Kerala High Court
Ravi L vs State Of Kerala on 28 May, 2019
Author: Devan Ramachandran
Bench: Devan Ramachandran
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
TUESDAY, THE 28TH DAY OF MAY 2019 / 7TH JYAISHTA, 1941
WP(C).No. 9145 of 2019
PETITIONER:
RAVI L.,
AGED 59 YEARS
S/O.LAKSHMANAN, RESIDING AT CC NO.8/1035-B,
KOCHERY PARAMBU, PRIYANKA NIVAS, R.G.PAI ROAD,
MATTANCHERY P.O., ERNAKULAM DISTRICT,
KOCHI - 682 002.
BY ADVS.
SMT.M.D.BEENA
SRI.ANEESH JAMES
SRI.JIJO THOMAS
RESPONDENTS:
1 STATE OF KERALA,
REPRESENTED BY THE SECRETARY TO THE GOVERNMENT,
DEPARTMENT OF CO-OPERATION, GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM - 695 001.
2 THE REGISTRR OF CO-OPERATIVE SOCIETIES,
JAWAHAR SAHAKARANA BHAVAN, DPI JUNCTION,
JAGAHTY, THYCADU, THIRUVANANTHAPURAM - 695 014.
3 THE JOINT REGISTRAR OF CO-OPERATIVE
SOCIETIES (GENERAL),
CIVIL STATION, BLOCK-B, 5TH FLOOR,
ERNAKULAM, COCHIN - 682 030.
4 THE ASSISTANT REGISTRAR OF CO-OPERATIVE
SOCITIES (GENERAL),
OCHANTHURUTH SERVICE CO-OPERATIVE BANK
BUILDING, MURUKKUMPADAM BRANCH,
3AZHEEKKAL P.O., PIN - 682 508.
5 KOCHIN CO-OPERATIVE SOCIETY LTD.,
NO.E-100, LALAN ROAD, COCHIN - 682 002,
REPRESENTED BY ITS SECRETARY.
WP(C).No. 9145 of 2019 2
BY ADVS.
SRI.N.N.SUGUNAPALAN (SR.)
SRI.S.SUJIN
SRI.NAVNEETH D.PAI-SC, SMT. C.S.SHEEJA-SR.GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
28.05.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No. 9145 of 2019 3
JUDGMENT
The petitioner's singular prayer in this writ petition is that Ext.P4 order of the Registrar of Co-operative Societies be directed to be implemented by the 5th respondent-Co- operative Society. The petitioner alleges that the 5th respondent has not remitted the employees' share of the Provident Fund and therefore, that he was constrained to do so himself, so as to obtain his benefits; and that the Registrar, therefore, has issued Ext.P4 order directing the Society to make remittance of the said amounts within a time frame. The petitioner says that inspite of Ext.P4 order, the Society has not cared to do so. He, therefore, prays that the Society be directed to act as per Ext.P4, as also for a consequential relief against the 2nd respondent, to take necessary action against the society, if they do not do so.
2. The learned Standing Counsel appearing for the respondent-Society, Shri.Navaneeth WP(C).No. 9145 of 2019 4 D.Pai, submits that his client has not complied with Ext.P4 directions only because of the critical financial condition of the Society and he says that he does not have instructions as to whether the Society will comply with the directions in future.
3. Smt.C.S.Sheeja, the learned Senior Government Pleader, appearing on behalf of the official respondents, submits that the petitioner has already preferred Ext.P7 representation before the 2nd respondent- Registrar of Co-operative Societies and that all necessary action based thereon will be taken by the said Authority, after affording all the parties necessary opportunity of being heard, as expeditiously as is possible but not later than two months from the date of receipt of a copy of this judgment. She adds that, in fact, action under Section 66(1) of the Kerala Co-operative Societies Act has already been initiated against the Society and that all necessary and consequential steps will be taken by the said WP(C).No. 9145 of 2019 5 Authority, as is warranted in law, without any further delay.
Taking note of the afore submissions, I order this writ petition and direct the 2 nd and 3rd respondents (whoever is competent among them) to take up Ext.P7 representation of the petitioner and dispose of the same, after affording him and the concerned officials of the 5th respondent-Society an opportunity of being heard, and thereafter take all necessary and consequential action, by issuing an appropriate order thereon, as expeditiously as is possible but not later than two months from the date of receipt of a copy of this judgment.
Sd/-
DEVAN RAMACHANDRAN JUDGE MC/28.05.2019 WP(C).No. 9145 of 2019 6 APPENDIX PETITIONER'S/S EXHIBITS:
EXHIBIT P1 A TRUE COPY OF THE LETTER DATED 30/09/2017 ISSUED BY THE ADDITIONAL REGISTRAR/SECRETARY OF THE PENSION BOARD TO THE 5TH RESPONDENT.
EXHIBIT P2 A TRUE COPY OF THE COUNTERFOIL DATED 24/10/2017 OF THE ERNAKULAM DISTRICT CO- OPERATIVE BANK LTD., ERNAKULAM BRANCH, SHOWING THE REMITTANCE OF RS.1,15,929/- BY THE PETITIONER.
EXHIBIT P3 A TRUE COPY OF THE COMPLAINT DATED 11/05/2018 SUBMITTED BY THE PETITIONER BEFORE 3RD RESPONDENT.
EXHIBIT P4 A TRUE COPY OF THE ORDER DATED 12/09/2018 ISSUED BY THE 4TH RESPONDENT.
EXHIBIT P5 A TRUE COPY OF THE COMMUNICATION DATED 12/10/2018 ISSUED BY THE 4TH RESPONDENT.
EXHIBIT P6 A TRUE COPY OF THE CIRCULAR NO.44/2012 DATED 19/11/2012 ISSUED BY THE 2ND RESPONDENT.
EXHIBIT P7 A TRUE COPY OF THE REPRESENTATION DATED 21/01/2019 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT.
EXHIBIT P8 A TRUE COPY OF THE POSTAL RECEIPT DATED 23/01/2019 EVIDENCING THE ISSUANCE OF EXHIBIT P7.
EXHIBIT P9 A TRUE COPY OF THE CONSIGNMENT TRACK RECORD OBTAINED FROM THE OFFICIAL WEBSITE OF INDIAN POSTAL DEPARTMENT EVIDENCING THE RECEIPT OF EXHIBIT P7 BY THE 2ND RESPONDENT.
RESPONDENT'S/S EXHIBITS:
NIL MC (TRUE COPY) PA TO JUDGE