Kerala High Court
V.V.Saseendran vs State Of Kerala on 3 April, 2025
2025:KER:30172
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.M.MANOJ
THURSDAY, THE 3RD DAY OF APRIL 2025 / 13TH CHAITHRA, 1947
WP(C) NO. 9643 OF 2015
PETITIONER:
V.V.SASEENDRAN
AGED 65 YEARS
LAKSHMI VIHAR, PADA NORTH,
KARUNAGAPPALLY, KOLLAM DISTRICT.
BY ADVS.
SRI.P.K.VIJAYAMOHANAN
SRI.ANTONY ROBERT DIAS
SRI.GILBERT GEORGE CORREYA
SRI.NISHIL.P.S.
RESPONDENTS:
1 STATE OF KERALA,
REPRESENTED BY THE SECRETARY TO GOVERNMENT,
FISHERIES & PORTS DEPARTMENT, GOVERNMENT OF KERALA,
SECRETARIAT, THIRUVANANTHAPURAM - 695 001.
2 THE REGISTRAR OF FISHERIES CO-OPERATIVE SOCIETIES
AND DIRECTOR OF FISHERIES, VIKAS BHAVAN,
THIRUVANANTHAPURAM - 695 033.
SMT.RASHMI.K.M,SENIOR GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
03.04.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C) No.9643 of 2015
2
2025:KER:30172
P.M. MANOJ, J
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W.P.(C) No.9643 of 2015
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Dated this the 3rd day of April, 2025
JUDGMENT
The writ petition is preferred being aggrieved by Exts.P10 and P14 on the ground that the said orders are vitiated by doctrine of dictation, illegal, malafide, arbitrary and against the statutory mandates under Sections 32 and 65 of the Kerala Co-operative Societies Act and Rule 66 of the Kerala Co-operative Societies Rules, 1969.
2. It is the case of the petitioner that the MATSYAFED committee headed by the petitioner has assumed office on 17.12.2006. Thereafter, the committee undertook the construction of a headquarters building at a cost of ₹200 lakhs, for which administrative sanction had been accorded even prior to its assuming office. The tender for the construction was finalised. Subsequently, certain complaints were raised against the committee by rival factions, as per Exts.P1 to P4, and an enquiry was conducted. Ext.P6 enquiry report was submitted thereafter.
3. On the basis of Ext.P6 enquiry report, the committee was superseded. This action was challenged before this Court by W.P.(C) No.9643 of 2015 3 2025:KER:30172 filing W.P.(C) No.24401 of 2011. Upon considering the writ petition, the order of supersession was set aside. Being aggrieved by that Writ Appeal Nos.1936 of 2011 and 31 of 2012 were preferred against the judgment in W.P.(C) No.24401 of 2011. The writ appeal was partly allowed to the extent of finding of the learned single Judge with respect to violation of principles of natural justice and directed the authorities to take fresh steps under Section 32 of the Kerala Co-operative Societies Act. Accordingly, in compliance with Ext.P7, a fresh notice has been issued as per Ext.P8. Thereafter, Ext.P8 was replied by Ext.P10 and proceedings were initiated under Ext.P10, superseding the committee, on 31.01.2013. The petitioner had preferred an appeal against Ext.P10 as per Ext.P11, even that was rejected.
4. However, when the matter is taken up for consideration, the learned counsel for the petitioner brought my attention to a reported decision in Anil M.S. v. Joint Registrar (General) of Co-operative Societies, Tvm and Others [2021 (4) KHC 119], wherein it is categorically found by a Full Bench that when the Managing Committee does not actually exist the fact that proceedings initiated against for supersession, but could not be completed due to the expiry of prescribed term of committee, is W.P.(C) No.9643 of 2015 4 2025:KER:30172 not a ground to permit continuation of such proceedings for supersession against a non-existent committee.
In the case on hand, the committee assumed charge on 01.06.2011 and the committee is for a period of five years, which expired on 16.12.2011. Ext.P10 order was issued much after that. In the light of the findings of the Full Bench, it appears that Ext.P10 cannot be sustained. Accordingly, the writ petition is allowed and Ext.P10 and consequential orders are set aside.
Sd/-
P.M.MANOJ JUDGE sss W.P.(C) No.9643 of 2015 5 2025:KER:30172 APPENDIX OF WP(C) 9643/2015 PETITIONER EXHIBITS EXHIBIT P1 TRUE COPY OF THE COMPLAINT DATED 1/6/2011 FROM THE KERALA PRADESH MATSYA THOZHILALI CONGRESS (I) WITH THE ENDORSEMENT OF THE CHIEF MINISTER THEREON EXHIBIT P2 TRUE COPY OF THE COMPLAINT DATED 8/6/2011 FROM THEERADESA NETHRUVEDI STATE COMMITTEE TO THE 2ND RESPONDENT REGISTRAR OF FISHERIES EXHIBIT P3 TRUE COPY OF THE COMPLAINT DATED 24/6/2011 FROM R.AUSTINE GOMEZ BEFORE THE 2ND RESPONDENT EXHIBIT P4 TRUE COPY OF THE COMPLAINT DATED 27/7/2011 FROM THEERADESA NETHRUVEDI TO THE CHIEF MINISTER WITH THE ENDORSEMENT OF THE CHIEF MINISTER THEREON.
EXHIBIT P5 TRUE COPY FO THE COMMUNICATION NO.F3/9479/11 DATED 30/6/2011 FROM THE 2ND RESPONDENT TO THE JOINT DIRECTOR OF FISHERIES, THIRUVANANTHAPURAM EXHIBIT P6 TRUE COPY OF THE LETTER NO.F3/9479/11 DATED 27/7/2011 FROM THE 2ND RESPONDENT TO THE PETITIONER WITH ITS ENCLOSURE, THE ENQUIRY REPORT EXHIBIT P7 TRUE COPY OF THE COMMON JUDGMENT DATED 16/3/2012 IN WRIT APPEAL NOS.1936/2011 AND 31/2012.
EXHIBIT P8 TRUE COPY OF THE SHOW CAUSE NOTICE NO.F3/9479/2011 DATED 12/6/2012 ISSUED BY THE 2ND RESPONDENT EXHIBIT P9 TRUE COPY OF THE EXPLANATION DATED 28/6/2012 FILED BY THE PETITIONER TO EXT.P8 SHOW CAUSE NOTICE BEFORE THE 2ND RESPONDENT W.P.(C) No.9643 of 2015 6 2025:KER:30172 EXHIBIT P10 TRUE COPY OF THE ORDER NO.F3 17692/11 DATED 31/01/2013 OF THE 2ND RESPONDENT EXHIBIT P11 TRUE COPY OF THE APPEAL DATED 2/4/2013 FILED BY THE PETITIONER BEFORE THE 1ST RESPONDENT EXHIBIT P12 TRUE COPY OF THE HEARING NOTES DATED 12/8/2013 SUBMITTED BY THE PETITIOENR BEFORE THE 1ST RESPONDENT EXHIBIT P13 TRUE COPY OF THE SCHEDULE SHOWING THE ALLEGATIONS IN EXTS.P2 AND P3 COMPLAINTS, FINDINGS IN EXT.P6 ENQUIRY REPORTS, EXPLANATION OF THE PETITIONER IN EXT.P9 REPLY AND THE CHARGES LEVELLED IN EXT.P10 ORDER OF SUPERSESSION EXHIBIT P14 TRUE COPY OF THE G.O.(MS) NO.1045/2014/F&PD DATED 29/11/2014.