[Cites 2, Cited by 0]

Kerala High Court

C. M Gopalakrishnan Nair vs State Of Kerala on 11 December, 2025

                                                          2025:KER:95680
WP(C) NO. 40970 OF 2025            1


                IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                PRESENT

                 THE HONOURABLE MR. JUSTICE GOPINATH P.

  THURSDAY, THE 11TH DAY OF DECEMBER 2025 / 20TH AGRAHAYANA, 1947

                        WP(C) NO. 40970 OF 2025

PETITIONER/S:

          C. M GOPALAKRISHNAN NAIR, AGED 76 YEARS
          S/O P.R MADHAVAN PILLAI, SAROJ BHAVAN, SOORANAD NORTH,
          KOLLAM, PIN - 690522


          BY ADVS.
          SHRI.S.SANTHOSH KUMAR
          SMT.BABY SUJATHA



RESPONDENT/S:

    1     STATE OF KERALA, REPRESENTED BY THE SECRETARY,
          DEPARTMENT OF CO-OPERATION, GOVERNMENT SECRETARIAT,
          THIRUVANANTHAPURAM, PIN - 695001

    2     THE REGISTRAR OF CO-OPERATIVE SOCIETIES
          JAWAHAR SAHAKARANA BHAVAN, D.P.I JUNCTION, JAGATHI,
          THIRUVANANTHAPURAM, PIN - 695014

    3     JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES
          O/O JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES
          (GENERAL), CIVIL STATION, KOLLAM-, PIN - 691013

    4     ASST. REGISTRAR OF CO-OPERATIVE SOCIETIES (GENERAL)
          O/O ASST. REGISTRAR OF CO-OPERATIVE SOCIETIES
          (GENERAL), SASTHAMKOTTA, KOLLAM, PIN - 690521

    5     SASTHAMKOTTA PROCESSING AND MARKETING CO-OPERATIVE
          SOCIETY LTD NO.Q.213, SOORANADU P.O, KOLLAM
          REPRESENTED BY ITS PART-TIME ADMINISTRATOR,
           PIN - 690522
                                                     2025:KER:95680
WP(C) NO. 40970 OF 2025          2




    6     PART-TIME ADMINISTRATOR
          SASTHAMKOTTA PROCESSING AND MARKETING CO-OPERATIVE
          SOCIETY LTD NO.Q.213, SOORANADU P.O, KOLLAM, PIN -
          690522

    7     KOLLAM DISTRICT CO-OPERATIVE HOSPITAL SOCIETY LTD
          NO.Q.952, PALATHARA, THATTAMALA P.O, KOLLAM
           REPRESENTED BY ITS SECRETARY, PIN - 691020


          BY ADVS.
          SMT.SHIFA LATHEEF
          SHRI.P.C.SASIDHARAN
          SMT.AKHILASREE BHASKARAN
          SMT. SILPA N.P, GP



     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
11.12.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
                                                             2025:KER:95680
WP(C) NO. 40970 OF 2025             3



                                JUDGMENT

Petitioner is a senior citizen, member and former

president of the 5th respondent Co-operative Society. Petitioner

has approached this Court being aggrieved by the fact that the

6th respondent, the Part-Time Administrator, who is in-charge of

the affairs of the 5th respondent-Society has taken a decision

(subject to approval of the statutory authorities) to lease out 2

Acres of property belonging to the 5th respondent-Society to the

7th respondent-Society. It is contended that the 7 th respondent

is a Society, which is presently managed by persons having

political affiliation to the ruling party in the State and therefore,

a hasty decision was taken by the Part-Time Administrator to

permit lease of the land.

2. Learned counsel appearing for the petitioner submits

that, the proposal of the 7th respondent is to construct buildings

over the land belonging to the 5th respondent-Society. It is

submitted that, the 5th respondent-Society can be revived. It is

submitted that, the elections to the 5 th respondent-Society are

purposefully not being held on the sole ground that membership

conducting an election to the Managing Committee. It is

submitted that the decision to lease out the property of the 5 th

respondent-Society is a decision to be taken by the

democratically elected Managing Committee and not by the

Part-Time Administrator.

3. Learned Government Pleader submits that no

decision has been taken thus far, on the proposal of the Part-

Time Administrator, by the 3rd respondent . It is submitted that,

the petitioner, who claims to be the former president of the

Managing Committee should have disclosed that the Part-Time

Administrator was not appointed following any action under

Section 32 of the Co-operative Societies Act, 1969 (hereinafter

referred to as 'the 1969 Act'), but on account of the fact that the

Managing Committee, then in office, had failed to conduct

elections within time. It is submitted that, the 3 rd respondent

will take a decision in the matter only in accordance with the

law.

