Kerala High Court
Michael Samson vs The Executive Committee on 7 January, 2022
Author: V Raja Vijayaraghavan
Bench: V Raja Vijayaraghavan
WP(C) No.516/2022 1/4
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
Friday, the 7th day of January 2022 / 17th Pousha, 1943
WP(C) NO. 516 OF 2022(L)
PETITIONER:
MICHAEL SAMSON, AGED 55 YEARS ,S/O. BERNARD JOSEPH, ALAYIDATHU
HOUSE, MANNASSERI, MUNDAMVELI P.O, KOCHI , EX-WORKER, MATSYAFED
DISTRICT OFFICE, ERNAKULAM.
RESPONDENTS:
1. THE EXECUTIVE COMMITTEE, REPRESENTED BY CHAIRMAN, MATSYAFED,
KAMALESWARAM, MANAKKADU P.O, THIRUVANANTHAPURAM PIN 695 009.
2. THE MANAGING DIRECTOR, MATSYAFED, THIRUVANANTHAPURAM 3
3. V.P SURENDRAN ,DEPUTY GENERAL MANAGER (COMMERCIAL OPERATIONS)
INCHARGE, MATSYAFED, THIRUVANANTHAPURAM PIN 695 009.
4. THE DISTRICT MANAGER ,MATSYAFED DISTRICT OFFICE, ERNAKULAM, PIN 682
005.
5. THE KERALA CO-OPERATIVE TRIBUNAL, JAWAHAR SAHAKARANA BHAVAN,
VAZHUTHACAUD, POOJAPPURA RD, DPI, THIRUVANANTHAPURAM PIN 695 014.
Writ petition (civil) praying inter alia that in the circumstances
stated in the affidavit filed along with the WP(C) the High Court be
pleased to stay the operation of Exhibit P-16, till the disposal of the
above writ petition(c).
This petition coming on for admission upon perusing the petition and
the affidavit filed in support of WP(C) and upon hearing the arguments of
M/S.A.X.VARGHESE & A.V.JOJO, Advocates for the petitioners and of SRI.
T.P. PRADEED,Advocate for respondents 1 to 4, the court passed the
following:-
P.T.O.
WP(C) No.516/2022 2/4
RAJA VIJAYARAGHAVAN V, J.
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W.P.(C) No.516 of 2022
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Dated this the 7th day of January, 2022
ORDER
I have heard Sri.Jojo A.V, the learned counsel for the petitioner and Sri.T.P.Pradeep, the learned counsel appearing for the respondents 1 to 4.
2. Essentially, the learned counsel contends that the revision petition was heard and disposed of behind the back of the petitioner. Reliance is placed on Ext.P15 and it is pointed out that notice was served on a non-existent address at Manakkadu, Thiruvananthapuram, where the petitioner has never resided. He would also point out that the reasons given by the Tribunal in the order dismissing the review petition is clearly erroneous. It is submitted that no notice was ever served on the actual address of the petitioner which is "Michael Samson, S/o.Bernad Joseph, Alayidathu House, Manasseri, Mundamveli P.O, Kochi". According to the learned counsel, nowhere in the proceeding sheet has it been mentioned that notice was sent to the address at Kochi.
The Registry is directed to obtain a report from the 5th respondent as to whether notice was actually sent to the address "Michael Samson, S/o.Bernad WP(C) No.516/2022 3/4 W.P.(C) No.516 of 2022 2 Joseph, Alayidathu House, Manasseri, Mundamveli P.O, Kochi" and whether the same was not accepted as stated in the review petition. Details of the paper publication shall also be furnished.
Having regard to the submissions advanced, Ext.P16 will stand stayed for a period of two weeks.
Post on 25.01.2022.
Sd/-
RAJA VIJAYARAGHAVAN V, JUDGE IAP 07-01-2022 /True Copy/ Assistant Registrar WP(C) No.516/2022 4/4 Exhibit P15 TRUE COPY OF THE PROCEEDING SHEET IN R.P 101/2019 Exhibit P16 TRUE COPY OF THE ORDER DATED 29-09-2020 IN REVISION PETITION NO. 101/2019 OF THE KERALA CO-OPERATIVE TRIBUNAL, THIRUVANANTHAPURAM