V Muhammed vs State Of Kerala
2024 Latest Caselaw 14738 Ker

Kerala High Court

V Muhammed vs State Of Kerala on 4 June, 2024

Author: Devan Ramachandran

Bench: Devan Ramachandran

              IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
        THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
   TUESDAY, THE 4TH DAY OF JUNE 2024 / 14TH JYAISHTA, 1946
                        WP(C) NO. 14465 OF 2024
PETITIONER:
          KUNJAHAMMAD
          AGED 56 YEARS
          S/O. MUHAMMAD, VELUTHA VALAPPIL, KARUKAPUTHUR,
          CHAZHIYATTIRI, PALAKKAD DISTRICT, PIN - 679535.
          BY ADVS.
          P.T.SHEEJISH
          HARIKIRAN
          SREERAM P.
          A.ABDUL RAHMAN (A-1917)
          PARVATHY S. MANOJ
          AMRITA SAFAL M.
          SANDRA TOM


RESPONDENTS:
    1     STATE OF KERALA
          REPRESENTED BY THE PRINCIPAL SECRETARY TO
          GOVERNMENT, DEPARTMENT OF COOPERATION, SECRETARIAT,
          THIRUVANANTHAPURAM DISTRICT, PIN - 695001.
    2     DISTRICT COLLECTOR PALAKKAD
          DISTRICT COLLECTORATE KUNATHURMEDU, PALAKKAD,
          PIN - 678013.
    3     DEPUTY TAHASILDAR PATTAMBI
          PATTAMBI PO, PALAKKAD DISTRICT, PIN - 679303.
    4     THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES
          (GENERAL),
          OFFICE OF THE JOINT REGISTRAR OF CO-OPERATIVE
          SOCIETIES (GENERAL, KENATHUPARAMBU, KUNATHURMEDU,
          CIVIL STATION COMPLEX PALAKKAD DISTRICT,
          PIN - 678013.
    5     THE RAJEEV GANDHI CO-OPERATIVE RURAL CREDIT SOCIETY
          LIMITED NO.P.1305, PALAKKAD DISTRICT, PIN - 679535.
          SR.GP - SMT.MABLE C.KURIAN

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
04.06.2024,     ALONG    WITH   WP(C).14499/2024,       15242/2024      AND
CONNECTED    CASES,   THE   COURT   ON   THE   SAME   DAY   DELIVERED   THE
FOLLOWING:
 W.P.(C)Nos.14465, 14499,
15242 & 15287/2024
                                     ..2..



             IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
          THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
     TUESDAY, THE 4TH DAY OF JUNE 2024 / 14TH JYAISHTA, 1946
                           WP(C) NO. 14499 OF 2024
PETITIONER:
          SAJEEV P N
          AGED 49 YEARS
          S/O. BALAKRISHNAN NAIR, GEETHA NIVAS, RAYAMANGALAM,
          THIRUMITTAKKODE, PALAKKAD DISTRICT, PIN - 679535.
          BY ADVS.
          P.T.SHEEJISH
          HARIKIRAN
          SREERAM P.
          PARVATHY S. MANOJ
          A.ABDUL RAHMAN (A-1917)
          SANDRA TOM
          AMRITA SAFAL M.


RESPONDENTS:
     1    STATE OF KERALA
          REPRESENTED BY THE PRINCIPAL SECRETARY TO
          GOVERNMENT, DEPARTMENT OF COOPERATION, SECRETARIAT,
          THIRUVANANTHAPURAM DISTRICT, PIN - 695001.
     2    DISTRICT COLLECTOR
          PALAKKAD, DISTRICT COLLECTORATE KUNATHURMEDU,
          PALAKKAD, PIN - 678013.
     3    DEPUTY TAHASILDAR
          PATTAMBI, PATTAMBI PO, PALAKKAD DISTRICT, PIN -
          679303
     4    THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES
          (GENERAL),
          OFFICE OF THE JOINT REGISTRAR OF CO-OPERATIVE
          SOCIETIES (GENERAL, KENATHUPARAMBU, KUNATHURMEDU,
          CIVIL STATION COMPLEX PALAKKAD DISTRICT,
          PIN - 678013.
     5    THE RAJEEV GANDHI CO-OPERATIVE RURAL CREDIT SOCIETY
          LIMITED NO.P.1305, PALAKKAD DISTRICT,REPRESENTED BY
          ITS SECRETARY, PIN - 679535.
          SR.GP - SMT.MABLE C.KURIAN

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
04.06.2024, ALONG WITH WP(C).14465/2024 AND CONNECTED CASES,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 W.P.(C)Nos.14465, 14499,
15242 & 15287/2024
                                     ..3..



             IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
          THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
     TUESDAY, THE 4TH DAY OF JUNE 2024 / 14TH JYAISHTA, 1946
                           WP(C) NO. 15242 OF 2024
PETITIONER:
          INDIRA K
          AGED 51 YEARS
          W/O. RAMAKRISHNAN, METTATH VALIYAVETTIL (H),
          ITTONAM, CHATHANUR PO, THIRUMITTACODE-I,
          PALAKKAD, PIN - 679535.
          BY ADVS.
          P.T.SHEEJISH
          HARIKIRAN
          SREERAM P.
          PARVATHY S. MANOJ
          AMRITA SAFAL M.
          SANDRA TOM


RESPONDENTS:
     1    STATE OF KERALA,
          REPRESENTED BY THE PRINCIPAL SECRETARY TO
          GOVERNMENT, DEPARTMENT OF COOPERATION, SECRETARIAT,
          THIRUVANANTHAPURAM DISTRICT, PIN - 695001.
     2    DISTRICT COLLECTOR PALAKKAD
          DISTRICT COLLECTORATE KUNATHURMEDU, PALAKKAD,
          PIN - 678013.
     3    DEPUTY TAHASILDAR PATTAMBI
          PATTAMBI PO, PALAKKAD DISTRICT, PIN - 679303.
     4    THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES
          (GENERAL), OFFICE OF THE JOINT REGISTRAR OF CO-
          OPERATIVE SOCIETIES (GENERAL, KENATHUPARAMBU,
          KUNATHURMEDU, CIVIL STATION COMPLEX PALAKKAD
          DISTRICT, PIN - 678013.
     5    THE RAJEEV GANDHI CO-OPERATIVE RURAL CREDIT SOCIETY
          LIMITED NO.P.1305, PALAKKAD DISTRICT
          REPRESENTED BY SECRETARY, PIN - 679535.
          SR. GP - SMT.MABLE C KURIAN

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
04.06.2024, ALONG WITH WP(C).14465/2024 AND CONNECTED CASES,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 W.P.(C)Nos.14465, 14499,
15242 & 15287/2024
                                     ..4..



             IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
          THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
     TUESDAY, THE 4TH DAY OF JUNE 2024 / 14TH JYAISHTA, 1946
                           WP(C) NO. 15287 OF 2024
PETITIONER:
          V MUHAMMED
          AGED 74 YEARS
          S/O. ABDUL RAHMAN,
          VAYAMBATHODI(H),PERINGODE,PERINGANNUR
          PO,THIRUMITTACODE-I, PALAKKAD, PIN - 679535
          BY ADVS.
          P.T.SHEEJISH
          HARIKIRAN
          PARVATHY S. MANOJ
          A.ABDUL RAHMAN (A-1917)
          AMRITA SAFAL M.
          SREERAM P.


RESPONDENTS:
     1    STATE OF KERALA
          REPRESENTED BY THE PRINCIPAL SECRETARY TO
          GOVERNMENT, DEPARTMENT OF COOPERATION,
          SECRETARIAT, THIRUVANANTHAPURAM DISTRICT,
          PIN - 695001.
     2    DISTRICT COLLECTOR PALAKKAD
          DISTRICT COLLECTORATE KUNATHURMEDU,
          PALAKKAD, PIN - 678013.
     3    DEPUTY TAHASILDAR PATTAMBI
          PATTAMBI PO, PALAKKAD DISTRICT, PIN - 679303.
     4    THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES
          (GENERAL), OFFICE OF THE JOINT REGISTRAR OF CO-
          OPERATIVE SOCIETIES (GENERAL, KENATHUPARAMBU,
          KUNATHURMEDU, CIVIL STATION COMPLEX PALAKKAD
          DISTRICT, PIN - 678013.
     5    THE RAJEEV GANDHI CO-OPERATIVE RURAL CREDIT SOCIETY
          LIMITED NO.P.1305, PALAKKAD DISTRICT,
          REPRESENTED BY SECRETARY, PIN - 679535.
          SR.GP - SMT.MABLE C.KURIAN

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
04.06.2024, ALONG WITH WP(C).14465/2024 AND CONNECTED CASES,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 W.P.(C)Nos.14465, 14499,
15242 & 15287/2024
                                 ..5..



