Kerala High Court
N.Padmanabhan Nair vs State Of Kerala on 22 March, 2019
Author: Devan Ramachandran
Bench: Devan Ramachandran
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
FRIDAY ,THE 22ND DAY OF MARCH 2019 / 1ST CHAITHRA, 1941
WP(C).No. 41537 of 2017
PETITIONERS:
1 N.PADMANABHAN NAIR, S/O. NARAYANAN NAIR,
VENGATHCHALIL HOUSE, PAYYAMBRA P.O.,
KUNNAMANGALAM (VIA), KOZHIKODE DISTRICT.
2 FATHER C.I. JOB, CHEERAN HOUSE,
P.O.THOZHIYOOR, KUNNAMKULAM,
THRISSUR DISTRICT.
BY ADVS.
SRI.T.A.SHAJI (SR.)
SRI.ATHUL SHAJI
SRI.V.VINCENT DIDACOSE
SMT.NAMITHA JYOTHISH
RESPONDENTS:
1 STATE OF KERALA, REPRESENTED BY THE PRINCIPAL
SECRETARY TO GOVT. CO-OPERATION (C) DEPARTMENT,
THIRUVANANTHAPURAM, PIN - 695 001.
2 THE REGISTRAR OF CO-OPERATIVE SOCIETIES
THIRUVANANTHAPURAM, PIN - 695 001.
3 THE ADDITIONAL REGISTRAR (ICDP)
OFFICE OF THE REGISTRAR OF CO-OPERATIVE SOCIETIES,
THIRUVANANTHAPURAM, PIN - 695 001.
4 THE KERALA STATE CO-OPERATIVE HOUSING FEDERATION
LTD.NO. 4330, KALOOR, COCHIN, PIN - 682 017,
REPRESENTED BY ITS MANAGING DIRECTOR.
BY ADV.SRI.BINU MATHEW
SRI.K.S.MUHAMMED HASHIM - SPL.G.P.
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
22.03.2019, ALONG WITH WP(C).97/2018, WP(C).1961/2018,
WP(C).41580/2017, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
WP(C).No. 41537 of 2017 & CON.CASES.
2
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
FRIDAY ,THE 22ND DAY OF MARCH 2019 / 1ST CHAITHRA, 1941
WP(C).No. 41580 of 2017
PETITIONER:
K.K.GOPINATHAN, S/O. KRISHNAN, KRISHNAKRIPA,
SANTHI NAGAR, SULTHAN BATHERY, KUPPADY VILLAGE,
SULTHAN BATHERY TALUK, WAYANAD DISTRICT.
BY ADVS.
SRI.T.A.SHAJI (SR.)
KUM.NAIR ANUJA GOPALAN
SRI.ATHUL SHAJI
SRI.S.ABHILASH VISHNU
SRI.V.VINCENT DIDACOSE
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY THE PRINCIPAL SECRETARY TO GOVT,
CO-OPERATION (C) DEPARTMENT, THIRUVANANTHAPURAM
PIN 695 001.
2 THE REGISTRAR OF CO-OPERATIVE SOCIETIES
THIRUVANANTHAPURAM PIN - 695 001.
3 THE ADDITIONAL REGISTRAR, ICDP
OFFICE OF THE REGISTRAR OF CO-OPERATIVE SOCIETIES,
THIRUVANANTHAPURAM PIN - 695 001.
4 THE KERALA STATE CO-OPERATIVE HOUSING FEDERATION
LTD NO. 4330, KALOOR, COCHIN, PIN - 682 017,
REPRESENTED BY ITS MANAGING DIRECTOR.
BY ADV.SRI.BINU MATHEW
SRI.K.S.MUHAMMED HASHIM - SPL.G.P.
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
22.03.2019, ALONG WITH WP(C).1961/2018, WP(C).97/2018,
WP(C).41537/2017, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
WP(C).No. 41537 of 2017 & CON.CASES.
3
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
FRIDAY ,THE 22ND DAY OF MARCH 2019 / 1ST CHAITHRA, 1941
WP(C).No. 97 of 2018
PETITIONERS:
1 O. DEVASSY, ENCHAKKAL, NEDUNGAPRA,
PERUMBAVOOR, ERNAKULAM
2 ADVOCATE JOHNY P.J., PAMPLANIYIL
PAIKA, POOVARANI P.O., KOTTAYAM
BY ADVS.
SRI.B.S.SWATHY KUMAR
SMT.ANITHA RAVINDRAN
SMT.S.SIKKY
SMT.T.RESHMA
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY THE PRINCIPAL SECRETARY TO
GOVERNMENT, CO-OPERATION (C) DEPARTMENT,
SECRETARIAT, THIRUVANANTHAPURAM, PIN 695 001
2 THE REGISTRAR OF CO-OPERATIVE SOCIETIES
THIRUVANANTHAPURAM, PIN 695 001
3 THE ADDITIONAL REGISTRAR, ICDP
OFFICE OF THE REGISTRAR OF CO-OPERATIVE SOCIETIES,
THIRUVANANTHAPURAM PIN 695 001
4 THE KERALA STATE CO-OPERATIVE HOUSING FEDERATION
LTD NO. 4330, KALOOR, COCHIN, PIN 682 017,
REPRESENTED BY ITS MANAGING DIRECTOR
BY ADV.SRI.BINU MATHEW
SRI.K.S.MUHAMMED HASHIM - SPL.G.P.
