Dr.Ramesh Babu vs The Registrar Of Co-Operative ...
2021 Latest Caselaw 6607 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                  PRESENT

               THE HONOURABLE MR. JUSTICE SUNIL THOMAS

  WEDNESDAY, THE 24TH DAY OF FEBRUARY 2021 / 5TH PHALGUNA, 1942

                       WP(C).No.4867 OF 2021(G)


PETITIONER:

               DR.RAMESH BABU
               AGED 63 YEARS
               S/O.LATE DR.M.P.SREEDHARAN NAIR, MEMBERSHIP NO.149,
               THE KAIRALI CO-OPERATIVE HOUSING SOCIETY LTD.,
               RESIDING AT FLAT NO.31 OF KAIRALI APARTMENTS,
               PANAMPILLY NAGAR, ERNAKULAM-682 036.
               BY DR.RAMESH BABU(PARTY IN PERSON)

RESPONDENTS:

      1        THE REGISTRAR OF CO-OPERATIVE SOCIETIES
               OFFICE OF THE REGISTRAR OF CO-OPERATIVE SOCIETIES,
               JAWAHAR SAHAKARANA BHAVAN,
               THYCAUD P.O., JAGATHY, TRIVANDRUM-695 001.

      2        THE KAIRALI CO-OPERATIVE HOUSING SOCIETY LTD.,
               REPRESENTED BY ITS SECRETARY AND BOARD OF DIRECTORS,
               KAIRALI APARTMENTS,
               PANAMPILLY NAGAR, KOCHI-682 036.

      3        MR.GEORGE P.KORAH,
               MEMBERSHIP NO.32, RESIDING AT FLAT NO.86, KAIRALI
               APARTMENTS, PANAMPILLY NAGAR,
               KOCHI-682 036.

      4        MR.BABU ABRAHAM,
               MEMBERSHIP NO.44, RESIDING AT FLAT NO.32, KAIRALI
               APARTMENTS, PANAMPILLY NAGAR,
               KOCHI-682 036.

      5        THE STATE OF KERALA,
               REPRESENTED BY ITS SECRETARY,
               MINISTRY OF CO-OPERATION, SECRETARIAT,
               THIRUVANANTHAPURAM-695 001.


OTHER PRESENT:

               SR.GP K.P HARISH

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
24.02.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 W.P(C).4867 of 2021




                               JUDGMENT

Petitioner-in-person challenges the convening of Annual General

Meeting of the Kairali Housing Co-operative Society Ltd. According to

the petitioner, he has initiated various proceedings against the Director

Board of housing cooperative society alleging mismanagement and

misappropriation. Pursuant to that, Writ Petition was also filed before

this Court requesting for an enquiry by the Registrar of Co-operative

Society. The enquiry is going on. In the meanwhile, Annual General

Meeting is proposed to be held on 28.02.2021. Agenda include a

proposal to remove the petitioner on an allegation that, he has acted

contrary to the interest of the society.

2. Petitioner-in-person vehemently contended that the only

reason for including such an item in the agenda is the enemity which

the persons at the helm of society maintained against the petitioner for

initiating action against them for the mismanagement and misdeeds

committed by them. They are trying to expel the petitioner from the

society before the report is submitted, so as to scuttle the enquiry. It is

also contended that, petitioner is not given an opportunity of being

heard.

3. Petitioner was not able to establish that the meeting

convened is in any manner contrary to any of the provisions of the

bye-law. It is true that, at the instance of the petitioner, enquiry has W.P(C).4867 of 2021

been ordered. Ultimately, whether the agenda to remove the petitioner

is to be pursued or not is within the domain of the persons who

proposed it and whether that item is to be considered and whether any

decision is to be taken depends on the will of the general meeting. I am

not inclined to interfere with the convening of the meeting and

members taking independent decision on the issue. Ultimately, the will

of the general body has to prevail. Accordingly, I am not inclined to

grant any relief.

Writ Petition fails and is dismissed without prejudice to the right of

the petitioner to challenge, if any adverse decision is taken.

Sd/-

                                                 SUNIL THOMAS

Sbna                                                 JUDGE
 W.P(C).4867 of 2021



                           APPENDIX
PETITIONER'S/S EXHIBITS:

EXHIBIT P1            TRUE COPY OF ORDER OF HON.HIGH COURT DATED
                      04.04.2019 IN WPC 9704 OF 2019.

EXHIBIT P2            TRUE COPY OF LETTER FROM REGISTRAR OF CO-

OPERATIVE SOCIETIES (ADMIN) NO.HV(1) 99955/19 DATED 04.05.19 STATING ABOUT CORRUPTION IN THE SOCIETY.

EXHIBIT P3 TRUE COPY OF THE ORDER OF HON.HIGH COURT DATED 03.03.20 IN WPC 22932 OF 2019.

EXHIBIT P4 TRUE COPY OF ENQUIRY ORDER NO.HV(1) 489/20 DATED 07.05.2020 FROM REGISTRAR OF CO-

OPERATIVE SOCIETIES.

EXHIBIT P5 TRUE COPY OF LETTER FROM DEPUTY REGISTRAR OF CO-OPERATIVE SOCIETIES (ADMN) NO.HV(1) 6323/2020 DATED 25.11.2020 ALSO MENTIONING THAT CORRUPTION TOOK PLACE IN THE SOCIETY.

EXHIBIT P6 TRUE COPY OF LETTER FROM ADDL.REGISTRAR OF CO-OPERATIVE SOCIETIES (ADMN)NO.HV(1) 6323/2020 DATED 17.12.2020 ALSO MENTIONING THAT CORRUPTION TOOK PLACE IN THE SOCIETY.

EXHIBIT P7 TRUE COPY OF LETTER TO PUBLIC INFORMATION OFFICER, REG. OF CO-OP SOCIETIES DATED 28.01.2021 FROM THE PETITIONER.

EXHIBIT P8 TRUE COPY OF LETTER TO PUBLIC INFORMATION OFFICER, REG. OF CO-OP. SOCIETIES DATED 11.02.2021 FROM THE PETITIONER.

EXHIBIT P9 TRUE COPY OF THE NOTICE OF AGM OF KAIRALI CO OPERATIVE HOUSING SOCIETY 20.09.2019.

EXHIBIT P10 TRUE COPY OF MINUTES OF AGM OF KAIRALI CO-

OPERATIVE HOUSING SOCIETY LTD. ON 6TH OCT 2019.

EXHIBIT P11 TRUE COPY OF THE NOTICE OF AGM OF KAIRALI CO OPERATIVE HOUSING SOCIETY DATED 12.02.2021.

EXHIBIT P12 TRUE COPY OF THE WORKING REPORT DATED 12.02.2021 BY THE SECRETARY ALONG WITH THE NOTICE TO AGM.

W.P(C).4867 of 2021

EXHIBIT P13 LETTER TO THE SECRETARY KAIRALI CO OPERATIVE HOUSING SOCIETY DATED 16.02.2021.

EXHIBIT P14 LETTER TO THE REGISTRAR OF CO-OPERATIVE SOCIETIES DATED 17.02.2021.