Kerala High Court
Benny.P.M, (Secretary) vs State Of Kerala on 13 March, 2023
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN
MONDAY, THE 13TH DAY OF MARCH 2023 / 22ND PHALGUNA, 1944
WP(C) NO. 8434 OF 2023
PETITIONER/S:
1 BENNY.P.M, (SECRETARY),
AGED 58 YEARS
S/O. MATHAI, PAYAM.P.O, NEDUMUNDA,
KANNUR (DT), PIN - 670704
2 LYSAMMA JOSEPH, (ASST. SECRETARY),
AGED 56 YEARS
D/O. JOSEPH, HOUSE NO. 22, HOUSING BOARD,
MUVATTUPUZHA. P.O, ERNAKULAM (DT), 686 66 1.
3 MATHEW.K.M, (SENIOR CLERK),
AGED 62 YEARS
S/O. MATHAI, KALLOOR HOUSE, ULIKKAL P.O,
KANNUR (DT),, PIN - 670705
4 REJI MATHEW (ACCOUNTANT),
AGED 51 YEARS
S/O. MATHAI, MECHERIKUNNEL HOUSE,
ANGADIKKADAVE. P.O, KANNUR (DT), PIN - 670706
5 MANU SEBASTIAN, (JUNIOR CLERK),
AGED 43 YEARS
S/O. JOY, ENNAMPRAYIL HOUSE, PAYAML P.O,
KANNUR (DT), 670704., PIN - 670704
6 JUBY JOSEPH, (DEPOT MANAGER)
AGED 46 YEARS
S/O. JOSEPH, MANNOOR HOUSE, ANGADIKADAVE P.O,
KANNUR (DT),, PIN - 670706
7 LATHIKA.K, (DEPOT MANAGER)
AGED 61 YEARS
D/O. K. MADHAVAN NAMBIAR, LATHIKALAYAM HOUSE,
PAYAM P.O, KANNUR (DT), PIN - 670704
8 RAJU.A.K, (SALES MAN )
AGED 58 YEARS
S/O. KUNHAMBU, AYKKODAN HOUSE,
MUNDAYAMPARAMBA.P.O, KANNUR (DT),, PIN - 670704
9 UPENDRAN.V.M (SENIOR CLERK)
AGED 60 YEARS
S/O. SANKARAN NAMBIAR, SWAPNAKOOD HOUSE,
KARA. P.O, KARAPEROOR, MATTANNUR,
KANNUR (DT),, PIN - 670702
WP(C) NO. 8434 OF 2023 ..2..
10 VINCENT.K.A. (ATTENDER)
AGED 46 YEARS
S/O. ANTONY, KANAYAMPLAKKAL HOUSE,
SREEKANDAPURAM. P.O, KOTTARVAYAL,
KANNUR (DT), PIN - 670631
11 GEORGE AUSTIN (ELECTRICAL SUPERVISOR)
AGED 49 YEARS
S/O. AUGUSTINE, VAZHAKKAMALAYIL HOUSE,
KOOMANTHODE. P.O,
KARIKKOTTAKARY KANNUR (DT),, PIN - 670704
12 JOSE.P.J, (HELPER / DRIVER),
AGED 56 YEARS
S/O. JOSEPH, PATHUPPALLIL HOUSE,
PAYAM. P.O, KANNUR (DT),, PIN - 670704
13 K.V. PRABHAKARAN, (JUNIOR CLERK)
AGED 53 YEARS
S/O. NARAYANAN, BHAVITHALAYAM HOUSE,
PUNNAD. P.O, KANNUR (DT),, PIN - 670703
14 SHAJU.O.V, (DEPOT MANAGER)
AGED 50 YEARS
S/O. VARKEY, OZHAKKAMATT HOUSE,
MANIKKADAVE. P.O, KANNUR (DT),, PIN - 670705
15 RAJEESH.V.K, (ATTENDER),
AGED 42 YEARS
S/O. BHASKARAN.M REKHA NIVAS, IRITTY .P.O,
KANNUR (DT),, PIN - 670703
16 ROYES JAMES, (DEPORT MANAGER)
AGED 48 YEARS
S/O. CHACKO ENNAMPRAYIL HOUSE,
PAYAM. P.O, KANNUR (DT),, PIN - 670704
17 S.J.MANI, (DEPORT MANAGER),
AGED 50 YEARS
S/O. JOSEPH, SOURIAMTHADATHIL HOUSE,
CHARAL P.O, KANNUR (DT), PIN - 670706
18 ELIKUTTY, (DRIVER),
AGED 59 YEARS
W/O. LATE. JAMES MATHEW, VAZHAPARAMBIL HOUSE,
KANICHAR. P.O, KANNUR (DT),, PIN - 670674
19 KAMALA.E. (SWEEPER),
AGED 62 YEARS
W/O. LATE RAGHAVAN, PARAPPIL HOUSE,
BLATHUR. P.O, KANNUR (DT),, PIN - 670705
WP(C) NO. 8434 OF 2023 ..3..
BY ADVS.
CIBI THOMAS
G.KRISHNAKUMARI
ANSIA K.A.