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
22.03.2019, ALONG WITH WP(C).1961/2018, WP(C).41580/2017,
WP(C).41537/2017, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
WP(C).No. 41537 of 2017 & CON.CASES.
4
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
FRIDAY ,THE 22ND DAY OF MARCH 2019 / 1ST CHAITHRA, 1941
WP(C).No. 1961 of 2018
PETITIONER:
P.C.BABU, S/O.P.J.CHACKO, VALAYIL HOUSE,
PALAKUZHA P.O., KOOTHATTUKULAM,
ERNAKULAM DISTRICT.
BY ADV. SRI.T.R.HARIKUMAR
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY THE SECRETARY TO GOVERNMENT,
CO-OPERATIVE (C) DEPARTMENT, GOVERNMENT
SECRETARIAT, THIRUVANANTHAPURAM-695001
2 THE REGISTRAR OF CO-OPERATIVE SOCIETIES
THIRUVANANTHAPURAM-695001.
3 THE ADDITIONAL REGISTRAR (ICDP)
OFFICE OF THE REGISTRAR OF CO-OPERATIVE SOCIETIES,
THIRUVANANTHAPURAM-695001.
4 THE KERALA STATE CO-OPERATIVE HOUSING
FEDERATION LTD. NO. 4330, REPRESENTED BY ITS
MANAGING DIRECTOR, KALOOR, KOCHI, ERNAKULAM
DISTRICT- 682 017.
BY ADV.SRI.BINU MATHEW
SRI.K.S.MUHAMMED HASHIM - SPL.G.P.
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
22.03.2019, ALONG WITH WP(C).97/2018, WP(C).41580/2017,
WP(C).41537/2017, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
WP(C).No. 41537 of 2017 & CON.CASES.
5
[ W.P.(C).Nos. 41537 & 41580 of 2017, 97 & 1961 of 2018]
JUDGMENT
The petitioners in these cases, which are being heard together on account of the analogous nature of the factual circumstances presented therein, are former Managing Director and members of the Managing Committee of the Kerala State Co- operative Housing Federation Ltd. (for short, 'the Federation'); and they impugn the orders issued by the Registrar of Co- operative Societies under 68(2) of the Kerala Co-operative Societies Act (for short, 'the KCS Act'), mulcting certain amounts as surcharge, based on certain allegations imputed against them while they were part of the Managing Committee.
2. Among the various contentions raised in these writ petitions, the primary is that the orders impugned are vitiated on the ground of legal and actual bias because the Registrar of Co- operative Societies, who issued those orders was, in his capacity as the Registrar, the ex-officio officer in the Managing Committee of the Federation. The petitioners, therefore, say that this is a classic case where the Registrar has acted as Judge, Jury and Executioner and therefore, that the impugned orders certainly are vitiated on account of bias.
3. Sri.Muhammed Hashim, the learned Special Government Pleader appearing on behalf of the official respondents, refutes WP(C).No. 41537 of 2017 & CON.CASES.
6the submissions made on behalf of the petitioners as afore, but concedes that the then Registrar of Co-operative Societies was the ex-officio member of the Managing Committee of the Federation. He, however, says that the Registrar had functioned as an ex-officio member of the Managing Committee of the Federation because he was legally bound to do so and therefore, that no bias can be attributed to him. He further contends that allegation of actual or legal bias against the Registrar is completely superfluous because an order under Section 68(2) of the KCS Act can be issued only by the said Authority and no one else. He, therefore, says that the impugned orders are irrefutable and without error; particularly because the petitioners had challenged the orders of the Registrar issued under Section 68(2) by preferring appeals under Section 83(1) before the Government of Kerala and those appeals have also been found against them. He, therefore, says that since the Government of Kerala has also approved the findings of the Registrar of Co-operative Societies, the allegation of bias has now become completely irrelevant.
4. Even when I hear the learned senior Government Pleader as afore, the fact remains that the then incumbent in office of the Registrar of Co-operative Societies was, certainly, the ex officio officer of the Managing Committee of the Federation. To my pointed question as to whether this would amount to a case of WP(C).No. 41537 of 2017 & CON.CASES.
