Sukumaran Nair vs State Of Kerala
2024 Latest Caselaw 10606 Ker

Kerala High Court

Sukumaran Nair vs State Of Kerala on 11 April, 2024

Author: Devan Ramachandran

Bench: Devan Ramachandran

                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
          THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
    THURSDAY, THE 11TH DAY OF APRIL 2024 / 22ND CHAITHRA, 1946
                        WP(C) NO. 12401 OF 2024
PETITIONER/S:

    1     SUKUMARAN NAIR
          AGED 63 YEARS
          VADAVOTTU VEEDU( REVATHY) THAZHUTHALA, KOTTIYAM, PIN -
          691571
    2     SREEKALA SUKUMARAN NAIR
          AGED 53 YEARS
          VADAVOTTU VEEDU( REVATHY) THAZHUTHALA, KOTTIYAM, PIN -
          691571
          BY ADVS.
          UNNI. K.K. (EZHUMATTOOR)
          PRAFIN JOSEPH ZACHARIA
RESPONDENT/S:

    1     STATE OF KERALA
          REPRESENTED BY SECRETARY TO GOVERNMENT, CO-OPERATIVE
          DEPARTMENT, GOVT. SECRETARIAT, THIRUVANANTHAPURAM, PIN
          - 695001
    2     THE REGISTRAR OF CO-OPERATIVE SOCIETIES
          OFFICE OF REGISTRAR OF CO-OPERATIVE SOCIETIES,
          THIRUVANANTHAPURAM, PIN - 695001
    3     THE JOINT REGISTRAR OF COOPERATIVE SOCIETIES (G)
          CIVIL STATION, KOLLAM, PIN - 691001
    4     ASST. REGISTRAR OF CO-OPERATIVE SOCIETIES
          OFFICE OF ASSISTANT REGISTRAR KOLLAM, PIN - 690101
    5     SPECIAL SALES OFFICER
          ADICHANALLOOR FARMERS SERVICE CO-OPERATIVE SOCIETY LTD
          NO.2609, OFFICE OF ASSISTANT REGISTRAR OF CO-OPERATIVE
          SOCIETIES, KOLLAM, PIN - 690101
    6     ADICHANALLOOR FARMERS SERVICE CO-OPERATIVE BANK LTD
          NO2609
          REPRESENTED BY ITS SECRETARY ADICHANALLOOR FARMERS
          SERVICE CO-OPERATIVE BANK LTD, ADICHANALLOOR P.O,
          KOLLAM, PIN - 691573
          SRI.ARUN BABU


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
11.04.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO.12401 OF 2024

                                          2

                                     JUDGMENT

The limited plea of the petitioners is that

respondents 5 and 6 be directed to afford them all

benefits under Exts.P11 and P12 circulars. They

assert that the proposed sale of their properties-

which is evident from Exts.P7 and P8-even before

the afore is done, is illegal and unlawful.

2. In response to the afore submissions of

Sri.Unni.K.K- the learned counsel for the

petitioners, the learned Standing Counsel for the

respondent Bank - Sri. Arun Babu, submitted that

the petitioners may not be entitled to any of the

benefits under Exts.P11 and P12; but that if they

are so inclined, his client is willing to hear

them and issue an appropriate order in terms of

law.

3. There can be little doubt that the

question whether the petitioners are entitled to

the benefits under the afore circulars, have to be

decided by the respondent Bank at the first

instance. It will not be possible for this Court

to make a declaration as sought for, while acting WP(C) NO.12401 OF 2024

under Article 226 of the Constitution, at least

before the Bank has taken a decision thereon.

4. In the afore circumstances, I allow this

writ petition and direct the competent Authority

of the Bank to hear the petitioners and issue them

an order as to whether they are entitled to any

benefits under Exts.P11 and P12 circulars; and if

so, to offer them the same appositely. This shall

be done, as expeditiously as possible, but not

later than two months from the date of receipt of

a copy of this judgment.

Needless to say, until such time the afore is

done and the resultant order communicated to the

petitioners, all further coercive actions pursuant

to Exts.P7 and P8 will stand deferred; but

clarifying that it can be taken forward

thereafter, depending upon the decision to be

taken in terms of the afore directions.

Sd/-

DEVAN RAMACHANDRAN JUDGE Mn WP(C) NO.12401 OF 2024

APPENDIX OF WP(C) 12401/2024

PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE DISCHARGE SUMMARY DATED 10.2.2021 ISSUED BY THE NS MEMORIAL INSTITUTE OF MEDICAL SCIENCES Exhibit P2 TRUE COPY OF THE DISCHARGE SUMMARY DATED 18.12.2021 ISSUED BY THE NS MEMORIAL INSTITUTE OF MEDICAL SCIENCES Exhibit P3 TRUE COPY OF THE DISCHARGE SUMMARY DATED 25.3.2022 ISSUED BY THE NS MEMORIAL INSTITUTE OF MEDICAL SCIENCES Exhibit P4 TRUE COPY OF THE DISCHARGE SUMMARY DATED 15.4.2022 ISSUED BY THE NS MEMORIAL INSTITUTE OF MEDICAL SCIENCES Exhibit P5 TRUE COPY OF THE DISCHARGE SUMMARY DATED 12.6.2022 ISSUED BY THE MEDICAL COLLEGE KOTTAYAM Exhibit P6 TRUE COPY OF THE DISCHARGE SUMMARY DATED 24.12.2023 ISSUED BY THE NS MEMORIAL INSTITUTE OF MEDICAL SCIENCES Exhibit P7 TRUE COPY OF THE AUCTION NOTICE DATED 16.2.2024 WITH REGARD TO AWARD NO.2903/2016 Exhibit P8 TRUE COPY OF THE AUCTION NOTICE DATED 16.2.2024 WITH REGARD TO AWARD NO.2904/2016 Exhibit P9 TRUE COPY OF THE APPLICATION DATED 19.3.2024 SUBMITTED TO THE 5TH AND 6TH RESPONDENT Exhibit P10 TRUE COPY OF THE APPLICATION DATED 20.3.2024 SUBMITTED TO THE 5TH AND 6TH RESPONDENT Exhibit P11 TRUE COPY OF THE CIRCULAR NO.9/2024 DATED 28.2.2024 Exhibit P12 TRUE COPY OF THE CIRCULAR NO.82/2013 DATED 3.1.2014