Sreedharan Nair v. The Government Of Kerala
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE THE CHIEF JUSTICE MR.ASHOK BHUSHAN & THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE MONDAY, THE 30TH DAY OF NOVEMBER 2015/9TH AGRAHAYANA, 1937 WP(C).No. 35787 of 2015 (S) ---------------------------- PETITIONER :
---------------------- SREEDHARAN NAIR S/O. RAMAN NAMBIAR, AGED 60 YEARS PRABHA HOUSE, CHEMANCHERRY P.O., POOKKAD, KOYILANDY, PIN - 673 304 KOZHIKODE DISTRICT.
BY ADVS.SRI.U.P.BALAKRISHNAN SRI.ABDUL RAOOF PALLIPATH SRI.K.R.AVINASH (KUNNATH) RESPONDENT(S) :
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1. THE GOVERNMENT OF KERALA REPRESENTED BY SECRETARY TO GOVERNMENT LOCAL SELF GOVERNMENT INSTITUTIONS DEPARTMENT THIRUVANANTHAPURAM.
2.
THE KERALA RURAL EMPLOYMENT AND WELFARE SOCIETY REPRESENTED BY IT'S SECRETARY SWARAJ BHAVAN, BASEMENT (-I) NORTH BLOCK NANTHANCODE, KOWDIAR THIRUVANANTHAPURAM , PIN - 695 003.
3.
SOOPPY NARIKKATTERI, CHAIRMAN THE KERALA RURAL DEVELOPMENT AND WELFARE SOCIETY SWARAJ BHAVAN, BASEMENT (-I) NORTH BLOCK NANTHANCODE, KOWDIAR THIRUVANANTHAPURAM , PIN - 695 003.
4.
C.K. ABDUL RAZAK S/O. HUSSAIN, CHENGANAKKATTIL, PERUMANNA P.O. VAZHAKKULAM, MALAPPURAM DISTRICT PIN - 679 325.
...2/-
WP(C).No. 35787 of 2015 (S) -25. REMAKUMARI VIMALAMMA RAMANKUTTY NAIR NALUKETTU VILAKATH, MALAYANKEEZH P.O., THIRUVANANTHAPURAM, PIN - 695 571.
6.
HARNAD VIGNESWAR BHAT S/O. GOPALAKRISHNA BHAT, MANATTIKKUNDU HOUSE P.O. KOLICHAL, KASARGOD DISTRICT PIN - 671 532.
7.
VINODKUMAR S/O. SUGHDEV, PANDAVATH HOUSE P.O. PALLANA, ALAPPUZHA DISTRICT PIN - 690 515.
8.
KERALA GRAMA JYOTHI LIGHTING PRIVATE LIMITED REPRESENTED BY MANAGING DIRECTOR MP 1/378A, KINFRA SMALL INDUSTRIES P.O. MAIPADY, KASARGOD DISTRICT PIN - 671 124.
R1 BY SR. GOVT. PLEADER SRI. P.I. DAVIS R3 BY SENIOR ADVOCATE SRI.S.SREEKUMAR BY ADVS. SRI.P.MARTIN JOSE SRI.P.PRIJITH SRI.THOMAS P.KURUVILLA THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 30-11-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
Mn ...3/-
WP(C).No. 35787 of 2015 (S) APPENDIX PETITIONER'S EXHIBITS :
EXT.P1 : COPY OF THE MEMORANDUM AND ARTICLES OF ASSOCIATION OF KREWS.
EXT.P2 COPY OF THE GOVT. ORDER DATED 2.3.2015.
EXT.P3 COPY OF THE PUBLIC PRIVATE PARTNERSHIP AGREEMENT DATED 17.6.2015.
EXT.P4 COPY OF THE MEMORANDUM OF ASSOCIATION AND ARTICLES OF ASSOCIATION OF KERALA GRAM JYOTHI LIGHTING PRIVATE LIMITED. RESPONDENT'S EXHIBITS : NIL //TRUE COPY// P.S. TO JUDGE Mn
ASHOK BHUSHAN, C.J. & A.M. SHAFFIQUE, J.
- - - - - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C) No. 35787 OF 2015 - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 30th day of November, 2015
JUDGMENT
Ashok Bhushan, C.J.
Heard learned counsel for the petitioner and learned Government Pleader.
2. The petitioner has filed this writ petition as Public Interest Litigation seeking for the following reliefs: "i) issue a writ of mandamus or such other writ or order directing the 2nd respondent to withdraw the respondent 3 from the chairmanship and 4 to 7 from the directorship of the Kerala Grama Jyothi Lighting Private Limited company.
ii) issue a writ of quo-warranto or any other writs declare that the respondents number 3 to 7 are not eligible to hold the post of directorship in the Kerala Grama Jyothi Lighting Private Limited company."
3. The petitioner is stated to be a resident of Chemancherry Grama Panchayat of Kozhikode District. The 2nd respondent, Kerala Rural Employment and Welfare Society is an autonomous society registered under the Travancore-Cochin Literary, Scientific and Charitable Societies Registration Act,
WP(C) No. 35787 of 2015 -:2:- 1955. The 3rd respondent is the Chairman of the 2nd respondent Society. Respondent Nos.4 to 7 were appointed by the Government of Kerala as Directors of the 2nd respondent Society. The 2nd respondent entered into a publicprivate partnership with 8th respondent-M/s.Kerala Grama Jyothi Lighting Private Limited. The Memorandum of Association of 8th respondent has been brought on record by the petitioner as Ext.P4. The petitioner's prayer in the writ petition is to withdraw the 3rd respondent from the Chairmanship and respondents 4 to 7 from the Directorship of 8th respondent firm.
4. Learned Government Pleader submits that the prayer of the petitioner is even contrary to the Memorandum of Association of 8th respondent Company. Be that as it may, the issues which are sought to be raised in the writ petition relates to continuance or non-continuance of private respondents as Chairman and Directors of a private company, which cannot be entertained in this Public Interest Litigation.
WP(C) No. 35787 of 2015 -:3:- Petitioner is free to take such remedy as permissible under the Companies Act or other statutory forum available to the petitioner.
With the above observation, the Writ Petition is closed.
Ashok Bhushan, Chief Justice.
A.M. Shaffique, Judge.
ttb/30/11