Kerala High Court
Michael Samson vs The Executive Committee on 6 July, 2022
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
WEDNESDAY, THE 6TH DAY OF JULY 2022 / 15TH ASHADHA, 1944
WP(C) NO. 516 OF 2022
PETITIONER:
MICHAEL SAMSON, AGED 55 YEARS
S/O.BERNARD JOSEPH, ALAYIDATHU HOUSE, MANASSERI,
MUNDAMVELI P.O, KOCHI , EX-WORKER, MATSYAFED DISTRICT
OFFICE, ERNAKULAM
SRI.A.X.VARGHESE
SRI.A.V.JOJO
RESPONDENTS:
1 THE EXECUTIVE COMMITTEE
REPRESENTED BY CHAIRMAN, MATSYAFED, KAMALESWARAM,
MANAKKADU P.O, THIRUVANANTHAPURAM PIN 695 009
2 THE MANAGING DIRECTOR
MATSYAFED, THIRUVANANTHAPURAM 3
3 V.P SURENDRAN
DEPUTY GENERAL MANAGER (COMMERCIAL OPERATIONS)
INCHARGE, MATSYAFED, THIRUVANANTHAPURAM PIN 695 009
4 THE DISTRICT MANAGER
MATSYAFED DISTRICT OFFICE, ERNAKULAM, PIN 682 005
5 THE KERALA CO-OPERATIVE TRIBUNAL
JAWAHAR SAHAKARANA BHAVAN, VAZHUTHACAUD, POOJAPPURA RD,
DPI, THIRUVANANTHAPURAM PIN 695 014
SRI.T.P.PRADEEP
SMT.PARVATHY K (GP)
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
06.07.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 516 OF 2022
2
JUDGMENT
The short controversy in this case is whether Ext.P16
order had been issued by the Kerala Co-operative Tribunal,
Thiruvananthapuram (for short, the Tribunal), after validly
serving notice on the petitioner herein.
2. The petitioner asserts that the notice issued by the
Tribunal was to his erstwhile office address at the Kerala
State Co-Operative Federation For Fisheries Development
Ltd. (Matsyafed), where he earlier worked, but relieved by
the time the Revision Petition had been filed; and therefore,
that no service of notice had been done on him. On the other
hand, the Matsyafed takes the stand that notices were
issued to the petitioner's official and residential addresses
and also published in newspapers.
3. It is on record that the petitioner filed a Review
Petition against Ext.P16, which culminated in Ext.P17 order
of the Tribunal.
4. The Tribunal has taken the stand that notices were
issued to the petitioner, both in his residential and official
addresses and that it was also published, as affirmed by the
WP(C) NO. 516 OF 2022
Matsyafed.
5. However, going by the statements in Ext.P17, it is
clear that, originally, the notices were issued to the
petitioner in his official address at Ernakulam, from where he
had already been relieved; while his residential address was
shown to be at Thiruvananthapuram, in terms of the entries
in Ext.P14 - but it is on record that the petitioner has taken
a stand that this was in error and that he had moved an
application for its correction, which is still pending before
the Arbitration Court.
6. It is, therefore, more or less without doubt that the
petitioner was never served notice from the Tribunal.
7. I, therefore, put it to the learned standing counsel for
the respondent - Sri.T.P.Pradeep, to explain this aspect, to
which he submitted that if this Court is inclined to direct the
Tribunal to reconsider the matter, after hearing both sides,
he will not stand in the way of appropriate orders being
issued.
8. Sri.A.V.Jojo - learned counsel for the petitioner, in
response, submitted that his client is willing to appear before
the Tribunal for this purpose.
WP(C) NO. 516 OF 2022
9. Resultantly, I allow this writ petition and set aside
Exts.P16 and P17, clarifying that I have not entered into the
merits of the findings therein, but solely because it is unclear
whether the petitioner had been properly served; with a
consequential direction to the said Authority to reconsider
the Revision Petition filed by the Matsyafed, after hearing
both sides, thus culminating in an appropriate order thereon,
as expeditiously as is possible.
For the afore purpose, I direct the parties to mark
appearance before the Tribunal at 11 a.m. on 18.07.2022.
Sd/- DEVAN RAMACHANDRAN
JUDGE
stu
WP(C) NO. 516 OF 2022
APPENDIX OF WP(C) 516/2022
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE JUDGMENT DATED 16-07-
2009 IN W.P(C) NO. 33736/2006
Exhibit P2 TRUE COPY OF THE INTERIM ORDER DATED 18-
09-2009 IN W.A NO. 2068/2009
Exhibit P3 TRUE COPY OF THE ENQUIRY REPORT SUBMITTED
BY THE 3RD RESPONDENT DATED NIL
Exhibit P4 TRUE COPY OF THE LETTER NO. MATSYAFED/E2
3291/06 DATED 20-10-2009
Exhibit P5 TRUE COPY OF THE REPLY DATED 7-11-2009
Exhibit P6 TRUE COPY OF THE ORDER OF THE 2ND
RESPONDENT DATED 19-12-2009
Exhibit P7 TRUE COPY OF THE LETTER DATED 2-12-2009
Exhibit P8 TRUE COPY OF THE JUDGMENT DATED 29-1-2010
IN W.P(C) NO. 2872/2010
Exhibit P9 TRUE COPY OF THE ORDER NO.
MATSYAFED/E2/3291/06 DATED 18-10-2010
Exhibit P10 TRUE COPY OF THE JUDGMENT DATED 16-11-
2010 IN W.P(C) NO. 34092/2010
Exhibit P11 TRUE COPY OF THE APPEAL DATED 4-4-2011
Exhibit P12 TRUE COPY OF THE ORDER NO.
MATSYAFED/E2/3291/06 DATED 7-6-2011
Exhibit P13 TRUE COPY OF THE PETITION A.R.C 37/2011
DATED 28-07-2011
Exhibit P14 TRUE COPY OF THE AWARD DATED 12-2-2019 IN
WP(C) NO. 516 OF 2022
ARC 37/2011
Exhibit P15 TRUE COPY OF THE PROCEEDING SHEET IN R.P
101/2019
Exhibit P16 TRUE COPY OF THE ORDER DATED 29-09-2020
IN REVISION PETITION NO. 101/2019 OF THE
KERALA CO-OPERATIVE TRIBUNAL,
THIRUVANANTHAPURAM
Exhibit P17 TRUE COPY OF THE ORDER DATED 28-09-2021
IN REVIEW PETITION 11/2021 IN REVISION
PETITION NO. 101/2019
RESPONDENT EXHIBITS
Exhibit R1 A A TRUE COPY OF THE PAPER PUBLICATION IN
THE 'KERALA KAUMUDI MALAYALAM DAILY' ON
13.6.2020