7legal bias, the learned special Government Pleader submitted that even though he does not concede to any such, in order to obtain a quietus to the controversy and to allay all such apprehensions of the petitioners, the present incumbent in the office of the Registrar, who was not the ex-officio officer of the former Managing Committee of the Federation, of which the petitioners were members, at any point of time, can revisit the entire exercise, so that any allegation or grievance regarding the violation of principles of natural justice or the possibility of bias can be completely nullified. He says that if the petitioners are so desirous, the present incumbent in the office of the Registrar of Co-operative Societies will reconsider the whole matter, after affording reasonable opportunity to all the parties and take a fresh decision in terms of law under Section 68 of the KCS Act adverting to the enquiry already done.
5. To the afore suggestion made by the learned Special Government Pleader, all the learned counsel appearing for the petitioners submitted that their clients have no objection in a fresh decision being taken by the Registrar of Co-operative Societies on the basis of enquiry already done, provided they are all given reasonable opportunity of being heard by the said Authority in terms of law.
WP(C).No. 41537 of 2017 & CON.CASES.
8
In the afore circumstances, since I notice the virtual consensus between the parties, at least to the afore limited extent, I set aside all the impugned orders in these cases and direct the Registrar of Co-operative Societies to hear the petitioners as also the concerned officials of the Federation and to take a fresh decision in terms of law under Section 68(2) of the KCS Act, as expeditiously as is possible but not later than four months from the date of receipt of a copy of this judgment.
This writ petition is thus ordered.
Sd/- DEVAN RAMACHANDRAN Stu JUDGE WP(C).No. 41537 of 2017 & CON.CASES.
9
APPENDIX OF WP(C) 41537/2017 PETITIONER'S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE BYE-LAWS OF THE 4TH RESPONDENT FEDERATION.
EXHIBIT P2 TRUE COPY OF THE REPORT DATED 20.06.2015 SUBMITTED BY THE 3RD RESPONDENT, UNDER SECTION 68(1) OF THE KERALA CO-OPERATIVE SOCIETIES ACT.
EXHIBIT P3 TRUE COPY OF THE NOTICE DATED 26.02.16 RECEIVED BY THE PETITIONER.
EXHIBIT P4 TRUE COPY OF THE REPLY DATED 18.03.2016 SUBMITTED BY THE PETITIONER.
EXHIBIT P5 TRUE COPY OF THE RELEVANT PAGES OF THE NOTICE OF THE GENERAL BODY FOR THE YEARS 2011, 2012 AND 2013 CONTAINING THE RECEIPT AND DISBURSEMENT STATEMENTS.
EXHIBIT P6 TRUE COPY OF THE CIRCULAR NO. 24/2010 DATED 05.05.2010 OF THE REGISTRAR OF CO-OPERATIVE SOCIETIES.
EXHIBIT P7 TRUE COPY OF THE POLICY STATUS VIEW DOWNLOADED FROM THE WEBSITE OF THE LIC.
EXHIBIT P8 TRUE COPY OF THE JUDGMENT DATED 08.04.2016 OF THIS HON'BLE COURT IN W.P.(C)NO. 13850/2016. EXHIBIT P9 TRUE COPY OF THE ORDER DATED 18.04.2017 OF THE 2ND RESPONDENT.
EXHIBIT P10 TRUE COPY OF THE JUDGMENT DATED 18.08.2017 IN W.P.(C) NO. 18836/2017.
EXHIBIT P11 TRUE COPY OF THE MEMORANDUM OF APPEAL DATED 08.09.2017 FILED BY THE PETITIONERS.
EXHIBIT P12 TRUE COPY OF THE ORDER DATED 11.12.2017 OF THE 1ST RESPONDENT.
RESPONDENTS' EXHIBITS : NIL
//TRUE COPY//
P.A TO JUDGE.
WP(C).No. 41537 of 2017 & CON.CASES.
10
APPENDIX OF WP(C) 41580/2017
PETITIONER'S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE BYE-LAWS OF THE 4TH RESPONDENT
FEDERATION.
EXHIBIT P2 TRUE COPY OF THE REPORT DATED 20.06.2015
SUBMITTED BY THE 3RD RESPONDENT, UNDER SECTION 68(1) OF THE KERALA CO-OPERATIVE SOCIETIES ACT. EXHIBIT P3 TRUE COPY OF THE NOTICE DATED 26.02.16 RECEIVED BY THE PETITIONER.
EXHIBIT P4 TRUE COPY OF THE REPLY DATED 18.03.2016 SUBMITTED BY THE PETITIONER.
EXHIBIT P5 TRUE COPY OF THE RELEVANT PAGES OF THE NOTICE OF THE GENERAL BODY FOR THE YEARS 2011,2012 AND 2013 CONTAINING THE RECEIPT AND DISBURSEMENT STATEMENTS.
EXHIBIT P6 TRUE COPY OF THE CIRCULAR NO. 24/2010 DATED 05.05.2010 OF THE REGISTRAR OF CO-OPERATIVE SOCIETIES.
EXHIBIT P7 TRUE COPY OF THE POLICY STATUS VIEW DOWNLOADED FROM THE WEBSITE OF THE LIC.
