Kerala High Court
Sasikumar vs State Of Kerala on 4 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 4TH DAY OF APRIL 2024 / 15TH CHAITHRA, 1946
WP(C) NO. 11723 OF 2024
PETITIONERS:
1 SASIKUMAR
AGED 60 YEARS, S/O NALLATHAMBI,
KAVUVILA, AMARAVILA P.O, NEYYATTINKARA,
THIRUVANANTHAPURAM, PIN - 695122
2 GNADAS
AGED 61 YEARS, S/O JANROAD,
KUZJCHANI PARAKIMAVILA PUTTANVEEDU,
AMARAVILA P.O NEYYATTINKARA,
THIRUVANANTHAPURAM, PIN - 695122
3 JOHN
AGED 61 YEARS, S/O NESAMONY, MARTTANDAM
KALATHOPPU, PAZHAYAKADA P.O. NEYYATTINKARA,
THIRUVANANTHAPURAM, PIN - 695133
4 SREEDHARAN
AGED 61 YEARS, S/O NANU, NEDUMANVILA,
VLATHANKARA P.O., NEYYATTINKARA,
THIRUVANANTHAPURAM, PIN - 695134
5 BRIGHTLY
AGED 62 YEARS, S/O PALAYYAN, NEDUVANVILA,
VLATHANKARA P.O., NEYYATTINKARA,
THIRUVANANTHAPURAM, PIN - 695134
6 MOHANAN
AGED 61 YEARS, S/O VALANGAMURI, KUZIYANVILA,
NEYYATTINKARA P.O., NEYYATTINKARA,
THIRUVANANTHAPURAM, PIN - 695121
7 VIJAYAN
AGED 62 YEARS, S/O STEPHONOSE,
KADAVATTARAM, KUZIYANVILA,
NEYYATTINKARA P.O., NEYYATTINKARA,
THIRUVANANTHAPURAM, PIN - 695121
8 PALAYYAN
AGED 61 YEARS, S/O MANASNADAR,
KEEZKOLLAMEKKUMKARA, PUTHANVEEDU,
AMARAVILA P.O, NEYYATTINKARA,
THIRUVANANTHAPURAM, PIN - 695122
W.P.(C) No.11723 of 2024
:2:
9 LEELA
AGED 62 YEARS, D/O NESAMONEY,
KADAVTTARAM THEKKE KUDIYIRIPPU VEETIL,
NEYYATTINKARA P.O., NEYYATTINKARA,
THIRUVANANTHAPURAM, PIN - 695121
10 GOPI
AGED 60 YEARS, S/O CHELLAN, KEEZKOLLA
CHATTOTTU PUTHAN VEETIL, AMARAVILA P.O,
NEYYATTINKARA, THIRUVANANTHAPURAM - 695122
11 MANI
AGED 62 YEARS, S/O MEKHAIL, M.V COTTAGE,
EDAYARAKKAL VILAKAM, PARASUVEKKAL P.O,
NEYYATTINKARA, THIRUVANANTHAPURAM - 695508
BY ADVS.
V.G.ARUN (K/795/2004)
V.JAYA RAGI
R.HARIKRISHNAN (KAMBISSERIL)
NEERAJ NARAYAN
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY ITS SECRETARY
REGISTER OF COOPERATIVE SOCIETY,
THIRUVANANTHAPURAM, PIN - 695001
2 REGISTRAR/PROJECT OFFICER
DISTRICT KHADI & INDUSTRIES OFFICER,
THIRUVANANTHAPURAM, PIN - 695001
3 AMARAVILA CHUDUKAL ULPADAKA KRAYAVIKRAYA
SAHAKARANA SANGHOM, LTD NO.KV IND (T) 3
REPRESENTED BY ITS SECRETARY, NEYYATTINKARA P.O,
THIRUVANANTHAPURAM, PIN - 695121
4 SECRETARY
MANAGING COMMITTEE, AMARAVILA CHUDUKAL
ULPADAKA KRAYAVIKRAYA SAHAKARANA SANGHOM,
LTD NO.KV IND (T) 3 NEYYATTINKARA P.O,
THIRUVANANTHAPURAM, PIN - 695121
5 PRESIDENT
MANAGING COMMITTEE, AMARAVILA CHUDUKAL
ULPADAKA KRAYAVIKRAYA SAHAKARANA SANGHOM,
LTD NO.KV IND (T) 3 NEYYATTINKARA P.O,
THIRUVANANTHAPURAM, PIN - 695121
BY ADVS.
SMT.MABLE C.KURIAN, SR.GP,
SRI.RAJAGOPALAN NAIR - SC
W.P.(C) No.11723 of 2024
:3:
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 04.04.2024, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
W.P.(C) No.11723 of 2024
:4:
JUDGMENT
The limited plea of the petitioners is that the competent
Authority of the 2 nd respondent be directed to take up Ext.P3
representation and dispose it of, within a time frame to be fixed
by this Court.
2. Sri.Rajagopalan Nair - learned Standing Counsel for the
2nd respondent, submitted that, if the petitioner only requires
Ext.P3 to be taken up and disposed of, there does not appear to
be any legal impediment for the 2 nd respondent in doing so; but
prayed that this Court may not make any affirmative
declarations in their favour and leave it to the said respondent
to take an appropriate decision thereon, as per law.
3. Smt.Mable C.Kurian - learned Senior Government
Pleader, appearing for respondent No.1, also affirmed that
Ext.P3 will have to be decided by the 2 nd respondent in the first
instance and that the State has no role at this stage.
4. The files reveal that this Court has not yet issued notice
to respondents 3, 4 and 5; I am, however, of the view that it will
not be necessary because the directions that I propose herein
will not prejudice them.
In the afore circumstances, I allow this writ petition and
direct the competent Authority of the 2 nd respondent to take up
Ext.P3 representation and dispose of the same, after hearing the
petitioners as also respondents 3, 4 and 5; thus culminating in
an appropriate order and necessary action thereon, as
expeditiously as is possible, but not later than three months
from the date of receipt of a copy of this judgment.
Needless to say, this Court has not entered into the merits
of any of the rival contentions, and that, all of them are left open
to be decided appositely by the competent Authority of the 2 nd
respondent.
Sd/-
DEVAN RAMACHANDRAN
JUDGE
anm
APPENDIX OF WP(C) 11723/2024
PETITIONERS' EXHIBITS
Exhibit P1 THE TRUE COPY OF THE CERTIFICATE OF
REGISTRATION DATED 14-06-2013
Exhibit P2 THE TRUE COPY OF THE BYE LAW OF THE
SOCIETY
Exhibit P3 THE TRUE COPY OF THE COMPLAINT/
REPRESENTATION DATED 05-02-2022 BEFORE
THE 2ND RESPONDENT
RESPONDENTS' EXHIBITS : NIL.
