Kerala High Court
M.R. Ajayan vs The Secretary on 8 November, 2024
Author: Amit Rawal
Bench: Amit Rawal
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE AMIT RAWAL
&
THE HONOURABLE MR. JUSTICE EASWARAN S.
Friday, the 8th day of November 2024 / 17th Karthika, 1946
WA NO. 1684 OF 2024
AGAINST JUDGMENT DATED 17/10/2024 IN WP(C) 16206/2024 OF THIS COURT
APPELLANT(S)/PETITIONER:
M.R. AJAYAN, AGED 58 YEARS, EDITOR GREEN KERALA THEKKETHALAKKAL
HOUSE CHERIYAPALLAMTHURUTHU NORTH PARAVOOR P.O, ERNAKULAM., PIN -
683513
BY ADVS.M/S.B.A.ALOOR, P.G.MANJU, ASHIK JONU M., SREELAKSHMI K.,
KRISHNASANKAR D.& ATHUL M. JOSHEY
RESPONDENT(S)/RESPONDENT:
1. THE SECRETARY MINISTRY OF CO-OPERATION, ATAL AKSHAYAURJABHAVAN, CGO
COMPLEX, PRAGATIVIHAR NEW DELHI, PIN - 110001
2. THE CENTRAL REGISTRAR OF CO-OPERATIVE SOCIETIES, OFFICE OF CENTRAL
REGISTRAR OF CO-OPERATIVE SOCIETIES, #900, 9TH FLOOR, TOWER E, WORLD
TRADE CENTRE NAUROJI NAGAR, NEW DELH, PIN - 110029
3. THE DIRECTOR ENFORCEMENT DIRECTORATE, PRAVARTHANBHAVAN, APJ ABDUL
KALAM ROAD, NEW DELHI, PIN - 110001
4. THE JOINT DIRECTOR ENFORCEMENT DIRECTORATE, KOCHI, KANOOS CASTLE,
MULLASSERRY CANAL ROAD WEST, ' AK SESHADRI ROAD, KOCHI ., PIN -
682011
5. DIRECTOR GENERAL OF POLICE, STATE POLICE HEAD QUARTERS,
VELLAYAMBALAM, THIRUVANANTHAPURAM ., PIN - 695010
6. BHARAT LAJHNA MULTISTATE HOUSING CO-OPERATIVE SOCIETY LTD (BLM) NO.
305, 306, 2ND FLOOR, TEN SQUARE MALL 100 FEET ROAD (NEAR CMBT)
KOYAMBEDU, CHENNAI REPRESENTED BY ITS CHAIRMAN AND MANAGING DIRECTOR
, PIN - 600107
7. REGISTRAR OF CO-OPERATIVE SOCIETIES, OFFICE OF THE REGISTRAR OF CO-
OPERATIVE SOCIETIES, JAWAHARSAHAKARANABHAVAN, DPI JUNCTION, THYCAUD
., PIN - 695014.
BY SRI.T.C.KRISHNA,DSGI IN CHARGE & SRI.K.S.PRENJITH KUMAR FOR R1
AND R2,
STANDING COUNSEL SRI.JAYASANKAR V.NAIR FOR R3 AND R4,
SMT.RESHMI.K.M,GOVERNMENT PLEADER FOR R5 AND R7 AND
SRI.GEORGE POONTHOTTAM (SR.) AND ADV.ANSHIN FOR R6.
Prayer for interim relief in the Writ Appeal stating that in the
circumstances stated in the appeal memorandum, the High Court be pleased
to pass the following:
i.The Appeal may kindly be admitted and allowed;
ii.The impugned Judgment passed by the Hon'ble Single Bench of this
Hon'ble Court in WP(C) No.16206/2024 dated 17/10/2024 may kindly be
quashed and set-aside and Appeal may kindly be heard in detail which
involves question of Law and facts;
iii. Any other such orders as this Hon'ble Court may deem fit in
the circumstances of the case.
This Writ Appeal again coming on for orders on 08/11/2024 upon
perusing the appeal memorandum and this Court's order dated 25/10/2024,
the court on the same day passed the following:
AMIT RAWAL & EASWARAN.S, JJ.
---------------------------------------------------
WA No.1684 of 2024
----------------------------------------------------
Dated this the 8th day of November, 2024
ORDER
Amit Rawal, J.
1. Counter affidavit on behalf of the 6 th respondent has been
filed as bench mark, the same is taken on record with advance copy
to the learned DSGI. Similarly another counter affidavit on behalf of
respondent Nos.3 to 4 has also been filed, the same also is taken on
record. Registry is directed to paginate the same.
2. Sri.Krishna, learned DSGI -in -charge during the course
of hearing submitted that respondent No.1 has directed the
Respondent No.2 to hold a detailed enquiry against respondent
No.6.
3. We are totally bewildered to notice the aforementioned
contention which is totally contrary to the directions contained in
paragraph No.6 of the order. The same read as under:
6. Sri.T.C Krishna, DSGI in charge for the respondent
Nos.1 and 2 is directed to take response from the respondent
No.6 as to whether, it has already in terms of paragraph
No.20 in the judgment of the Madras High Court has
complied with and also to ascertain whether the Housing
Society, the respondent No.6 is indulging into the other
purpose, for which it has been established or exceeding the
jurisdiction as noticed by the authority in the letter which has
been annexed as Annexure X. It is further directed that
respondent Nos. 1 and 2 will also seek an explanation from
respondent No.6 with regard to the audit of their accounts.
In other words, whether the accounts have been audited
regularly, and if yes, whether the respondent No.6 is actually
dealing with the purpose for which it has been established or
for other purposes. Let the short reply in this regard be filed
on or before the next posting date with advance copy to the
petitioner as well as the corespondents. Post on 8.11.2024.
4. The aforementioned submissions in our prima facie
view amounts to contempt of court but before taking steps
under Article 215 of the Constitution of India, we deem it
appropriate to direct respondent No.1 to appear before this
Court through virtual mode on 14.11.2024 and also file an
affidavit as to what steps had been taken after issuance of the
order dated 25.10.2024 as the directions extracted above are
unambiguous and do not require any different interpretation.
Post this matter on 14.11.2024.
Sd/-
AMIT RAWAL, JUDGE
Sd/-
EASWARAN.S, JUDGE
nak
08-11-2024 /True Copy/ Assistant Registrar