EXHIBIT P8 TRUE COPY OF THE JUDGMENT DATED 08.04.2016 OF THIS HON'BLE COURT IN W.P.(C) NO. 13850/2016. EXHIBIT P9 TRUE COPY OF THE ORDER DATED 18.04.2017 OF THE 2ND RESPONDENT.
EXHIBIT P10 TRUE COPY OF THE JUDGMENT DATED 18.08.2017 IN W.P.(C)NO. 17629/2017.
EXHIBIT P11 TRUE COPY OF THE MEMORANDUM OF APPEAL DATED 08.09.2017 FILED BY THE PETITIONER.
EXHIBIT P12 TRUE COPY OF THE ORDER DATED 11.12.2017 OF THE 1ST RESPONDENT.
EXHIBIT P13 TRUE COPY OF THE COMMUNICATION DATED 08.05.2018 OF THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES (GENERAL) EXHIBIT P14 TRUE COPY OF THE COVERING LETTER DATED 22.05.2018 BY THE PETITIONER.
EXHIBIT P15 TRUE COPY OF THE LETTER SUBMITTED ON 05.05.2018 BY THE PETITIONER.
WP(C).No. 41537 of 2017 & CON.CASES.
11EXHIBIT P16 TRUE COPY OF THE ORDER DATED 11.06.2018 OF THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES, (GENERAL) DISQUALIFYING THE PETITIONER.
RESPONDENT'S/S EXHIBITS:
EXHIBIT-R4(A) TRUE COPY OF BYE-LAWS OF THE FEDERATION.
EXHIBIT-R4(B) TRUE COPY OF THE AUDIT SPECIAL REPORTS FOR THE YEAR 2009-10 EXHIBIT-R4(C) TRUE COPY OF THE AUDIT SPECIAL REPORTS FOR THE YEAR 2010-11 EXHIBIT-R4(D) TRUE COPY OF THE AUDIT SPECIAL REPORTS FOR THE YEAR 2011-12 EXHIBIT-R4(E) TRUE COPY OF THE ABSTRACT OF THE AUDIT SUMMARY OF DEFECTS OF THE AUDIT CERTIFICATE FOR THE YEAR 2009-10 EXHIBIT-R4(F) TRUE COPY OF THE ABSTRACT OF THE AUDIT SUMMARY OF DEFECTS OF THE AUDIT CERTIFICATE FOR THE YEAR 2010-11 EXHIBIT-R4(G) TRUE COPY OF THE ABSTRACT OF THE AUDIT SUMMARY OF DEFECTS OF THE AUDIT CERTIFICATE FOR THE YEAR 2011-12 EXHIBIT-R4(H)(i) TRUE COPY OF LIC MARKET PLUS -1 POLICY NO. 796370460 (SULTAN BATTERY BRANCH) DATED 30/12/2009 ISSUED IN FAVOUR OF BABU P.C. MANAGING DIRECTOR, KERALA STATE CO-OPERATIVE HOUSING FEDERATION FOR RS. 1,00,00,000/-
EXHIBIT-R4(H)(ii) THE LETTER OF ASSIGNMENT DATED 31/12/2009 AND THE CONFIRMATION BY LIC IN RESPECT OF POLICY NO. 796370460 (SULTAN BATTERY BRANCH) EXHIBIT-R4(H)(iii) THE RENEWAL PREMIUM RECEIPT DATED 23/5/2011 IN RESPECT OF POLICY NO. 796370460 (SULTAN BATTERY BRANCH) EXHIBIT-R4(I)(i) TRUE COPY OF LIC MARKET PLUS-1 POLICY NO. 796370461 (SULTAN BATTERY BRANCH) DATED 30/12/2009 ISSUED IN FAVOUR OF BABU P.C.MANAGING DIRECTOR, KERALA STATE CO-OPERATIVE HOUSING FEDERATION FOR RS. 1,00,00,000/-
EXHIBIT-R4(I)(ii) THE LETTER OF ASSIGNMENT AND CONFIRMATION DATED 31/12/2009 BY LIC IN RESPECT OF POLICY NO. 796370461 (SULTAN BATTERY BRANCH) EXHIBIT-R4(I)(iii) THE RENEWAL PREMIUM RECEIPT DATED 23/5/2011 IN RESPECT OF POLICY NO. 796370461 (SULTAN BATTERY BRANCH) EXHIBIT-R4(J)(i) TRUE COPY OF LIC MARKET PLUS-1 POLICY NO. 796370462 (SULTAN BATTERY BRANCH) DATED 30/12/2009 ISSUED IN FAVOUR OF BABU P.C. MANAGING DIRECTOR, KERALA STATE CO-OPERATIVE HOUSING FEDERATION FOR RS. 1,00,00,000/- WP(C).No. 41537 of 2017 & CON.CASES.12