RESPONDENT/S:
1 STATE OF KERALA
REP BY SECRETARY TO THE GOVERNMENT,
CO-OPERATION DEPARTMENT, SECRETARIAT,
THIRUVANANTHAPURAM (DT), PIN - 695001
2 THE REGISTRAR OF CO-OPERATIVE SOCIETIES,
OFFICE OF THE REGISTRAR OF CO-OPERATIVE SOCIETIES,
STATUE, THIRUVANANTHAPURAM (DT), PIN - 695001
3 THE JOINT REGISTRAR (GENERAL) CO-OPERATIVE
SOCIETIES,
OFFICE OF THE JOINT REGISTRAR (GENERAL),
CO-OPERATIVE SOCIETIES, KANNUR, PIN - 670001
4 THALASSERY TALUK RUBBER AND AGRICULTURAL MARKETING
CO-OPERATIVE SOCIETY LTD.,
IRITTY, KANNUR DISTRICT, UNDER LIQUIDATION,
REPRESENTED BY THE LIQUIDATOR,
OFFICE OF THE ASSISTANT REGISTRAR OF CO-OPERATIVE
SOCIETIES, PUNNAD, IRITTY, KANNUR, PIN - 670703
5 THE LIQUIDATOR,
THALASSERY TALUK RUBBER AND AGRICULTURAL MARKETING
CO-OPERATIVE SOCIETY LTD., IRITTY,
OFFICE OF THE ASSISTANT REGISTRAR OF CO-OPERATIVE
SOCIETIES, PUNNAD, IRITTY, KANNUR, PIN - 670703
R BY SR.GP SRI.SUNILKUMAR KURIAKOSE
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 13.03.2023, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
WP(C) NO. 8434 OF 2023 ..4..
JUDGMENT
The petitioners 1 to 17 and the husbands of
petitioners 18 and 19 were the employees of the 4 th
respondent Society for various spells in various posts. The
Society was liquidated as per the provisions of the Kerala
Co-operative Societies Act, 1969 (the 'Act' for short), and
the 5th respondent was appointed as the Liquidator w.e.f.
22.03.2013. According to the petitioners, the Society has
various properties including 13 ½ cents of landed property
with a head office and godown at Iritty Town. It is stated
that, some of the petitioners as well as creditors of the
Society approached this Hon'ble Court for arrears of
salary and other benefits and this Court issued directions
to the liquidator to sell out the properties and clear the
liabilities of the Society and consequently it was decided
WP(C) NO. 8434 OF 2023 ..5..
to sell the 13 ½ cents of property with building and
godown at Iritty Town by way of public auction on
13.12.2022 at 2 pm and in the auction conducted on
13.12.2022, the property along with building and godown
is purchased by the Punnad Service Co-operative Bank
Ltd., for a consideration of Rs. 5,00,66,000/- (Rupees Five
Crores and Sixty six thousand). It is stated that pursuant
thereto, the liquidator is taking steps to clear the liabilities
of the Society. However, the petitioners apprehend that
their claim would not be considered by the 5 th respondent
with due priority. Accordingly, the petitioners seek
direction to the 5th respondent to consider the petitioners'
claim and take appropriate action on Ext. P3
representation.
2. Heard the learned Counsel for the petitioners and
the learned Senior Government Pleader.
WP(C) NO. 8434 OF 2023 ..6..
3. Sri. Cibi Thomas, the learned Counsel for the
petitioners submits that, before the initiation of the
proceedings under Sections 71 and 72 of the Act, some of
the petitioners had approached this Court with a prayer to
direct the 4th respondent Society to pay the amounts due
to them by way of salary, pension, DCRG, Provident Fund
etc., and this Court by Ext. P1 judgment directed the
Society to take into account its liabilities towards the
petitioners giving the statutory preference that they are
otherwise entitled to, and the 5 th respondent is bound to
follow the directions contained therein.
4. In the facts and circumstances of the case and the
submissions made by Counsel, there will be a direction to
the 5th respondent to consider the claim of the petitioners
in Ext.P3 representation in the light of the directions in
Ext. P1 judgment and in accordance with law, within a
WP(C) NO. 8434 OF 2023 ..7..
period of two months from the date of receipt of a copy of
this judgment. The order shall be communicated to the
petitioners without delay.
The writ petition is disposed of with the above
directions.
Sd/-
MURALI PURUSHOTHAMAN
JUDGE
SB
WP(C) NO. 8434 OF 2023 ..8..
APPENDIX OF WP(C) 8434/2023
PETITIONER EXHIBITS
Exhibit1 TRUE COPY OF THE JUDGMENT DATED 11.06.2009 IN
WP(C) NO. 13466/2009 OF THIS HON'BLE COURT.
Exhibit P2 TRUE COPY OF THE REPRESENTATION DATED
22.02.2023 SUBMITTED BY THE PETITIONERS BEFORE
THE 3RD RESPONDENT.
Exhibit P3 TRUE COPY OF THE REPRESENTATION DATED
22.02.2023 SUBMITTED BY THE PETITIONERS BEFORE
THE 5TH RESPONDENT
