High Court of KeralaWP(C)/5449/2015disposed of

M.B.Sukumaran Nair v. Sr.Inspector Of Co-Operative Societies

2015-03-17Honourable Mr.Justice V.Chitambaresh3 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE V.CHITAMBARESH TUESDAY, THE 17TH DAY OF MARCH 2015/26TH PHALGUNA, 1936 WP(C).No. 5449 of 2015 (E) ------------------------------------ PETITIONER:

-------------------------- M.B.SUKUMARAN NAIR, AGED 53 YEARS LAKSHMI MANDIRAM, MONCOMBU P.O., KUTTANAD ALAPPUZHA.

BY ADVS.SRI.S.SANAL KUMAR SMT.BHAVANA VELAYUDHAN SMT.T.J.SEEMA RESPONDENTS:

----------------------------

1. SENIOR INSPECTOR OF CO-OPERATIVE SOCIETIES ARBITRATOR CUM SPECIAL SALES OFFICER KERALA STATE CO-OPERATIVE HOUSING FEDERATION, KALOOR KOCHI - 682017.

2. ALAPPUZHA DISTRICT GOVERNMENT SERVANTS HOUSING CO-OPERATIVE SOCIETY LIMITED NO. 715, REPRESENTED BY ITS SECRETARY, ALAPPUZHA - 688011.

3. THE REGISTRAR OF CO-OPERATIVE SOCIETIES, OFFICE OF THE REGISTRAR OF CO-OPERATIVE SOCIETIES THIRUVANANTHAPURAM-695 014.

R3 BY GOVERNMENT PLEADER SRI.GIKKU JACOB THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 17-03-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).No. 5449 of 2015 (E) APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- EXHIBIT P1: TRUE COPY OF THE SALE PROCLAMATION NOTICE DATED 12.9.2012 EXHIBIT P2: TRUE COPY OF THE JUDGMENT OF THIS HON'BLE COURT IN W.P.(C). NO. 24927/2012 DATED 19.11.2014 EXHIBIT P3: TRUE COPY OF THE CIRCULAR NO. 5/2015 DATED 22.01.2015 ISSUED BY THE THIRD RESPONDENT EXHIBIT P4: TRUE COPY OF THE APPLICATION DATED NIL SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT RESPONDENT(S)' EXHIBITS:-NIL ------------------------------------------ /TRUE COPY/ P.A. TO JUDGE

V. CHITAMBARESH, J --------------------------------------- W.P.(C). NO. 5449 OF 2015 ---------------------------------------- Dated this the 17th day of March, 2015

JUDGMENT

The petitioner has evidently not complied with the terms of Ext. P2 judgment in W.P.(C). No. 24927/2012. Nevertheless the petitioner is not precluded from availing the benefit of 'Aswas 2015' scheme if he is otherwise eligible. The petitioner has in this regard submitted Ext. P4 representation which is pending consideration with the second respondent.

I direct the second respondent to consider Ext. P4 representation with notice to the petitioner on or before 28.03.2015. It is upto the petitioner to produce a copy of the writ petition with the judgment before respondents 1 and 2 on or before 23.03.2015.

The writ petition is disposed of.

V. CHITAMBARESH JUDGE