EXHIBIT-R4(J)(ii) THE LETTER OF ASSIGNMENT DATED 31/12/2009 AND THE CONFIRMATION BY LIC IN RESPECT OF POLICY NO. 796370462 (SULTAN BATTERY BRANCH) EXHIBIT-R4(J)(iii) THE RENEWAL PREMIUM RECEIPT DATED 23/5/2011 IN RESPECT OF POLICY NO. 796370462 (SULTAN BATTERY BRANCH) EXHIBIT-R4(K)(i) TRUE COPY OF LIC MARKET PLUS-1 POLICY NO. 796370459 (SULTAN BATTERY BRANCH) DATED 30/12/2009 ISSUED IN FAVOUR OF BABU P.C. MANAGING DIRECTOR, KERALA STATE CO-OPERATIVE HOUSING FEDERATION FOR RS.2,00,00,000/-
EXHIBIT-R4(K)(ii) THE LETTER OF ASSIGNMENT DATED 31/12/2009 IN RESPECT OF POLICY NO. 796370459 (SULTAN BATTERY BRANCH) EXHIBIT-R4(K)(iii) TRUE COPY OF THE RENEWAL PREMIUM RECEIPT DATED 23/5/2011 IN RESPECT OF POLICY NO. 796370459 (SULTAN BATTERY BRANCH) EXHIBIT-R4(L)(i) TRUE COPY OF LIC MARKET PLUS -1 POLICY NO. 777455757 (ERNAKULAM BRANCH) DATED 28/6/2010 ISSUED IN FAVOUR OF BABU P.C. MANAGING DIRECTOR, KERALA STATE CO- OPERATIVE HOUSING FEDERATION FOR RS. 2,00,00,000/-
EXHIBIT-R4(L)(ii) THE LETTER OF CONFIRMATION DATED 29/6/2010 IN RESPECT OF POLICY NO. 777455757 (ERNAKULAM BRANCH) EXHIBIT-R4(M)(i) TRUE COPY OF LIC MARKET PLUS -1 POLICY NO. 395065724 (THODUPUZHA BRANCH) DATED 28/6/2010 ISSUED IN FAVOUR OF BABU P.C. MANAGING DIRECTOR, KERALA STATE CO- OPERATIVE HOUSING FEDERATION FOR RS. 3,00,00,000/-
EXHIBIT-R4(M)(ii) THE LETTER OF ASSIGNMENT DATED 28/6/2010 IN RESPECT OF POLICY NO.395065724 (THODUPUZHA BRANCH) EXHIBIT-R4(M)(iii) THE CONFIRMATION BY LIC DATED 29/6/2011 IN RESPECT OF POLICY NO. 395065724 (THODUPUZHA BRANCH) EXHIBIT-R4(N)(i) TRUE COPY OF LIC MARKET PLUS -1 POLICY NO. 777453568 ERNAKULAM BRANCH) DATED 29/4/2010 ISSUED IN FAVOUR OF BABU P.C. MANAGING DIRECTOR, KERALA STATE CO- OPERATIVE HOUSING FEDERATION FOR RS. 2,00,00,000/- WITH LETTER OF ASSIGNMENT DATED 30/4/2010 EXHIBIT-R4(N)(ii) THE CONFIRMATION BY LIC DATED 30/4/2010 IN RESPECT OF POLICY NO. 777453568 (ERNAKULAM BRANCH).
EXHIBIT-R4(O)(i) TRUE COPY OF THE DEED OF ASSIGNMENT OF LIC MARKET PLUS -1 POLICY NO. 395063959 (THODUPUZHA BRANCH) DATED 30/4/2010 ISSUED IN FAVOUR OF BABU P.C. MANAGING DIRECTOR, KERALA STATE CO-OPERATIVE HOUSING FEDERATION FOR RS. 3,00,00,000/-
EXHIBIT-R4(O)(ii) THE LETTER OF ASSIGNMENT DATED 30/4/2010 ISSUED BY SRI.P.C.BABU IN RESPECT OF POLICY NO. 395063959 (THODUPUZHA BRANCH) EXHIBIT-R4(O)(iii) THE RENEWAL PREMIUM RECEIPT DATED 3/5/2010 IN RESPECT OF POLICY NO.395063959 (THODUPUZHA BRANCH) WP(C).No. 41537 of 2017 & CON.CASES.13
EXHIBIT-R4(P) TRUE COPY OF THE LETTER OF FORECLOSURE ISSUED BY THE LIC DATED 1/1/2014 WITH RESPECT TO TERMINATION OF POLICY NO. 796370459 EXHIBIT-R4(Q) THE TRUE COPY OF THE LETTER OF FORECLOSURE ISSUED BY THE LIC DATED 1/1/2014 WITH RESPECT TO TERMINATION OF POLICY NO. 796370460 EXHIBIT-R4(R) THE TRUE COPY OF THE LETTER OF FORECLOSURE ISSUED BY THE LIC DATED 1/1/2014 WITH RESPECT TO TERMINATION OF POLICY NO. 796370461.
