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High Court of KeralaWP(C)/3370/2015disposed of

The Kollam District Scheduled Caste Industrial Cooperative Society Limited v. The State Of Kerala

2015-02-03Honourable Mr.Justice V.Chitambaresh3 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE V.CHITAMBARESH TUESDAY, THE 3RD DAY OF FEBRUARY 2015/14TH MAGHA, 1936 WP(C).No. 3370 of 2015 (U) ------------------------------------- PETITIONERS:

---------------------- 1.

THE KOLLAM DISTRICT SCHEDULED CASTE INDUSTRIAL CO-OPERATIVE SOCIETY LIMITED NO.S.IND.(Q)29, PUTHUKKAD.P.O., CHAVARA KOLLAM DISTRICT REPRESENTED BY ITS SECRETARY RADHAKRISHNAN K S/O.KUNJUKUNJU, AGED 55 YEARS THEVALLIDATHU PUTHENVEEDU, PUTHUKKAD.P.O., CHAVARA KOLLAM.

2.

HARSHAKUMAR, AGED 44 YEARS S/O.SOMASEKHARAN, KODIYIL PUTHENVEEDU, KARALY.P.O. WEST KALLADA SHASTHAMKOTTA, KOLLAM DISTRICT THE PRESIDENT THE KOLLAM DISTRICT SCHEDULED CASTE INDUSTRIAL CO-OPERATIVE SOCIETY LIMITED NO.S.IND.(Q)29 PUTHUKKAD.P.O., CHAVARA, KOLLAM DISTRICT BY ADV. SRI.GEORGE SEBASTIAN RESPONDENTS:

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1. THE STATE OF KERALA REPRESENTED BY THE PRINCIPAL SECRETARY DEPARTMENT OF SCHEDULED CASTE AND SCHEDULED TRIBE DEVELOPMENT SECRETARIAT, THIRUVANANTHAPURAM.695 001.

2. THE DIRECTOR SCHEDULED CASTE DEVELOPMENT DEPARTMENT THIRUVANANTHAPURAM.695 001.

3. THE GENERAL MANAGER DISTRICT INDUSTRIES CENTRE KOLLAM (THE REGISTRAR OF INDUSTRIAL CO-OPERATIVE SOCIETIES).691 001.

BY SPL. GOVERNMENT PLEADER SMT. P.K. SANTHAMMA THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03-02-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).No. 3370 of 2015 (U) ------------------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- P1- A TRUE COPY OF THE CERTIFICATE DATED 18.8.2008 ISSUED BY THE 3RD RESPONDENT.

P2A TRUE COPY OF THE ORDER BEARING NO.GO(RT)NO.747/2005/SCSTDD DATED 8.8.2005.

P3A TRUE COPY OF THE REGISTERED SALE DEED DATED 27.10.2005 BEARING NO.2103/2005 OF PATTAZHY SUB REGISTRY. P4A TRUE COPY OF A REGISTERED SALE DEED DATED 18.3.2000. P5A TRUE COPY OF THE REPORT DATED 1.8.2011 GIVEN BY THE 3RD RESPONDENT TO THE 2ND RESPONDENT.

P6A TRUE COPY OF THE REPLY ISSUED FROM THE DIRECTORATE OF INDUSTRY AND COMMERCE DATED 16.9.2014 UNDER THE RIGHT TO INFORMATION ACT.

P7A TRUE COPY OF THE REPLY DATED 25.6.2014 ISSUED FROM THE OFFICE OF THE REGISTER OF COOPERATIVE SOCIETIES UNDER THE RIGHT TO INFORMATION ACT.

P8A TRUE COPY OF THE REPRESENTATION DATED 25.8.2011 FILED BY THE 1ST PETITIONER BEFORE THE HON'BLE MINISTER FOR SCHEDULED CASTES DEVELOPMENT DEPARTMENT.

P9- A TRUE COPY OF THE REPRESENTATION DATED 27.8.2014 FILED BY THE PETITIONERS BEFORE THE HON'BLE MINISTER FOR SCHEDULED CASTES DEVELOPMENT DEPARTMENT.

P10A TRUE COPY OF THE REPRESENTATION FILED BY THE 2ND PETITIONER DATED 12.1.2015 BEFORE THE 1ST RESPONDENT. P11A TRUE COPY OF THE ACKNOWLEDGEMENT CARD DATED 13.1.2015 ISSUED FROM THE OFFICE OF THE 1ST RESPONDENT. RESPONDENT(S)' EXHIBITS:- NIL --------------------------------------- /TRUE COPY/ P.A. TO JUDGE

V. CHITAMBARESH, J --------------------------------------- W.P.(C). NO. 3370 OF 2015 ---------------------------------------- Dated this the 3rd day of February, 2015

JUDGMENT

The petitioners assert that the property has been purchased in the name of the second respondent for and on behalf of the first petitioner society. The petitioners want the property to be transferred in the name of the first petitioner in the circumstances. Ext. P10 representation submitted in this regard is pending consideration with the first respondent. 2.

I direct the first respondent to consider Ext. P10 representation with notice to the petitioners and the second respondent. Needless to say that the first respondent shall advert to Exts. P5 to P8 documents which reflect the need for such a transfer. The needful shall be done within a period of three months from the date of receipt of a copy of this judgment.

The writ petition is disposed of.

V. CHITAMBARESH JUDGE