              DEVAN RAMACHANDRAN, J.
         =========================
   W.P.(C)Nos.14465,14499,15242 & 15287 of 2024
        ==========================
         Dated this the 4th day of June, 2024

                           JUDGMENT

Even though the petitioners in these cases say that they

have preferred statutory appeals, it is conceded today that the

copy of the memorandum of appeal filed in these cases are

that of another person, who is the writ petitioner in a

connected matter, namely W.P.(C)No.13575 of 2024.

2. Sri.P.T.Sheejish - learned counsel for the petitioners,

explained that his clients, though the former Directors of the

Society, were not actively involved in its affairs at all, because

it were under the responsibility of another director by name

Sri.Rajesh, who subsequently committed suicide. He added

that the petitioners were unfortunately made to understand

that an appeal by the aforementioned Sri.Krishnan K., namely

the petitioner in the connected W.P.(C)No.13575 of 2024, would

be sufficient; but that they now understand that it is not so.

He, therefore, made a limited plea that the petitioners be

allowed to file statutory appeals against the orders issued by

the Authorities, for which, he sought "breathing time". He W.P.(C)Nos.14465, 14499, 15242 & 15287/2024 ..6..

further conceded that his clients have not been able to comply

with the directions of this Court in the interim order, but cited

extreme financial crisis for such.

3. Smt.Mable C Kurian - learned Senior Government

Pleader, in response, submitted that the petitioners could not

have approached this Court seeking that the Revenue

Recovery action against them be interdicted till orders in the

appeal preferred by them had been made available to them

because, no such appeals have been concededly filed by them.

She asserted that, therefore, they do not deserve any

indulgence from this Court; adding that she is not aware if the

provisions of the Limitation Act would apply with respect to the

filing of appeals by the petitioners. She prayed that, therefore,

all such issues be left open, even if this Court is inclined to

grant any relief to the petitioners.

4. I have considered and evaluated the afore rival

submissions, on the touchstone of the various materials

available on record.

5. I must say upfront that the explanation given by the

petitioners - in not filing an appeal on their own, but relying

upon that filed by a person by name Sri.Krishnan K. - the W.P.(C)Nos.14465, 14499, 15242 & 15287/2024 ..7..

petitioner in the connected matter W.P.(C)No.13575 of 2024 -

cannot find favour in law. However, adverting to their

submission that they intend to file appeals now, I do not think

that it will be justified for this Court to deny them such

opportunity, if such a remedy is available to them in law,

subject to all other provisions.

In such perspective, I allow these writ petitions, granting

liberty to the petitioners to prefer appeals against the orders

impugned, however, without entering into the question

whether the rigour of limitation and such other provisions

would apply. These issues are left open to the competent

Authority to decide, as and when the petitioners prefer the

appeals. I clarify that I have not entered into the merits of any

of the rival contentions either.

In order to enable the petitioners to invoke the liberty

reserved to them above, I order that all coercive recovery

action against them will stand deferred for a period of one

month from the date of receipt of a copy of this judgment.

Merely by way of reiteration, I clarify that this Court has

not declared that the petitioners are entitled to prefer an

appeal, but only that they have the liberty to do so, which will W.P.(C)Nos.14465, 14499, 15242 & 15287/2024 ..8..

be then decided by the competent Authority taking into

account all relevant and germane aspects, including the rigour

of limitation, if any.

Sd/-

DEVAN RAMACHANDRAN, JUDGE

ACR W.P.(C)Nos.14465, 14499, 15242 & 15287/2024 ..9..

APPENDIX OF WP(C) 14499/2024

PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE REPORT DATED 18.06.2020 SUBMITTED BY THE THRITHALA UNIT INSPECTOR TO ASSISTANT REGISTRAR, PATTAMBI Exhibit P2 TRUE COPY OF THE ORDER NO.