EXHIBIT-R4(S) THE TRUE COPY OF THE LETTER OF FORECLOSURE ISSUED BY THE LIC DATED 1/1/2014 WITH RESPECT TO TERMINATION OF POLICY NO. 796370462 EXHIBIT-R4(T) THE TRUE COPY OF THE LETTER OF FORECLOSURE ISSUED BY THE LIC DATED 2/9/2013 WITH RESPECT TO TERMINATION OF POLICY NO. 777453568 AND 777455757.
EXHIBIT-R4(U) THE TRUE COPY OF THE LETTER OF FORECLOSURE ISSUED BY THE LIC DATED 1/8/2013 WITH RESPECT TO TERMINATION OF POLICY NO. 395063959.
EXHIBIT-R4(V) THE TRUE COPY OF THE LETTER OF FORECLOSURE ISSUED BY THE LIC DATED 1/8/2013 WITH RESPECT TO TERMINATION OF POLICY NO. 395065724 //TRUE COPY// P.A TO JUDGE.
WP(C).No. 41537 of 2017 & CON.CASES.14
APPENDIX OF WP(C) 97/2018 PETITIONER'S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE BYE-LAWS OF THE 4TH RESPONDENT FEDERATION EXHIBIT P2 TRUE COPY OF THE ENQUIRY REPORT DATED 20-06-2015 SUBMITTED BY THE 3RD RESPONDENT EXHIBIT P3 TRUE COPY OF THE NOTICE H.V(1)/21034/13 DATED 26-02-2016 EXHIBIT P4 TRUE COPY OF THE REPLY DATED 18-03-2016 SUBMITTED BY THE PETITIONERS EXHIBIT P5 TRUE COPY OF THE RELEVANT PAGES OF THE NOTICE OF THE GENERAL BODY FOR THE YEARS 2011, 2012 AND 2013 EXHIBIT P6 TRUE COPY OF THE CIRCULAR NO.24/2010 DATED 06-06-2010 ISSUED BY THE 2ND RESPONDENT EXHIBIT P7 TRUE COPY OF THE POLICY STATUS VIEW DOWNLOADED FROM THE WEBSITE OF THE LIC EXHIBIT P8 TRUE COPY OF THE JUDGMENT DATED 08-04-2016 IN W.P(C) NO 13850/2016 EXHIBIT P9 TRUE COPY OF THE ORDER NO.H.V(1) 21034/2013 DATED 18-04-2017 OF THE 2ND RESPONDENT EXHIBIT P10 TRUE COPY OF THE JUDGMENT DATED 18-07-2017 IN W.P(C) NO 18870/2017 EXHIBIT P11 TRUE COPY OF THE MEMORANDUM OF APPEAL DATED 08-09-2017 FILED BY THE PETITIONER EXHIBIT P12 TRUE COPY OF THE ORDER NO.G.O(RT) NO 657/2017/CO-
OP DATED 11-12-2017 OF THE 1ST RESPONDENT EXHIBIT P13 TRUE COPY OF THE ARGUMENT NOTE SUBMITTED BY THE PETITIONERS BEFORE THE 2ND RESPONDENT DATED 02-10- 2017
RESPONDENTS' EXHIBITS : NIL
//TRUE COPY//
P.A TO JUDGE.
WP(C).No. 41537 of 2017 & CON.CASES.
15
APPENDIX OF WP(C) 1961/2018
PETITIONER'S EXHIBITS:
EXHIBIT-P1 TRUE COPY OF THE BYE LAWS OF THE 4TH RESPONDENT
FEDERATION
EXHIBIT-P2 TRUE COPY OF THE REPORT DATED 20/06/2015
SUBMITTED BY THE 3RD RESPONDENT
EXHIBIT-P3 TRUE COPY OF THE NOTICE NO. H V (1) 21034/13
DATED 26/02/2016 ISSUED BY THE 2ND RESPONDENT EXHIBIT-P4 TRUE COPY OF THE REPLY SUBMITTED BY THE PETITIONER DATED 18/03/2016 EXHIBIT-P5 TRUE COPY OF THE RELEVANT PAGES OF THE NOTICE OF THE GENERAL BODY OF THE 4TH RESPONDENT FEDERATION FOR THE YEARS 2011,2012 AND 2013 EXHIBIT-P6 TRUE COPY OF THE CIRCULAR NO. 24/2010 DATED 05/05/2010 ISSUED BY THE REGISTRAR OF CO- OPERATIVE SOCIETIES EXHIBIT-P7 TRUE COPY OF THE MARKET PLUS POLICY STATUS VIEW DOWNLOADED FROM THE WEBSITE OF THE LIC EXHIBIT-P8 TRUE COPY OF THE JUDGMENT DATED 08/04/2016 IN W.P(C) 13850/2016 EXHIBIT-P9 TRUE COPY OF THE ORDER NO. HV (1) 21034/2013 DATED 18/04/2017 ISSUED BY THE 2ND RESPONDENT EXHIBIT-P10 TRUE COPY OF THE JUDGMENT DATED 18/08/2017 IN W.P(C) 23671/2017 EXHIBIT-P11 TRUE COPY OF THE APPEAL FILED BY THE PETITIONER BEFORE THE GOVERNMENT EXHIBIT-P12 TRUE COPY OF THE G.O(RT) 657/2017/CO-OP DATED 11/12/2017 RESPONDENT'S/S EXHIBITS:
EXHIBIT-R4(A) TRUE COPY OF BYE-LAWS OF THE FEDERATION.
