N.P Shanil vs The Kuthiathodu Rural Housing ...
2024 Latest Caselaw 15806 Ker

Kerala High Court

N.P Shanil vs The Kuthiathodu Rural Housing ... on 6 June, 2024

           IN THE HIGH COURT OF KERALA AT ERNAKULAM
                            PRESENT
          THE HONOURABLE MR. JUSTICE M.A.ABDUL HAKHIM
   THURSDAY, THE 6TH DAY OF JUNE 2024 / 16TH JYAISHTA, 1946
                    WP(C) NO. 11041 OF 2017
PETITIONERS:

    1     N.P SHANIL
          S/O PURUSHOTHAMAN, AGED:42 YEARS,
          KALATHITHARA NIKARTHIL,
          KODAMTHURUTHU, KUTHIATHODU PO,
          CHERTHALA, ALAPPUZHA DISTRICT-688533.
    2     N.P.SHINE
          S/O PURUSHOTHAMAN, AGED:43 YEARS,
          KALATHITHARA NIKARTHIL,
          KODAMTHURUTHU, KUTHIATHODU PO,
          CHERTHALA, ALAPPUZHA DISTRICT-688533
          BY ADVS.
          SRI.R.MURALEEKRISHNAN
          SMT.T.M.RESHMY


RESPONDENTS:

    1     THE KUTHIATHODU RURAL HOUSING CO-OPERATIVE SOCEITY
          LIMITED NO.A-692,
          REPRESENTED BY ITS SECRETARY,
          KUTHIATHODU PO, CHERTHALA,
          ALAPPUZHA DISTRICT-688533.
    2     THE ASSISTANT REGISTRAR GENERAL OF CO-OPERATIVE
          SOCIETIES,
          CHERTHALA , ALAPPUZHA DISTRICT-688 537.
    3     THE REGISTRAR OF CO-OPERAIVE SOCIETIES
          THIRUVANANTHAPURAM-695001
          BY ADVS.
          SMT.M.SHAHINA
          LAKSHMISREE P S
          SRI.BIMAL K NATH-SR.GP



     THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
06.06.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 11041 OF 2017

                                  2


                           JUDGMENT

1. The writ petition is filed by the petitioner challenging Ext.P5

demand on the ground that the benefits under Ext.P1 circular

were not given to the petitioner before issuance of Ext.P5

demand notice.

2. The learned counsel for the 1st respondent furnished copy

of the judgment dated 18/01/2024 in WP(C) No.33185/2011 in

which Circular No.1/2011 and Circular No.2/2011 are quashed

by this Court declaring that those circulars are ultravires the

provisions contained in the Kerala Co-operative Societies Act.

3. The learned counsel for the 1st respondent brought to my

notice that Circular No.1/2011 is cited as item No.1 in Ext.P1

circular that relates to the year 2011 and Ext.P1 circular

relates to 2012.

4. Accordingly, I find that the petitioner is not entitled to get

the benefits of Ext.P1 circular also in the light of the aforesaid

judgment in this Court. However, considering the fact that the WP(C) NO. 11041 OF 2017

writ petition is filed on 29/03/2017 and the matter has been

remaining in this Court under stay and the petitioner has

already complied with the condition of payment of Rs.25,000/-

in compliance with the order dated 03/04/2017, I permit the

petitioner to clear the outstanding amount in 12 equal monthly

installments starting from 01/07/2024.

5. This writ petition is disposed of accordingly.

Sd/-

M.A.ABDUL HAKHIM JUDGE sms WP(C) NO. 11041 OF 2017

APPENDIX OF WP(C) 11041/2017

PETITIONER EXHIBITS EXHIBIT P1 TRUE COPY OF THE CIRCULAR NO.31/2012 DATED 30/6/2012 EXHIBIT P2 TRUE COPY OF THE REPRESENTATION DATED 3/9/2014 SUBMITTED TO THE 3RD RESPONDENT EXHIBIT P3 TRUE COPY OF THE LETTER DATED 19/9/2014 ISSUED BY 3RD RESPONDENT EXHIBIT P4 TRUE COPY OF THE LETTER DATED 19/12/2014 ISSUED BY 2ND RESPONDENT EXHIBIT P5 TRUE COPY OF THE DEMAND NOTICE DATED 6/3/2017 ISSUED BY 1ST RESPONDENT RESPONDENT EXHIBITS EXHIBIT R1(A) TRUE COPY OF THE LOAN SANCTIONING ORDER ISSUED BY THE APEX SOCIETY DATED 4.8.2006.

EXHIBIT R1(B) PHOTOCOPY OF THE INTERIM ORDER DATED 3.4.2017 IN W.P.(C) NO.11041/17. EXHIBIT R1(C) PHOTOCOPY OF THE REPLY ISSUED BY THE FEDERATION.