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Kerala High Court

The Kerala State Co-Operative ... vs W.P.(C).No.10054/2020 :: 2 on 21 May, 2020

Author: A.K.Jayasankaran Nambiar

Bench: A.K.Jayasankaran Nambiar

              IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT:
      THE HONOURABLE MR. JUSTICE A.K.JAYASANKARAN NAMBIAR
     THURSDAY,THE 21ST DAY OF MAY 2020/31ST VAISAKHA, 1942
                       W.P(C) NO.10054/2020


PETITIONER:


     THE KERALA STATE CO-OPERATIVE AGRICULTURAL AND
     POST BOX NO.56,HEAD OFFICE, STATUE JUNCTION,
     THIRUVANANTHAPURAM-695001,
     REPRESENTED BY ITS MANAGING DIRECTOR.

RESPONDENT
1.   KERALA STATE FISHERMENS DEBT RELIEF COMMISSION,
     REPRESENTED BY ITS SECRETARY,RURAL AND AGRICULTURAL
     WHOLESALE MARKET COMPOUND, VENPALAVATTOM,
     ANAYARA, THIRUVANANTHAPURAM-695029.
2.   THE STATE OF KERALA,
     REPRESENTED BY THE SECRETARY,DEPARTMENT
     OF CO-OPERATION,GOVERNMENT SECRETARIAT,
     THIRUVANANTHAPURAM-695001.
3.   THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES,UP
     UP HILL,MALAPPURAM-676505.
4.   THE TIRUR CO-OPERATIVE AGRICULTURAL AND RURAL
     DEVELOPMENT BANK,TIRUR,MALAPPURAM DISTRICT-676101,
     REPRESENTED BY ITS SECRETARY.
5.   AISHAVI,
     W/O LATE MOOSA,KUTTAYINTEPURAKKAL HOUSE,
     KUTTAYI.P.O,MALAPPURAM DISTRICT-676562.


      THIS PETITION COMING ON FOR ORDERS UPON PERUSING THE
PETITION AND THE AFFIDAVIT FILED IN SUPPORT OF WP(C) AND UPON
HEARING THE ARGUMENTS OF M/S NISHA GEORGE, ADVOCATE FOR THE
PETITIONER,    SRI.P.G.SUNIL,     STANDING   COUNSEL    FOR   THE   1ST
RESPONDENT    AND   SRI.K.P.HARISH,    SENIOR   GOVT.    PLEADER    FOR
RESPONDENTS 2 AND 3 & THE COURT PASSED THE FOLLOWING:
 W.P.(C).NO.10054/2020                     :: 2 ::



                      A.K.JAYASANKARAN NAMBIAR, J.
                            -------------------------------
                         W.P.(C).NO.10054 OF 2020
                          -----------------------------------
                     Dated this the 21st day of May, 2020

                                   ORDER

Admit. The learned senior Government Pleader Sri.K.P.Harish takes notice for respondents 2 and 3. Sri.P.G.Sunil, the learned Standing Counsel takes notice for the 1st respondent. The petitioner shall serve notice on the 4 th and 5th respondents and produce proof of service of notice before the Registry within a week.

2. Post after three weeks for the counter affidavit of the respondents.

In the meanwhile, there shall be a stay of operation of Ext.P2 order to the extent it directs the petitioner to take over the waived liability of the 5 th respondent to the 4 th respondent. It is made clear that the findings in Ext.P1 order as regards the liability of the 5th respondent to the 4th respondent are not interfered with.

Sd/-

A.K.JAYASANKARAN NAMBIAR JUDGE prp/21/5/2020