Kerala High Court
The Board Of Directors vs The Joint Registrar Of Co-Operative ... on 3 April, 2024
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE EASWARAN S.
WEDNESDAY, THE 3RD DAY OF APRIL 2024 / 14TH CHAITHRA, 1946
WP(C) NO. 1664 OF 2018
PETITIONER:
THE BOARD OF DIRECTORS
THE TRICHUR WHOLESALE CO-OPERATIVE CONSUMERS STORES
LTD NO. R. 239, M.O. ROAD, THRISSUR DISTRICT-680
001.REPRESENTED BY ITS PRESIDENT.
BY ADVS.
SRI.GEORGE POONTHOTTAM (SR.)
SMT.NISHA GEORGE
RESPONDENTS:
1 THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES
THRISSUR DISTRICT, PIN CODE-680 001.
2 KALLARA MADHU
PRIVATE SECRETARY TO THE MINISTER FOR CO-
OPERATION,2ND FLOOR, GOVERNMENT SECRETARIAT ANNEXE
II,THIRUVANANTHAPURAM-695 001
BY SR.GOVERNMENT PLEADER SRI.BIMAL K NATH
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
03.04.2024, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
WP(C) NO. 1664 OF 2018
2
JUDGMENT
The Writ Petition challenges Ext.P10 notice issued by
the Joint Registrar calling the petitioner to explain the pointed
issues raised therein. It is the contention of the petitioner
that, Ext.P10 has been issued based on the direction issued
by Sri.Kallara Madhu on 28.11.2017 (2 nd respondent herein),
who is the Private Secretary to the Minister for Co-operation,
Tourism and Devaswom. Ext.P11 is the letter issued by the 2 nd
respondent, based on which Ext.P10 notice has been issued
by the Joint Registrar.
2. I have heard the learned counsel for the petitioner
as well as the learned Government Pleader.
3. The petitioner contended that Ext.P10 is without
jurisdiction and it is purely under the dictates of the Private
Secretary to the Minister for Co-operation, which is
unsustainable. The learned Government Pleader on the other
hand points out that there are serious irregularities on which
the action was initiated and that the petitioner has been
called upon to explain the points raised in the notice and
therefore, there is no grievance for the petitioner to agitate
before this Court.
WP(C) NO. 1664 OF 2018
4. I have considered the rival submission raised
across the bar.
5. When this Court evaluates Ext.P10 notice, it is
clear that it is under the dictates of the 2 nd respondent and
the said direction is also brought on record by Ext.P11.
Therefore, it is explicitly clear that there has been no
independent application of mind by the Joint Registrar while
issuing Ext.P10 notice. Therefore, I am inclined to accept the
contention of the petitioner that Ext.P10 is without
jurisdiction. Accordingly, Ext.P10 is quashed.
6. However, setting aside of Ext.P10 will not prejudice
the cause and the Joint Registrar will be at liberty to proceed
in accordance with law, if the situation so warrants.
The Writ Petition is disposed of accordingly.
Sd/-EASWARAN.S
JUDGE
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WP(C) NO. 1664 OF 2018
APPENDIX OF WP(C) 1664/2018
PETITIONER EXHIBITS
EXHIBIT P1 TRUE COPY OF THE MINUTE'S BOOK
CONTAINING THE DECISION OF THE YEAR
1994.
EXHIBIT P2 TRUE COPY OF THE REQUEST SENT BY MR.
WILLIAMS DANIAL DATED NIL TO THE
PETITIONER SOCEITY.
EXHIBIT P3 TRUE COPY OF THE LETTER ISSUED TO THE
THRISSUR MUNICIPAL CORPORATION BY THE
MANAGING DIRECTOR OF THE STORE.
EXHIBIT P4 TRUE COPY OF THE PROCEEDINGS NO. R R8-
25930/2014 DATED 29.10.2014 ISSUED BY
THE ADDITIONAL SECRETARY, THRISSUR
MUNICIPAL CORPORATION.
EXHIBIT P5 TRUE COPY OF THE COMMUNICATION NO.
PH1/6255/15 ISSUED BY THE HEALTH
OFFICER OF THE CORPORATION DATED
26.03.2015
EXHIBIT P6 TRUE COPY OF THE REPLY/EXPLANATION
GIVEN BY THE MANAGING DIRECTOR OF THE
STORE TO THE SECRETARY OF THE
RESPONDENT MUNICIPAL CORPORATION.
EXHIBIT P7 TRUE COPY OF THE AGREEMENT DATED
23.03.2017 SUBMITTED BY THE PETITIONER
ALONG WITH COVERING LETTER.
EXHIBIT P8 TRUE COPY OF THE RECEIPTS EVIDENCING
THE PAYMENT OF RENT AND OTHER CHARGES.
EXHIBIT P9 TRUE COPY OF THE INTERIM ORDER DATED
11.12.2017 IN WPC NO. 26992/2017
PASSED BY THIS HON'BLE COURT.
EXHIBIT P10 TRUE COPY OF THE NOTICE BEARING NO. C
5. 9792/2017 DATED 23.12.2017 ISSUED
BY THE 1ST RESPONDENT.
EXHIBIT P11 TRUE COPY OF THE LETTER NO.
3652/2017/M(CO-OP/TSM/DEV) ISSUED BY
THE 2ND RESPONDENT DATED 28.11.2017.
EXHIBIT P12 TRUE COPY OF THE REPLY GIVEN BY THE
PETITIONER SOCIETY TO THE FIRST
RESPONDENT.
WP(C) NO. 1664 OF 2018
RESPONDENTS EXHIBITS: NIL
TRUE COPY
P.A TO JUDGE
LSN
