Kerala High Court
Thachanattukara Rural ... vs State Of Kerala on 2 November, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
TUESDAY, THE 2ND DAY OF NOVEMBER 2021 / 11TH KARTHIKA, 1943
WP(C) NO. 26813 OF 2020
PETITIONER:
THACHANATTUKARA RURAL CO-OPERATIVE SOCIETY LTD.NO.P.1395
KODAKKAD P. O., MANNARKKAD - 678583, PALAKKAD DISTRICT,
REPRESENTED BY ITS PRESIDENT K. MADHUSOODANAN.
BY ADVS.
P.R.VENKATESH
SRI.G.KEERTHIVAS
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY THE SECRETARY, DEPARTMENT OF CO-OPERATION,
SECRETARIAT, THIRUVANANTHAPURAM - 695 001.
2 REGISTRAR
CO-OPERATIVE SOCIETIES, THIRUVANANTHAPURAM - 695 001.
3 JOINT REGISTRAR
CO-OPERATIVE SOCIETIES (GENERAL), PALAKKAD - 678 001.
4 ASSISTANT REGISTRAR (GENERAL)
MANNARKKAD, PALAKKAD DISTRICT - 678 010.
BY SRI.RAJEEV JYOTHISH GEORGE-SR.GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 02.11.2021,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 26813 OF 2020
2
JUDGMENT
The singular request of the petitioner - Co-operative Society is
essentially that the Government give them exemption under Section
101 of the Kerala Co-operative Societies Act (hereinafter referred to
as 'the Act' for short) and Rule 181 of the Kerala Co-operative
Societies Rules, in the same manner as has been granted to various
other Co-operative Societies. They say that G.O.(P)No.101/2019/Co-
op dated 23.09.2019 is one such order, granting benefit to another
Society; but that they have been denied such benefit through
Ext.P12, which was, in fact, issued five days prior to the said order.
They point out that, as per Ext.P11 order of this Court in another writ
petition filed by themselves, the Government was directed to take
note of the Government Order dated 23.09.2019 and to issue
appropriate orders. The petitioner, thus prays that the Government
be directed to reconsider Ext.P8 request, adverting to the
aforementioned Government Order dated 23.09.2019.
2. The learned Senior Government Pleader - Sri.Rajeev
Jyothish George, in response, submitted that, as is evident from
Ext.P12, the claim of the petitioner, as made in Ext.P8, was
specifically and carefully analyzed and specific reasons have been
WP(C) NO. 26813 OF 2020
given as to why temporary employees cannot be permitted to be
regularized under the mandate of Section 101 of the Act. He,
however, added that if this Court is so inclined, the Government is
willing to reconsider the matter, taking note of the aforementioned
Government Order dated 23.09.2019; but prayed that no affirmative
declarations be made in favour of the petitioner, since their
entitlement to any benefit will depend upon various factual and
germane circumstances to be evaluated by the competent Authority.
3. When I consider the afore submissions, there can be little
doubt that if identically placed Societies have been granted benefit
as claimed by the petitioner through Ext.P8, then their case also
must deserve to be considered on such lines.
4. Obviously, therefore, when the petitioner says that the
aforementioned Government Order dated 23.09.2019 was issued with
respect to another Co-operative Society, while their representation
was dismissed through Ext.P12 few days earlier, I am of the view that
the matter must certainly re-engage the mind of the competent
Authority.
In the afore circumstances but without affirmatively saying that
the petitioner is entitled to any relief, I order this writ petition and
set aside Ext.P12; with a consequential direction to the competent
WP(C) NO. 26813 OF 2020
Authority of the Government to reconsider Ext.P8 request of the
petitioner, adverting to aforementioned Government Order dated
23.09.2019 and after affording them a further hearing of
opportunity of being heard; thus culminating in a new order thereon,
as expeditiously as is possible but not later than three months from
the date of receipt of a copy of this judgment.
Needless to say, I have not assessed the claims of the petitioner
on its merits and all their contentions are left open to be pursued and
to be decided by the competent Authority, when the afore exercise is
completed.
SD/-
DEVAN RAMACHANDRAN
JUDGE
rp
WP(C) NO. 26813 OF 2020
APPENDIX OF WP(C) 26813/2020
PETITIONER EXHIBITS
EXHIBIT P1 TRUE COPY OF THE REGISTRATION CERTIFICATE ALONG
WITH BYELAWS AND THE CATEGORICAL STATEMENT.
EXHIBIT P2 TRUE COPY OF THE REPRESENTATION DATED 25.06.2018
FILED BY THE PETITIONER BEFORE THE JOINT REGISTRAR,
PALAKKAD.
EXHIBIT P3 TRUE COPY OF THE REPRESENTATION SUBMITTED ON
11.08.2017 BY THE PETITIONER BEFORE THE JOINT
REGISTRAR (GENERAL).
EXHIBIT P4 TRUE COPY OF THE ORDER DATED 10.08.2016 OF THE
JOINT REGISTRAR, PALAKKAD.
EXHIBIT P5 TRUE COPY OF THE PROCEEDINGS DATED 27.10.2018
ISSUED BY THE JOINT REGISTRAR OF CO-OPERATIVE
SOCIETY, PALAKKAD.
EXHIBIT P6 TRUE COPY OF THE CIRCULAR NO.34/2018 DATED
22.06.2018 BEARING NO.RCS/4479/2018/EM(5) ISSUED BY
THE REGISTRAR OF CO-OPERATIVE SOCIETIES.
EXHIBIT P7 TRUE COPY OF THE CIRCULAR NO.8/2015 DATED
28.01.2015 ISSUED BY THE GOVERNMENT.
EXHIBIT P8 TRUE COPY OF THE REPRESENTATION DATED 17.10.2019
FILED BY THE PETITIONER.
EXHIBIT P9 TRUE COPY OF THE ORDER OF THE JOINT REGISTRAR,
PALAKKAD DATED 14.01.2020.
EXHIBIT P10 TRUE COPY OF THE GOVERNMENT ORDER SRO NO.704/2019
DATED 23.09.2019.
EXHIBIT P11 TRUE COPY OF THE SAID ORDER DATED 30.09.2020 IN
R.P.NO.590/2020.
EXHIBIT P12 TRUE COPY OF ORDER DATED 19.09.2020 OF THE
GOVERNMENT.
WP(C) NO. 26813 OF 2020
EXHIBIT P13 TRUE COPY OF THE JUDGMENT DATED 19.8.2019 PASSED BY
THIS HON'BLE COURT IN WPC NO-42497 OF 2018
Exhibit P14 TRUE COPY OF THE SAID PROCEEDINGS DATED 5.2.2021 OF
THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES,
PALAKKAD.
Exhibit P15 TRUE COPY OF THE CIRCULAR DATED 7.1.2021 ISSUED BY
THE REGISTRAR OF CO-OPERATIVE SOCIETIES.
Exhibit P16 TRUE COPY OF THE APPOINTMENT LETTER DATED 27.2.2021
ISSUED BY THE SOCIETY.
Exhibit P17 TRUE COPY OF THE SAID APPOINTMENT LETTER DATED
27.2.2021 ISSUED BY THE SOCIETY.