EXHIBIT-R4(B) TRUE COPY OF THE AUDIT SPECIAL REPORTS FOR THE YEAR 2009-10 EXHIBIT-R4(C) TRUE COPY OF THE AUDIT SPECIAL REPORTS FOR THE YEAR 2010-11 WP(C).No. 41537 of 2017 & CON.CASES.16
EXHIBIT-R4(D) TRUE COPY OF THE AUDIT SPECIAL REPORTS FOR THE YEAR 2011-12 EXHIBIT-R4(E) TRUE COPY OF THE ABSTRACT OF THE AUDIT SUMMARY OF DEFECTS OF THE AUDIT CERTIFICATE FOR THE YEAR 2009-10 EXHIBIT-R4(F) TRUE COPY OF THE ABSTRACT OF THE AUDIT SUMMARY OF DEFECTS OF THE AUDIT CERTIFICATE FOR THE YEAR 2010-11 EXHIBIT-R4(G) TRUE COPY OF THE ABSTRACT OF THE AUDIT SUMMARY OF DEFECTS OF THE AUDIT CERTIFICATE FOR THE YEAR 2011-12 EXHIBIT-R4(H)(I) TRUE COPY OF LIC MARKET PLUS -1 POLICY NO. 796370460 (SULTAN BATTERY BRANCH) DATED 30/12/2009 ISSUED IN FAVOUR OF BABU P.C. MANAGING DIRECTOR, KERALA STATE CO-OPERATIVE HOUSING FEDERATION FOR RS. 1,00,00,000/-
EXHIBIT-R4(H)(II) THE LETTER OF ASSIGNMENT DATED 31/12/2009 AND THE CONFIRMATION BY LIC IN RESPECT OF POLICY NO. 796370460 (SULTAN BATTERY BRANCH) EXHIBIT-R4(H)(III) THE RENEWAL PREMIUM RECEIPT DATED 23/5/2011 IN RESPECT OF POLICY NO. 796370460 (SULTAN BATTERY BRANCH) EXHIBIT-R4(I)(II) THE LETTER OF ASSIGNMENT AND CONFIRMATION DATED 31/12/2009 BY LIC IN RESPECT OF POLICY NO. 796370461 (SULTAN BATTERY BRANCH) EXHIBIT-R4(I)(iii) THE RENEWAL PREMIUM RECEIPT DATED 23/5/2011 IN RESPECT OF POLICY NO. 796370461 (SULTAN BATTERY BRANCH) EXHIBIT-R4(J)(i) TRUE COPY OF LIC MARKET PLUS-1 POLICY NO. 796370462 (SULTAN BATTERY BRANCH) DATED 30/12/2009 ISSUED IN FAVOUR OF BABU P.C. MANAGING DIRECTOR, KERALA STATE CO-OPERATIVE HOUSING FEDERATION FOR RS. 1,00,00,000/-
EXHIBIT-R4(J)(ii) THE LETTER OF ASSIGNMENT DATED 31/12/2009 AND THE CONFIRMATION BY LIC IN RESPECT OF POLICY NO. 796370462 (SULTAN BATTERY BRANCH) EXHIBIT-R4(J)(III) THE RENEWAL PREMIUM RECEIPT DATED 23/5/2011 IN RESPECT OF POLICY NO. 796370462 (SULTAN BATTERY BRANCH) EXHIBIT-R4(K)(i) TRUE COPY OF LIC MARKET PLUS-1 POLICY NO. 796370459 (SULTAN BATTERY BRANCH) DATED 30/12/2009 ISSUED IN FAVOUR OF BABU P.C. MANAGING DIRECTOR, KERALA STATE CO-OPERATIVE HOUSING FEDERATION FOR RS.2,00,00,000/-
EXHIBIT-R4(K)(ii) THE LETTER OF ASSIGNMENT DATED 31/12/2009 IN RESPECT OF POLICY NO. 796370459 (SULTAN BATTERY BRANCH) EXHIBIT-R4(K)(iii) TRUE COPY OF THE RENEWAL PREMIUM RECEIPT DATED 23/5/2011 IN RESPECT OF POLICY NO. 796370459 (SULTAN BATTERY BRANCH) EXHIBIT-R4(L)(i) TRUE COPY OF LIC MARKET PLUS -1 POLICY NO. 777455757 WP(C).No. 41537 of 2017 & CON.CASES.17
(ERNAKULAM BRANCH) DATED 28/6/2010 ISSUED IN FAVOUR OF BABU P.C. MANAGING DIRECTOR, KERALA STATE CO- OPERATIVE HOUSING FEDERATION FOR RS. 2,00,00,000/-
