Kerala High Court
Unknown vs Present
Author: Anil K.Narendran
Bench: Anil K.Narendran
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN
MONDAY, THE 9TH DAY OF JULY 2018 / 18TH ASHADHA, 1940
WP(C).No. 1980 of 2017
PETITIONERS
1 MANAGING COMMITTEE,
VADI FISHERMEN DEVELOPMENT WELFARE CO-OPERATIVE
SOCIETY LTD NO.DF(Q) 42/92, VADDI.KACHERY P.O., KOLLAM-691001,
REPRESENTS BY ITS PRESIDENT.
2 VADI FISHERMEN DEVELOPMENT WELFARE CO-OPERATIVE SOCIETY
LTD NO.DF(Q) 42/92, VADDI.KACHERY P.O., KOLLAM-691001,
REPRESENTS BY ITS HONORARY SECRETARY.
BY ADV.SRI.UNNI. K.K. (EZHUMATTOOR)
RESPONDENTS:
1. STATE OF KERALA
REPRESENTED BY SECRETARY TO GOVERNMENT,
CO-OPERATIVE DEPARTMENT, GOVT.SECRETARIAT,
THIRUVANANTHAPURAM-695001.
2. SECRETARY TO GOVERNMENT
FISHERIES DEPARTMENT, GOVERNMENT OF KERALA,
GOVT.SECRETARIAT, THIRUVANANTHAPURAM-695001.
3. THE DIRECTOR,
DEPARTMENT OF FISHERIES, FISHERIES DIRECTORATE,
MANACAUD, THIRUVANANTHAPURAM-695009.
4. JOINT DIRECTOR (SOUTHERN REGION)
DEPARTMENT OF FISHERIES, FISHERIES DIRECTORATE,
MANACAUD, THIRUVANANTHAPURAM-695009.
5. ASST. REGISTRAR OF FISHERIES
KOLLAM-691001.
6. FISHERIES DEVELOPMENT OFFICER,
O/O.JOINT DIRECTOR OF FISHERIES, MANACAUD,
THIRUVANANTHAPURAM-695009.
WP(C).No. 1980 of 2017 (V)
*ADDL.R7 IMPLEADED
-------------------
*Addl.7. E LUKOSE @LUKA(VICE PRESIDENT,
MEMBERSHIP NO.10)
S/O ELIYAS,AGED 69 YEARS,
KUZHIVAYAL PURAYIDAM,KAIKULANGARA VADI,
KOLLAM DISTRICT
*ADDL. R7 IS IMPLEADED AS PER ORDER DATED 25.07.2017 IN IA NO. 10227/17
R1 TO R6 BY GOVERNMENT PLEADER SMT. MABLE C. KURIAN
ADDL.R7 BY ADVS. SRI.PRATHEESH.P
SMT.RENY ANTO
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD
ON 09-07-2018, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
WP(C).No. 1980 of 2017 (V)
APPENDIX
PETITIONER(S)' EXHIBITS
EXHIBIT P1 TRUE COPY OF THE DEFECT NOTE OF THE AUDIT
CERTIFICATE FOR THE YEAR 2014-2015.
EXHIBIT P2 TRUE COPY OF THE DEFECT NOTE WITH REGARD TO
THE SOCIETY FOR THE YEAR 2010-2011.
EXHIBIT P3 TRUE COPY OF THE DEFECT NOTE WITH REGARD TO
THE SOCIETY FOR THE YEARS 2011-12.
EXHIBIT P4 TRUE COPY OF THE DEFECT NOTE WITH REGARD TO
THE SOCIETY FOR THE YEAR 2012-13.
EXHIBIT P5 TRUE COPY OF THE MINUTES DATED 20-6-2013.
EXHIBIT P6 TRUE COPY OF THE NOTICE DATED 5-6-2015.
EXHIBIT P7 TRUE COPY OF THE REPLY DATED 15-6-2015.
EXHIBIT P8 TRUE COPY OF THE NOTICE DATED 1-1-2016.
EXHIBIT P9 TRUE COPY OF THE PERMISSION DATED 15-7-2016 OF
THE 4TH RESPONDENT.
EXHIBIT P10 TRUE COPY OF THE SANCTION ISSUED BY THE DISTRICT
MANAGER, MATSYAFED DATED 26-2-2015.
EXHIBIT P11 TRUE COPY OF THE PERMISSION DATED 14.11.2014
EXHIBIT P12 TRUE COPY OF THE PERMIT DATED 13-12-2012 ISSUED
BY THE CORPORATION.
EXHIBIT P13 COPY OF THE INFORMATION PROVIDED BY THE TALUK
SUPPLY OFFICER DATED 3-3-2016.
