IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE SATHISH NINAN
FRIDAY, THE 1ST DAY OF OCTOBER 2021 / 9TH ASWINA, 1943
WP(C) NO. 20145 OF 2021
PETITIONER:
SAJEEV K.P
AGED 59 YEARS
S/O. PADMANABHAN K.K., PRESIDENT, RUBBER BOARD EMPLOYEES
CO-OPERATIVE SOCIETY, NO.4377, RUBBER BOARD P.O., KOTTAYAM,
686009, RESIDING AT KAICHIRA, GREEN VALLEY, RUBBER BOARD
P.O., KOTTAYAM-686009.
BY ADVS.
D.KISHORE
MEERA GOPINATH
R.MURALEEKRISHNAN (MALAKKARA)
ARYA JOSEPH
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY SECRETARY TO THE CO-OPERATIVE DEPARTMENT,
GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM -695001.
2 JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES (GENERAL),
OFFICE OF THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES,
CIVIL STATION P.O., KOTTAYAM-686002.
3 THE UNIT INSPECTOR,
KUMARANALLOOR UNIT, OFFICE OF THE ASSISTANT REGISTRAR OF
CO-OPERATIVE SOCIETIES, KOTTAYAM-686002.
4 THE RUBBER BOARD EMPLOYEES CO-OPERATIVE HOUSING SOCIETY
NO.4377,
REPRESENTED BY ITS SECRETARY, RUBBER BOARD P.O., KOTTAYAM-
686002.
5 VEERAPUTHRAN,
AGED 54 YEARS
S/O. SUBRAMANIAN, SCIENTIST B, ECONOMIC RESEARCH DIVISION,
RRII, RUBBER BOARD P.O., KOTTAYAM-686009, RESIDING AT ATR
NO.4/6, RRII CAMPUS, RUBBER BOARD P.O., KOTTAYAM-686009.
6 BOBAN MATHAI,
AGED 60 YEARS
S/O. K.J.MATHAI, RESIDING AT KUTHIRAVELIL HOUSE, NEAR
BISHOP HOUSE, CHANGANACHERRY P.O., KOTTAYAM-686101.
WP(C) NO. 20145 OF 2021 -2-
7 M.SREELATHA,
AGED 62 YEARS
W/O. K.S.VENUGOPAL, RESIDING AT KUNNATHU HOUSE,
THIRUNAKKARA NORTH P.O., KOTTAYAM-686001.
8 RAVEENDRAN NAIR P.V.,
AGED 62 YEARS
S/O. BHASKARAN PILLAI L., RESIDING AT REVATHY, RUBI NAGAR,
MANGALAM P.O., KOTTAYAM-686018.
9 M.N.OMANAKUMAR,
AGED 61 YEARS
S/O. V.N.NARAYANA PILLAI, RESIDING AT CHAITHANYA,
PILAPUZHA, HARIPAD-690514.
BY SRI.BIMAL K. NATH, SR. GOVT. PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
01.10.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
SATHISH NINAN, J.
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W. P. (C) No.20145 of 2021
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Dated this the 1st day of October, 2021
J U D G M E N T
The petitioner is the President of the 4 th respondent Society. The Society is formed for the purpose of providing housing facilities to its members. There arose dispute between the members regarding the manner of apportionment of development charges with regard to common area of the land in a housing scheme. The rival groups approached the Joint Registrar raising the dispute. The Joint Registrar passed Exts.P3 and P3(a) orders. Challenging the same, respondents 5 to 9 filed appeal before the first respondent.
2. The appeal was disposed of as per Ext.P6 order. Therein, the first respondent directed initiation of proceedings in terms of Section 65/66 of the Co- operative Societies Act and also directed the Joint Registrar for consideration of the possibility of W. P. (C) No.20145 of 2021 -: 2 :- initiation of proceedings under Section 32 of the Act. Pursuant to Ext.P6, the first respondent Joint Registrar issued Ext.P7 ordering inspection under Section 66 of the Act. Aggrieved by the same, the petitioner has approached this Court.
3. The law that, proceedings under Section 65/66 of the Act is to be initiated on the subjective satisfaction arrived at by the Registrar and not on dictation, is well settled. The case at hand is apparently in violation of the same.
4. When the matter is taken up for consideration today, the learned Government Pleader on instructions submits that, Ext.P7 order is being withdrawn without prejudice to the right to initiate fresh proceedings. The same is recorded. Ext.P7 is permitted to be withdrawn without prejudice. As regards the direction in paragraph 8 of Ext.P6 order to initiate proceedings under Section 65/66 and under Section 32 of the Act, there is no quarrel that there could not have been such W. P. (C) No.20145 of 2021 -: 3 :- direction. Accordingly, the said directions in Ext.P6, as contained in paragraph 8 thereto, are quashed. It is clarified that the above is without prejudice to the rights to initiate fresh proceedings in accordance with law. Needless to say that, the right of the petitioner to move afresh if circumstances warrant, remains intact.
Writ Petition is disposed of as above.
Sd/-
SATHISH NINAN JUDGE kns/-
//True Copy// P.S. to Judge APPENDIX OF WP(C) 20145/2021 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE SALE DEED NO.425/2015 DATED 28.2.2015 OF THE ADDITIONAL SRO, KOTTAYAM.
Exhibit P2 TRUE COPY OF THE SALE DEED NO.1514/I/20 DATED 19.10.2020 OF THE ADDITIONAL SUB REGISTRAR OFFICE, KOTTAYAM EXECUTED IN FAVOUR OF BIJUMON N. (ONE OF THE BENEFICIARIES). Exhibit P3 TRUE COPY OF THE ORDER NO.HM/440/2020 DATED 25.2.2020 PASSED BY THE 2ND RESPONDENT. Exhibit P3(A) TRUE COPY OF THE ORDER HM/440/2020 DATED 27.2.2020 PASSED BY THE 2ND RESPONDENT. Exhibit P4 TRUE COPY OF THE JUDGMENT DATED 29.1.2021 IN WP(C) 28282/2020 OF THIS HONOURABLE COURT. Exhibit P5 TRUE COPY OF THE NOTICE DATED 28.4.2021 ISSUED BY THE 2ND RESPONDENT CONVENING THE MEETING OF THE BENEFICIARIES ON 30.4.2021 AT 10.30 AM.
Exhibit P5(A) TRUE COPY OF THE NOTICE DATED 28.4.2021 ISSUED BY THE 2ND RESPONDENT CONVENING THE MEETING OF THE BENEFICIARIES ON 30.4.2021 AT 12.00 PM.
Exhibit P5(B) TRUE COPY OF THE NOTICE DATED 28.4.2021 ISSUED BY THE 2ND RESPONDENT CONVENING THE MEETING OF THE BENEFICIARIES ON 3.5.2021 AT 10.30.AM.
Exhibit P5(C) TRUE COPY OF THE NOTICE DATED 28.4.2021 ISSUED BY THE 2ND RESPONDENT CONVENING THE MEETING OF THE BENEFICIARIES ON 3.5.2021 AT 12.00 PM.
Exhibit P6 TRUE COPY OF THE G.O.(MS) NO.470/2021/CO-OP.
DATED 4.8.2021 OF THE 1ST RESPONDENT. Exhibit P7 TRUE COPY OF THE ORDER NO.HM 440/2020 DATED 26.8.2021 ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER DIRECTING INSPECTION UNDER SECTION 66 OF THE KCS ACT.
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