4. Sri. P C. Sasidharan, learned counsel appearing for

the 7th respondent would submit that the 7th respondent is

running a super specialty hospital with 38 super specialty

wings. It is submitted that property and building of 5 th 2025:KER:95680

respondent- society is presently lying in a dilapidated condition

and there is no scope for reviving the business of the 5 th

respondent-Society. It is submitted that, the 7 th respondent

presently employs nearly 160 doctors and 1800 paramedical

staff. It is submitted that, the 7 th respondent-Society is one of

the largest hospital societies in the State. It is submitted that,

the total share capital of the 7th respondent-Society is Rs.145

Crores. It is submitted that, 7 th respondent -Society is

functioning on profit from the year 2009-10 onwards and owns

nearly 28 Acres of landed property in two campuses. It is

submitted that, nearly 7 lakhs people are availing treatment at

the hospital of the 7th respondent-Society. It is submitted that,

the hospital has nearly 500 beds including 12 operation

theaters, 11 intensive care units and all modern medical

equipment. It is submitted that, the 7 th respondent also

provides treatment facility to the persons in the 'BPL category'

and is committed to provide affordable health care to the

citizens. It is submitted that, the 7th respondent has received

several awards as set out in Paragraph No.12 of the counter

affidavit. It is submitted that, by taking over the property of the

5th respondent for a period of five years, the 5 th respondent-

2025:KER:95680

Society will only be benefited as the 7 th respondent will

undertake renovation of the existing buildings and after meeting

costs of renovation, the rent will also be paid to the 5 th

respondent-Society. It is submitted that, the arrangement will

only to the benefit of the 5 th respondent-Society and its

members, including the petitioner herein.

5. Learned counsel appearing for the 6th respondent,

Part-Time Administrator would submits that the proposal for

leasing out the property of the 5th respondent-Society to the 7th

respondent has been forwarded for consideration of the 3 rd

respondent and the same is pending consideration of the 3 rd

respondent.

6. Having heard the learned counsel appearing for the

petitioner, the learned Government Pleader appearing for the

official respondents, the learned counsel appearing for the

respondent 7th respondent-Society and the learned counsel

appearing for the 6th respondent, I am of the opinion that since

the proposal of the 6th respondent is only pending consideration

before the 3rd respondent , the writ petition can be disposed of,

directing that the 3rd respondent shall take a decision in the

matter in accordance with the law, after affording an 2025:KER:95680

opportunity of hearing to all parties, including the petitioner

herein. I make it clear that I have not expressed any opinion on

the merits of the matter and it will be open to the 3 rd respondent

to take a decision in the matter, in accordance with the law,

keeping in mind all factors and the provisions of the 1969 Act

and the Rules framed thereunder. The 3 rd respondent shall

endeavour to take a final decision in the matter within a period

of two months from the date of receipt of a certified copy of this

judgment. The 6th respondent, the Part-Time Administrator shall

also explore the feasibility of conducting elections to the 5 th

respondent-Society, without undue delay.

Writ petition will stand disposed of as above.

Sd/-

GOPINATH P. JUDGE ajt 2025:KER:95680

APPENDIX OF WP(C) NO. 40970 OF 2025

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF ORDER NO. H.M 5993/2019/K.DIS DATED 20/08/2019 OF THE 3RD RESPONDENT Exhibit P2 TRUE COPY OF THE LETTER DATED 19/08/2025 OF THE SECRETARY OF THE 7TH RESPONDENT TO THE 6TH RESPONDENT Exhibit P3 TRUE COPY OF THE DECISION NO.1 DATED 30/08/2025 OF THE 6TH RESPONDENT Exhibit P4 TRUE COPY OF THE LETTER DATED 30/08/2025 OF THE 4TH RESPONDENT TO THE 3RD RESPONDENT Exhibit P5 TRUE COPY OF LETTER DATED 15/09/2025 FROM THE 3RD RESPONDENT TO THE 4TH RESPONDENT Exhibit P6 TRUE COPY OF THE DRAFT PROPOSED LEASE DEED DATED NIL Exhibit P7 TRUE COPY OF PETITION DATED 18/10/2025 OF THE PETITIONER FILED BEFORE THE 2ND RESPONDENT RESPONDENT EXHIBITS

EXHIBIT R7(a) The true copy of the Audit Certificate and Audit Memorandum issued by the Co-operative Department dated 30/12/2024