EXHIBIT-R4(L)(ii) THE LETTER OF CONFIRMATION DATED 29/6/2010 IN RESPECT OF POLICY NO. 777455757 (ERNAKULAM BRANCH) EXHIBIT-R4(M)(i) TRUE COPY OF LIC MARKET PLUS -1 POLICY NO. 395065724 (THODUPUZHA BRANCH) DATED 28/6/2010 ISSUED IN FAVOUR OF BABU P.C. MANAGING DIRECTOR, KERALA STATE CO- OPERATIVE HOUSING FEDERATION FOR RS. 3,00,00,000/-
EXHIBIT-R4(M)(ii) THE LETTER OF ASSIGNMENT DATED 28/6/2010 IN RESPECT OF POLICY NO. 395065724 (THODUPUZHA BRANCH ) EXHIBIT-R4(M)(iii) THE CONFIRMATION BY LIC DATED 29/6/201O IN RESPECT OF POLICY NO. 395065724 (THODUPUZHA BRANCH) EXHIBIT-R4(N)(i) TRUE COPY OF LIC MARKET PLUS -1 POLICY NO. 777453568 ERNAKULAM BRANCH) DATED 29/4/2010 ISSUED IN FAVOUR OF BABU P.C. MANAGING DIRECTOR, KERALA STATE CO- OPERATIVE HOUSING FEDERATION FOR RS. 2,00,00,000/- WITH LETTER OF ASSIGNMENT DATED 30/4/2010 EXHIBIT-R4(N)(ii) THE CONFIRMATION BY LIC DATED 30/4/2010 IN RESPECT OF POLICY NO. 777453568 (ERNAKULAM BRANCH).
EXHIBIT-R4(O)(i) TRUE COPY OF THE DEED OF ASSIGNMENT OF LIC MARKET PLUS -1 POLICY NO. 395063959 (THODUPUZHA BRANCH) DATED 30/4/2010 ISSUED IN FAVOUR OF BABU P.C. MANAGING DIRECTOR, KERALA STATE CO-OPERATIVE HOUSING FEDERATION FOR RS. 3,00,00,000/-
EXHIBIT-R4(O)(ii) THE LETTER OF ASSIGNMENT DATED 30/4/2010 ISSUED BY SRI.P.C.BABU IN RESPECT OF POLICY NO. 395063959 (THODUPUZHA BRANCH) EXHIBIT-R4(O)(iii) THE RENEWAL PREMIUM RECEIPT DATED 3/5/2010 IN RESPECT OF POLICY NO.395063959 (THODUPUZHA BRANCH) EXHIBIT-R4(I)(i) TRUE COPY OF LIC MARKET PLUS01 POLICY NO. 796370461 (SULTAN BATTERY BRANCH) DATED 30/12/2009 ISSUED IN FAVOUR OF BABU P.C.MANAGING DIRECTOR, KERALA STATE CO-OPERATIVE HOUSING FEDERATION FOR RS. 1,00,00,000/-
EXHIBIT-R4(P) TRUE COPY OF THE LETTER OF FORECLOSURE ISSUED BY THE LIC DATED 1/1/2014 WITH RESPECT TO TERMINATION OF POLICY NO. 796370459 EXHIBIT-R4(Q) THE TRUE COPY OF THE LETTER OF FORECLOSURE ISSUED BY THE LIC DATED 1/1/2014 WITH RESPECT TO TERMINATION OF POLICY NO. 796370460 EXHIBIT-R4(R) THE TRUE COPY OF THE LETTER OF FORECLOSURE ISSUED BY THE LIC DATED 1/1/2014 WITH RESPECT TO TERMINATION OF POLICY NO. 796370461.
EXHIBIT-R4(S) THE TRUE COPY OF THE LETTER OF FORECLOSURE ISSUED BY THE LIC DATED 1/1/2014 WITH RESPECT TO TERMINATION OF POLICY NO. 796370462 WP(C).No. 41537 of 2017 & CON.CASES.18
EXHIBIT-R4(T) THE TRUE COPY OF THE LETTER OF FORECLOSURE ISSUED BY THE LIC DATED 2/9/2013 WITH RESPECT TO TERMINATION OF POLICY NO. 777453568 AND 777455757.
EXHIBIT-R4(U) THE TRUE COPY OF THE LETTER OF FORECLOSURE ISSUED BY THE LIC DATED 1/8/2013 WITH RESPECT TO TERMINATION OF POLICY NO. 395063959.
EXHIBIT-R4(V) THE TRUE COPY OF THE LETTER OF FORECLOSURE ISSUED BY THE LIC DATED 1/8/2013 WITH RESPECT OF TERMINATION OF POLICY NO. 395065724.
//TRUE COPY// P.A. TO JUDGE.