EXHIBIT P14 TRUE COPY OF THE REPLY DATED 18-1-2016.
EXHIBIT P15 TRUE COPY OF THE NOTICE DATED 4-3-2016.
EXHIBIT P16 TRUE COPY OF THE REPLY DATED 14-3-2016.
EXHIBIT P17 TRUE COPY OF THE JUDGMENT IN WRIT PETITION
NO.1846/2016 DATED 9-8-2016.
EXHIBIT P18 TRUE COPY OF THE NOTICE DATED 18-11-2016.
EXHIBIT P19 TRUE COPY OF THE REPLY SUBMITTED BY THE SOCIETY.
EXHIBIT P20 TRUE COPY OF THE ORDER DATED 18-11-2016 OF THE
4TH RESPONDENT.
WP(C).No. 1980 of 2017 (V)
EXHIBIT P21 TRUE COPY OF THE REQUEST MADE ON 30-12-2016.
EXHIBIT P22 TRUE COPY OF THE REPORT DATED 16.05.2015 OF THE FISHERIES
DEVELOPMENT OFFICER.
EXHIBIT P23 TRUE COPY OF THE EXPLANATION DATED 28.10.2017
RESPONDENTS EXHIBITS
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EXT.R3(A) TRUE COPY OF THE RESPECTIVE PAGES OF AUDIT REPORT
EXT.R3(B) TRUE COPY OF THE LETTER
EXT.R3(C) TRUE COPIES OF THE QUITTANCE OF THE SOCIETY FROM
2015 AUGUST TO 2016 NOVEMBER
EXT.R7(A) THE COPY OF LETTER NO. F/6860/2004 DATED 01.01.2016
EXT.R7(B) THE COPY OF REPLY GIVEN BY THE 1ST PETITIONER TO THE
5TH RESPONDENT DATED 5.1.2016
EXT.R7(C) THE COPY OF ORDER PASSED BY THE HON'BLE HIGH COURT OF
KERALA IN WPC. NO. 21065/2016 DATED 12.1.2017
EXT.R7(D) THE COPY OF THE FIR IN CRIME NO. 128/2016 OF PALLITHOTTAM
POLICE STATION
EXT.R7(E) THE COPY OF ORDER PASSED BY JFMC-1 (TEMPORARY), KOLLAM
DATED 5.9.2016
EXT.R7(F) THE COPY OF THE AUDIT REPORT OF THE SOCIETY BEARING NO.
DF (Q) 42/92 FOR THE PERIOD FORM 1.4.2016 TO 31.3.2017
/TRUE COPY/
PA TO JUDGE
sdr/-
16.07.18
ANIL K.NARENDRAN, J.
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W.P .(C)No.1980 of 2017
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Dated this the 9th day of July, 2018
JUDGMENT
The 1st petitioner is the Managing Committee of the 2 nd petitioner Co-operative Society. The petitioners have filed this writ petition under Article 226 of the Constitution of India, seeking a writ of certiorari to quash Ext.P20 order dated 18.11.2016 of the 4th respondent Joint Director and for a writ of mandamus commanding the said respondent to consider and pass appropriate orders on Ext.P21 request made to change the Enquiry Officer appointed as per Ext.P20. The petitioners have also sought for other consequential reliefs.
2. On 19.01.2017, when this writ petition came up for admission, the learned Senior Government Pleader sought time to get instructions. This Court has granted an interim order to the effect that the report, if any, filed pursuant to Ext.P20 shall not be acted upon. Thereafter, on 16.02.2017, the writ petition was admitted on file and notice was issued to the respondents. This Court has ordered that the interim order granted on W.P.(C)No.1980 of 2017 :-2-:
19.01.2017 will continue.
3. On 06.07.2018, when the case is taken up for consideration, it was submitted by the learned Government Pleader that by order No.F3/1751/2014 dated 08.06.2018, the 4 th respondent Joint Director has already recalled Ext.P20 order dated 18.11.2016, which is under challenge in this writ petition. The learned Government Pleader sought time to produce a copy of the said order and accordingly the case is listed today for further consideration.
4. Along with a memo dated 07.07.2018 filed by the learned Government Pleader, the order of the 4 th respondent Joint Director dated 08.06.2018 is placed on record. As discernible from the said order, Ext.P20 order dated 18.11.2016 now stands recalled.
In such circumstances, this writ petition is disposed of recording the fact that Ext.P20 order dated 18.11.2016 of the 4 th respondent now stands recalled by order No.F3/1751/2014 dated 08.06.2018.
Sd/-
ANIL K.NARENDRAN JUDGE ami/10.7.18 //True copy// P.A.to Judge