE THIRD
RESPONDENT.
EXHIBIT P10 TRUE PHOTOCOPY OF ORDER ISSUED BY THE JOINT REGISTRAR
DATED 03-11-2012.
EXHIBIT P11 TRUE PHOTOCOPY OF THE LEGAL OPINION ISSUED BY LINCY.C.A,
ADVOCATE DATED 13.01.2010.
EXHIBIT P12 TRUE PHOTOCOPY OF THE CIRCULAR NO. 35/83 DATED 12.07.1983
ISSUED BY THE REGISTRAR OF CO-OPERATIVE SOCIETIES.
EXHIBIT P13 TRUE PHOTOCOPY OF THE CIRCULAR 31/89 DATED 24.05.1989
ISSUED BY THE REGISTRAR OF CO-OPERATIVE SOCIETIES.
EXHIBIT P14 TRUE PHOTOCOPY OF THE PAGE NO. 16 OF THE GENERAL BODY
NOTICE FOR THE YEAR 2010-2011 OF THE SOCIETY.
EXHIBIT P15 TRUE PHOTOCOPY OF THE BUILDING PERMIT OBTAINED BY
PREDECESSOR IS INTEREST DATED 11.07.2002 ISSUED BY
ANKAMALY MUNICIPALITY.
WP(C).No. 29838 of 2012 (D)
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EXHIBIT P16 TRUE PHOTOCOPY OF THE SALE DEED NO. 3223/1/2009
DATED 11.12.2009 PRODUCED BEFORE THE JOINT REGISTRAR.
EXHIBIT P17 TRUE PHOTOCOPY OF THE LETTER DATED 05.02.2013 FILED
BEFORE THE RESPONDENT.
EXHIBIT P18 TRUE PHOTOCOPY OF THE JUDGMENT IN W.A.NO. 1043/2009
DATED 19.09.2003.
EXHIBIT P19 TRUE PHOTOCOPY OF THE CIRCULAR NO. 39/2006
DATED 02.09.2006.
EXHIBIT P20 TRUE PHOTOCOPY OF THE ORDER NO. C.R.P(2) 252/10
DATED 05.04.2010 ISSUED FROM THE JOINT REGISTRAR.
EXHIBIT P21 TRUE PHOTOCOPY OF THE LETTER ISSUED BY THE REGISTRAR
DATED 08.09.2010 TO THE JOINT REGISTRAR, ERNAKULAM.
EXHIBIT P22 TRUE PHOTOCOPY OF THE REPORT SUBMITTED BY
THE COMMITTEE OF THE BANK DATED NIL.
RESPONDENT(S)' EXHIBITS :
EXHIBIT R4(A): COPY OF THE LETTER NO. 10108/C2/2012/CO-OP.
DATED 03.09.2012.
EXHIBIT R4(B): COPY OF THE TITLE DEED (DOCUMENT NO. 6656/2007)
OF ANKAMALYSRO DATED 07.11.2007.
EXHIBIT R4(C): COPY OF THE SALE DEED (DOCUMENT NO. 833/T/2010) OF
ANKAMALY SRO DATED 22.03.2010.
EXHIBIT R4(D): COPY OF THE PROCEEDINGS OF THE ANKAMALY
MUNICIPAL COUNCIL DATED 22.09.2006.
EXHIBIT R4(E): COPY OF RELEVANT PAGES OF THE CIRCULAR ISSUED BY
THE DISTRICT CO-OPERATIVE BANK.
EXHIBIT R4(F): COPY OF THE COMPLAINT FILED BY
THE 4TH RESPONDENT DATED 02.12.2012.
EXHIBIT R4(G): COPY OF THE NOTICE OF HEARING NO. K.56/13
DATED 09.01.2013 ISSUED BY THE ENQUIRY OFFICER
(KALADY UNIT INSPECTOR).
//TRUE COPY//
P.A.TO JUDGE.
Msd.
A.MUHAMED MUSTAQUE, J.
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W.P.(C)Nos.29838 of 2012
&
W.P.(C)No. 3571 of 2013
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Dated this the 17th day of December, 2016
JUDGMENT
These writ petitions are related to the proceedings initiated under section 15 of the Kerala Co-operative Societies Act. These writ petitions filed challenging an order passed by the Joint Registrar, Ernakulam appointing an enquiry officer to conduct enquiry under section 68 (1) of the Act. Thereafter, the enquiry officer issued a notice. This notice is under challenge in W.P.(C)No.3571 of 2013.
2. The main contentions in these writ petitions are that there are no jurisdictional facts exists for the initiation under section 65 (1)
(a) of the Kerala Co-operative Societies Act.
3. According to the learned counsel for the petitioner, the loss as referred in the impugned order is related to the purchase of the land for the society. According to the petitioner, the valuation for the determination of the purchase of the land was based on the valuation given by the Tahsildar. It ought to have been based on the valuation done by the Joint Registrar. The petitioner relies on the judgment of this court in W.P.(C)No.6372 of 2014. As per the W.P.(C)Nos.29838 of 2012 & W.P.(C)No. 3571 of 2013 -:2:- direction of the above judgment, this court set aside the valuation done by the Tahsildar by directing the joint Registrar to value the land. Therefore, it is argued that in the light of the above direction, the impugned order is unsustainable.
4. It is to be noted in the impugned order other than the valuation regarding the land, some other loss also have been referred. Considering the facts and circumstances, this court is of the view that matter requires to be reconsidered Accordingly, impugned orders are set aside. The Joint Registrar if want to proceed shall issue fresh notice to the petitioner and take appropriate decision after hearing the petitioner. It is made clear further steps to be initiated only after valuation has been completed by the Joint Registrar as ordered in the judgment in W.P.(C) No.6372 of 2014.
These writ petitions are disposed of as above.
Sd/ A.MUHAMED MUSTAQUE JUDGE jm/