Kerala High Court
Sajeev K.P vs State Of Kerala on 1 October, 2021
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
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
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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