Kundara Ksheera Vyavasaya ... vs The District Collector
2021 Latest Caselaw 14727 Ker

          IN THE HIGH COURT OF KERALA AT ERNAKULAM
                           PRESENT
           THE HONOURABLE MR. JUSTICE SUNIL THOMAS
  WEDNESDAY, THE 14TH DAY OF JULY 2021 / 23RD ASHADHA, 1943
                   WP(C) NO. 3231 OF 2021
PETITIONERS:

    1     KUNDARA KSHEERA VYAVASAYA CO-OPERATIVE SOCIETY LTD.
          NO.Q88(D)
          KUNDARA P. O., KOLLAM DISTRICT., REPRESENTED BY ITS
          PRESIDENT JAYAKUMARAN UNNITHAN.

    2     THE MANAGING COMMITTEE OF THE KUNDARA KSHEERA
          VYAVASAYA CO-OPERATIVE SOCIETY LTD. NO.Q88(D)
          REPRESENTED BY ITS PRESIDENT, KUNDARA P. O., KOLLAM
          DISTRICT - 691 501.

          BY ADVS.
          R.MOHANA BABU
          SRI.M.AJITH (KARICODE)
          SRI.GRASHIOUS KURIAKOSE (SR.)

RESPONDENTS:

    1     THE DISTRICT COLLECTOR
          CIVIL STATION, KOLLAM - 691 013.

    2     THE TAHASILDHAR
          REVENUE RECOVERY, TALUK OFFICE, KOLLAM - 691 001.

    3     THE VILLAGE OFFICER
          MULAVAN VILLAGE OFFICE, KUNDARA P. O., KOLLAM - 691
          501.

    4     THE KERALA STATE CO-OPERATIVE EMPLOYEES PENSION
          BOARD
          P. B. NO.85, CHINMAYA LANE, KUNNUMPURAM,
          THIRUVANANTHAPURAM - 695 001., REPRESENTED BY ITS
          SECRETARY.

    5     K. S. RAJU
 WP(C) NO. 3231 OF 2021
                                     2

             S/O. K. P. SREEDHARAN, AKANAZHIKA, ELAMPALLOOR,
             KUNDARA P. O., KOLLAM - 691 501.

             BY ADVS.
             SRI.M.SASINDRAN
             SRI.T.R.HARIKUMAR
             SRI.ARJUN RAGHAVAN

OTHER PRESENT:

             SR.GP K.P HARISH,SC,SRI.M. SASINDRAN
      THIS    WRIT       PETITION   (CIVIL)   HAVING   COME    UP    FOR
ADMISSION     ON     14.07.2021,    THE   COURT   ON   THE    SAME   DAY
DELIVERED THE FOLLOWING:
 WP(C) NO. 3231 OF 2021
                                   3




                           JUDGMENT

Dated this the 14th day of July 2021

The petitioner has filed a memo seeking permission

to withdraw the writ petition. The reason stated is that

the petitioner was not in possession of few documents,

which they propose to file. Having considered this, I

am inclined to permit the petitioner to withdraw the

Writ Petition without prejudice to the right of the

petitioner to file a fresh petition, in accordance with

law.

The Writ Petition is dismissed as not pressed.

Sd/-

SUNIL THOMAS

JUDGE SKP/14-7 WP(C) NO. 3231 OF 2021

APPENDIX OF WP(C) 3231/2021 PETITIONER EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE JUDGMENT OF THIS HON'BLE COURT IN WP(C) 33009/2015 DATED 11.01.2017.

EXHIBIT P2 TRUE COPY OF THE ORDER IN IA 1460/2017 IN WP(C) 33009/2015 DATED 01.06.2017.

EXHIBIT P3 TRUE COPY OF THE JUDGMENT OF THIS HON'BLE COURT DATED 04.06.2019 IN WP(C) 11591/2019.

EXHIBIT P4 TRUE COPY OF SECTION 38 NOTICE DATED 25.06.2018 ISSUED BY 4TH RESPONDENT.

EXHIBIT P5 TRUE COPY OF THE AUDIT CERTIFICATE FOR 2015-16 DATED 17.10.2019 SHOWING THE AMOUNT REALIZABLE FROM THE 5TH RESPONDENT.

EXHIBIT P6 TRUE COPY OF THE MASS COMPLAINT DATED 08.11.2020 GIVEN BY SUPPLIERS.

EXHIBIT P7 TRUE COPY OF THE DECISION NO.70 OF THE SOCIETY DATED 25.07.2019.

EXHIBIT P8 TRUE COPY OF THE JUDGMENT IN COC 938/2020 IN WP(C) 11591/2019 DATED 30.09.2020 OF THIS HON'BLE COURT.

EXHIBIT P9 TRUE COPY OF THE WRITTEN SUBMISSION AND POSTAL RECEIPT SENT TO 4TH RESPONDENT BY PRESIDENT OF THE SOCIETY DATED 05.09.2019 IN THE LIGHT OF EXT.P3 JUDGMENT.

EXHIBIT P10 TRUE COPY OF THE SECTION 7 DEMAND NOTICE DATED 21.01.2021.

WP(C) NO. 3231 OF 2021

EXHIBIT P11 TRUE COPY OF THE INFORMATION GIVEN BY WIFE OF 5TH RESPONDENT DATED 31.08.2019 ALONG WITH ORDER OF THE GOVERNMENT CO- OPERATIVE DEPARTMENT DATED 24.11.2015.

EXHIBIT P12 TRUE COPY OF THE MEDICAL RECORDS OF THE PRESIDENT OF THE SOCIETY.

RESPONDENTS EXHIBITS: NIL

TRUE COPY P.A. TO JUDGE