N.Babu v. State Of Kerala

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE DAMA SESHADRI NAIDU MONDAY, THE 30TH DAY OF NOVEMBER 2015/9TH AGRAHAYANA, 1937Q WP(C).No. 30402 of 2015 (A) PETITIONER:

N.BABU, MEMBER NO.88, CHEMPAZHANTHY SCHEDULED CASTE/SCHEDULED TRIBE SERVICE CO-OPERATIVE SOCIETY LIMITED NO. 655, A.K. NAGAR, CHEMPAZHANTHY P.O., THIRUVANANTHAPURAM, RESIDING AT ASHA BHAVAN, ALIYILTHARATTA CHEMPAZHANTHY P.O., THIRUVANANTHAPURAM.

BY ADVS.SRI.MANOJ RAMASWAMY SMT.V.SREEJA RESPONDENTS:

1. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, DEPARTMENT OF CO-OPERATION, GOVERNMENT SECRETATIAT, THIRUVANANTHAPURAM-695 001

2. THE REGISTRAR OF CO-OPERATIVE SOCIETIES, OFFICE OF THE REGISTRAR OF CO-OPERATIVE SOCIETIES, THIRUVANANTHAPURAM - 695 001.

3. THE JOINT REGISTRAR (GENERAL), CO-OPERATIVE DEPARTMENT, OFFICE OF THE JOINT REGISTRAR (GENERAL), THIRUVANANTHAPURAM - 695 587.

4. THE ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES (GENERAL), OFFICE OF THE ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES (GENERAL), THIRUVANANTHAPURAM - 695 587.

5. THE ADMINISTARTIVE COMMITTEE, CHEMPAZHANTHY SCHEDULED CASTE/SCHEDULED TRIBE SERVICE CO-OPERATIVE SOCIETY LIMITED NO. 655, CHEMPAZHANTHY P.O, THIRUVANANTHAPURAM - 695 587 REPRESENTED BY ITS CONVENER.

6. CHEMPAZHANTHY SCHEDULED CASTE/SCHEDULED TRIBE SERVICE CO-OPERATIVE SOCIETY LIMITED NO. 655, REPRESENTED BY ITS SECRETARY, CHEMPAZHANTHY P.O, THIRUVANANTHAPURAM - 695 587 R BY SRI. G. GOPAKUMAR, GOVERNMENT PLEADER THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 30-11-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).No. 30402 of 2015 (A) ---------------------------------------- : 2 :

APPENDIX PETITIONER'S EXHIBITS :

----------------------------- EXHIBIT-P1-TRUE COPY OF THE IDENTITY CARD DATED 18/02/2004 ISSUED TO THE IST PETITIONER.

EXHIBIT-P2-TRUE COPY OF THE NOTIFICATION NO. E (1) 3266/2015/SCEC. EXHIBIT-P2(a)-TRUE COPY OF THE ENGLISH TRANSLATION OF EXHIBIT-P2. EXHIBIT-P3-TRUE COPY OF THE REPRESENTATION DATED 19/09/2015 SUBMITTED BY THE PETITIONER BEFORE THE 3RD RESPONDENT. EXHIBIT-P3(a)-TRUE COPY OF THE ENGLISH TRANSLATION OF EXHIBIT-P3. RESPONDENTS' EXHIBITS:NIL ----------------------------- /True Copy/ P.A to Judge.

rv

DAMA SESHADRI NAIDU, J.

---------------------------------- W.P. (C) No. 30402 of 2015 (A) ---------------------------------- Dated this the 30th day of November, 2015.

JUDGMENT

Heard the learned counsel for the petitioner and the learned Government Pleader, apart from perusing the record.

2. The petitioner, a member of the 6th respondent Cooperative Society, has a grievance that the 5th respondent administrative committee has been continuing at the helm of the affairs despite the expiry of its term.

3. The learned counsel for the petitioner has submitted that ventilating his grievance, the petitioner has submitted Ext.P3 representation before the third respondent. According to him, so far, the said authority has not considered the petitioner's representation. In the end, he has submitted that it will suffice if the writ petition is disposed of directing the third respondent to consider the petitioner's representation.

4. The learned Government Pleader, on his part, has submitted that the third respondent will consider the petitioner's Ext.P3 representation in accordance with law.

W.P.(C.) No.30402/2015 -2In the facts and circumstances, having regard to the submissions of the learned Counsel for the petitioner and the learned Government Pleader, this Court, without expressing any opinion on the merits of the matter, disposes of the writ petition with a direction to the 3rd respondent to consider the petitioner's Ext.P3 representation in accordance with law, after affording an opportunity of hearing to the petitioner, and pass appropriate orders thereon, as expeditiously as possible, at any rate, within one month from the date of receipt of a copy of this judgment.

sd/- DAMA SESHADRI NAIDU, JUDGE.

rv

W.P.(C.) No.30402/2015 -3-