JRGPKD/3773/2021-HM DATED 17.12.2021 PASSED BY THE 4TH RESPONDENT Exhibit P3 TRUE COPY OF THE MEMORANDUM OF APPEAL UNDER SECTION 83[1] [J] OF THE KERALA CO- OPERATIVE SOCIETIES ACT FILED BY MR.KRISHNAN BEFORE THE 1ST RESPONDENT DATED 21.01.2022 Exhibit P4 THE TRUE COPY OF THE JUDGEMENT PASSED BY THIS HON'BLE COURT IN WPC NO 3678/2022 DATED 16/2/2022 Exhibit P5 TRUE COPY OF THE DEMAND NOTICE DATED 28.02.2024 ISSUED BY THE 3RD RESPONDENT W.P.(C)Nos.14465, 14499, 15242 & 15287/2024 ..10..

APPENDIX OF WP(C) 15242/2024

PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE REPORT DATED 8.06.2020 SUBMITTED BY THE THRITHALA UNIT INSPECTOR TO ASSISTANT REGISTRAR, PATTAMBI Exhibit P2 TRUE COPY OF THE ORDER NO.

JRGPKD/3773/2021-HM DATED 17.12.2021 PASSED BY THE 4TH RESPONDENT Exhibit P3 TRUE COPY OF THE MEMORANDUM OF APPEAL UNDER SECTION 83[1] [J] OF THE KERALA CO- OPERATIVE SOCIETIES ACT FILED BY MR.KRISHNAN BEFORE THE 1ST RESPONDENT DATED 21.01.2022 Exhibit P4 THE TRUE COPY OF THE JUDGEMENT IN WPC 3678/2022 DATED 16/2/2022 Exhibit P5 TRUE COPY OF THE DEMAND NOTICE DATED 28.02.2024 ISSUED BY THE 3RD RESPONDENT W.P.(C)Nos.14465, 14499, 15242 & 15287/2024 ..11..

APPENDIX OF WP(C) 15287/2024

PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE REPORT DATED 18.06.2020 SUBMITTED BY THE THRITHALA UNIT INSPECTOR TO ASSISTANT REGISTRAR, PATTAMBI Exhibit P2 TRUE COPY OF THE ORDER NO.

JRGPKD/3773/2021-HM DATED 17.12.2021 PASSED BY THE 4TH RESPONDENT Exhibit P3 TRUE COPY OF THE MEMORANDUM OF APPEAL UNDER SECTION 83[1] [J] OF THE KERALA CO- OPERATIVE SOCIETIES ACT FILED BY THE MR.KRISHNAN BEFORE THE 1ST RESPONDENT DATED 21.01.2022 Exhibit P4 THE TRUE COPY OF THE JUDGEMENT IN WPC NO 3678/2022 PASSED BY THIS HON'BLE COURT DATED 16/2/2022 Exhibit P5 TRUE COPY OF THE DEMAND NOTICE DATED 28.02.2024 ISSUED BY THE 3RD RESPONDENT W.P.(C)Nos.14465, 14499, 15242 & 15287/2024 ..12..

APPENDIX OF WP(C) 14465/2024

PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE REPORT DATED 18.06.2020 SUBMITTED BY THE THRITHALA UNIT INSPECTOR TO ASSISTANT REGISTRAR, PATTAMBI Exhibit P2 TRUE COPY OF THE ORDER NO.

JRGPKD/3773/2021-HM DATED 17.12.2021 PASSED BY THE 4TH RESPONDENT Exhibit P3 TRUE COPY OF THE MEMORANDUM OF APPEAL UNDER SECTION 83[1] [J] OF THE KERALA CO- OPERATIVE SOCIETIES ACT FILED BY MR.KRISHANAN BEFORE THE 1ST RESPONDENT DATED 21.01.2022 Exhibit P4 TRUE COPY OF THE JUDGEMENT IN WPC 3678/2022 DATED 16/2/2022 Exhibit P5 TRUE COPY OF THE DEMAND NOTICE DATED 28.02.2024 ISSUED BY THE 3RD RESPONDENT