Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT:- THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN WEDNESDAY, THE26H DAY OF MARCH20145TH CHAITHRA, 1936 W.P.(C).No.26362 of 2012 (U) --------------------------------------------------- PETITIONER(S):- -------------------------- A. SURENDRAN, GENERAL SECRETARY, KAITHARI NEYTHE THOZHILALI UNION (JTUC), REG NO01 35/98, THIRUVANANTHAPURAM DISTRICT COMMITTEE, ENGARAKARA, BALARAMAPURAM P.O, THIRUVANANTHAPURAM BY ADVS.SRI.B.S.SWATHY KUMAR SMT.P.V.SOBHANA SMT.V.BEENA SMT.K.V.SUPRABHA. RESPONDENT(S):- ---------------------------- 1. THE DIRECTOR OF HANDLOOMS AND TEXTILES, VIKAS BHAVAN,PALAYAM, THIRUVANANTHAPURAM, PIN - 695033.
2. PERINGAMALA VIJAYAN @ S. VIJAYAN, CHAIRMAN, THE KERALA STATE HANDLOOM WEAVERS CO-OPERATIVE SOCIETY LTD- HANTEX, H.732, OOTUKUZHI, THIRUVANANTHAPURAM, PIN - 695001. R1 BY GOVERNMENT PLEADER SRI.JOSEPH GEORGE. R2 BY ADV.SRI.P.N.MOHANAN BY ADV. SRI.T.M.RAMAN KARTHA, SC, HANTEX. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON2603-2014, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:- W.P.(C).NO.26362 OF2012U APPENDIX PETITIONER'S EXHIBITS:- ------------------------------------- EXT.P1 TRUE COPY OF THE REPRESENTATION FILED BY THE PETITIONER BEFORE THE1T RESPONDENT DATED95.2012. EXT.P2 TRUE COPY OF THE LAWYERS NOTICE TO THE1T RESPONDENT DATED2409.2012. EXT.P3 TRUE COPY OF THE COMMUNICATION NO.1481/E3/2011/LABOUR DATED221.2011. EXT.P4 TRUE COPY OF THE COMMUNICATION NO.2072/H3/11/LABOUR DATED22.2011. EXT.P5 TRUE COPY OF THE COMMUNICATION NO.O.529/13 DATED72.2013. EXT.P6 TRUE COPOY OF THE JUDGMENT
IN W.P.(C).NO.2697/2013 DATED291.2013. RESPONDENTS' EXHIBITS:- ---------------------------------------- EXT.R2(a) TRUE COPY OF THE COMMUNICATION DATED107.2012 ISSUED BY THE JSS PARTY. EXT.R2(b) TRUE COPY OF THE REQUEST OF THE PETITIONER DATED171.2002. EXT.R2(c) TRUE COPY OF THE ADMISSION REGISTER OF PERINGAMALA HANDLOOM CO-OPERATIVE SOCIETY OF THE2D RESPONDENT. EXT.R2(d) - TRUE COPY OF THE ADMISSION REGISTER OF VINOBHA HANDLOOM CO-OPERATIVE SOCIETY OF THE SECOND RESPONDENT. EXT.R2(e) TRUE COPY OF THE GENERAL BODY MEETING HELD ON181.96. EXT.R2(f) TRUE COPY OF THE APPROVAL ORDER
DATED65.96 OF THE DISTRICT INDUSTRIES CENTRE. EXT.R2(g) TRUE COPY OF THE COMMUNICATION DATED147.99. EXT.R2(h) TRUE COPY OF THE AMENDMENTS CERTIFICATE ALONG WITH AMENDMENT. EXT.R2(i) TRUE COPY OF THE ELECTION NOTIFICATION DATED2112.2009 OF THE CO-OPERATIVE ELECTION COMMISSION. Vku/- ( true copy ) K.Vinod Chandran, J.
------------------------------ W.P.(C).No.26362 of 2012-U ------------------------------ Dated this the 26th day of March, 2014 JUDGMENT
The petitioner prays for a disposal of Exhibit P1 representation, which he has filed before the 1st respondent against the 2nd respondent. The 2nd respondent, admittedly, is the Chairman of the Kerala State Handloom Weavers' Co-operative Society. The petitioner's contention in Exhibit P1 is that, the 2nd respondent had obtained membership in a Harijan Handloom Co-operative Society and has changed the classification of the Society, so as to contest in the election to the Managing Committee of that Society.
2. Admittedly the 2nd respondent successfully contested the election to the Managing Committee of the Society and had also been nominated as the representative of the said Society to the HANTEX, which is the apex Society. In the apex Society, the 2nd respondent had again contested the election and has now been elected as the Chairman. The election to the post of Chairman was in the year 2010. The application now filed is in the WP(C).No.26362 of 2012 - 2 - year 2012. The specific contention of the 2nd respondent is that, the petitioner having not filed any election petition, what is attempted now is, indirectly to set at naught the election of the 2nd respondent. This Court is persuaded to accept the said contention of the 2nd respondent. The writ petition, hence, stands dismissed. No costs. Sd/- K.Vinod Chandran, Judge vku. ( true copy )