The Cochin Shipyard Staff ... vs The Registrar Of Co-Operative ...
2021 Latest Caselaw 16307 Ker

                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
              THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
    WEDNESDAY, THE 4TH DAY OF AUGUST 2021 / 13TH SRAVANA, 1943
                         WP(C) NO. 9458 OF 2018
PETITIONER:

          THE COCHIN SHIPYARD STAFF CO-OPERATIVE HOUSE
          CONSTRUCTION SOCIETY LTD.No.E.346
          COCHIN SHIPYARD LTD., COCHIN- 682 015
          REPRESENTED BY ITS SECRETARY

          BY ADVS.

          SRI.C.S.AJITH PRAKASH
          SRI.BIJITH S.KHAN
          SRI.M.BAIJU NOEL
          SRI.T.K.DEVARAJAN
          SRI.A.T.JOSE
          SRI.PAUL C THOMAS




RESPONDENTS:

    1     THE REGISTRAR OF CO-OPERATIVE SOCIETIES
          CO-OPERATIVE SOCIETY, POST OFFICE NO.185
          TRIVANDRUM- 695 001

    2     JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES (GENERAL),
          ERNAKULAM, CIVIL STATION,
          KAKKANAD- 682 001

    3     P.PRATHAPACHANDRAN
          (FORMER PRESIDENT OF THE PLAINTIFF SOCIETY)
          RESIDING AT GURUPREETHI,
          PONNURUNNI NURSERY SCHOOL ROAD,
          VYTTILA P.O. KOCHI- 682 019

    4     K.G.SOMARAJAN
          (FORMER SECRETARY OF THE PLAINTIFF SOCIETY)
          RESIDING AT A-204, SANTHI APARTMENT,
          KADAVANTHRA P.O., KOCHI- 682 020
 WP(C) NO. 9458 OF 2018

                              2



           BY ADVS.


           SRI.R.SANJITH
           SMT.C.S.SINDHU KRISHNAH
           SMT.MABLE.C.KURIAN, SR.GP

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 04.08.2021, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
 WP(C) NO. 9458 OF 2018

                                    3


                  P.V.KUNHIKRISHNAN, J.
                ========================
                   WP(C) NO. 9458 OF 2018
           ========================
     Dated this the 4th day of August, 2021

                              JUDGMENT

The above writ petition is filed with the following

prayers:

"i) To issue a writ of mandamus or any other appropriate writ or order or direction directing the 1st Respondent/Registrar of Co-operative Societies to call for the records of the ARC No.2/2016 (Ext.P7) from the Joint Registrar (General), Ernakulam and take up the ARC.No.2/2016 by himself for adjudication & dispose of the same with in a time frame fixed by this Hon'ble Court.

ii) To issue a writ or direction directing the Registrar of Co-operative Societies to dispose of any interlocutory application filed from either side in ARC.No.2/2016 within time frame decided by the Registrar.

iii) To issue appropriate direction to the Joint Registrar (General) directing to transmit the records of the ARC 2/2016, pending before the said Arbitrator to the Registrar of the Co-operative Society within a time frame filed by this Hon'ble Court.

iv) To issue such other writ or order or direction as this Hon'ble Court may be deem fit and proper in the fact and circumstances of the case or as may be prayed from time to time."

2. The main grievance of the petitioner is that the

amount involved in the ARC proceedings is about

Rs.1,70,00,000/-. Therefore, the petitioner apprehends that WP(C) NO. 9458 OF 2018

the 2nd respondent has no pecuniary jurisdiction to dispose

the ARC.

3. Today, the Government Pleader made available a

Circular No.11/2017 dated 23.01.2017 of the Registrar of

Co-operative Societies in which it is clearly stated that there

is no pecuniary limits for considering a petition under

Section 69 of the Kerala Co-operative Societies Act by the

Joint Registrar. In the light of the above Circular, the

counsel for the petitioner submitted that he is limiting his

prayer. According to him the present grievance is that the

ARC is pending before the 2nd respondent from 2016

onwards. The learned counsel submitted that there may be

a direction to dispose the ARC within a time limit. I also

heard the learned counsel for the respondent Nos.3 and 4

and the learned Government Pleader. After hearing both

sides, I think there can be a direction to the 2 nd respondent

to dispose ARC No.2/2016 within a time frame.

4. Therefore, this writ petition is disposed of in the

following manner:

The 2nd respondent will dispose ARC.No.2/2016 as WP(C) NO. 9458 OF 2018

expeditiously as possible, at any rate, within six months from

the date of receipt of a copy of this judgment.

Sd/-

P.V.KUNHIKRISHNAN JUDGE

SCS WP(C) NO. 9458 OF 2018

APPENDIX OF WP(C) 9458/2018

PETITIONER EXHIBITS

EXHIBIT P1 A TRUE COPY OF THE NOTICE RECEIVED FROM THE ADDITIONAL DIRECTOR OF INCOME TAX DATED 28-10-2009

EXHIBIT P2 A TRUE COPY OF THE LETTER DATED 17-02-

EXHIBIT P3 A TRUE COPY OF THE LETTER ISSUED BY THE ADDITIONAL DIRECTOR INCOME TAX (INU) TO THE CHAIRMAN CUM MANAGING DIRECTOR OF COCHIN SHIPYARD DATED 21-02-2011

EXHIBIT P4 A TRUE COPY OF THE LETTER FORWARDED BY THE CHIEF VIGILANCE OFFICER OF THE CSL LIMITED DATED 06-04-2011 TO THE SECRETARY OF THE CSL HOUSING CONSTRUCTION LIMITED

EXHIBITP5 A TRUE COPY OF THE COMPLAINT SUBMITTED BY THE SOCIETY DATED 18-04-2011 BEFORE THE SHO ERNAKULAM SOUTH POLICE STATION

EXHIBITP6 A TRUE COPY OF THE FINAL REPORT WITHOUT ITS ANNEXURE DATED 24-01-2015

EXHIBITP7 A TRUE COPY OF THE ARC PETITION NO.ARC 2/2016 FILED BEFORE THE REGISTRAR OF CO- OPERATIVE SOCIETIES TRIVANDRUM

EXHIBITP8 A TRUE COPY OF THE CIRCULAR NO.53/14 DATED 25-11-2018 ISSUED BY THE REGISTRAR OF CO-OPERATIVE SOCIETY

EXHIBITP9 A TRUE COPY OF THE JUDGMENT IN WPC NO.34495/2015 DATED 4-4-2017

EXHIBITP10 A TRUE COPY OF THE CIRCULAR NO.37/91 WP(C) NO. 9458 OF 2018

DATED 29-11-1991

EXHIBITP11 A TRUE COPY OF THE JUDGMENT DATED 22-11-

2017 WPC NO.34456/14