Judgment:
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR. JUSTICE A.K.JAYASANKARAN NAMBIAR THURSDAY, THE22D DAY OF MAY20141ST JYAISHTA, 1936 WP(C).No. 30178 of 2004 ( ) ---------------------------- PETITIONER(S): --------------- THE BOARD OF MANAGEMENT OF KOODARANHI CO-OP. RURAL HOUSING SOCIETY LTD.NO.D.2323 P.O. KOODARANHI, KOZHIKODE, REPRESENTED BY ITS PRESIDENT P.K.GEORGE. BY ADVS.SRI.P.V.BABY SRI.A.N.SANTHOSH RESPONDENT(S): -------------- 1. THE ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES (GENERAL), KOZHIKODE.
2. THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES (GENERAL), KOZHIKODE. BY GOVERNMENT PLEADER SRI T.R.RAJESH THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON2205-2014, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 30178 of 2004 ( ) APPENDIX PETITIONER'S EXHIBITS: EXT.P1: TRUE PHOTOCOPY OF RESOLUTION DATED2911.1997 OF THE PETITIONER SOCIETY EXT.P2: TRUE PHOTOCOPY OF RESOLUTION DATED1507.2000 OF THE PETITIONER SOCIETY EXT.P3: TRUE PHOTO COPY OF NOTICE DATED282.2004 ISSUED BY THE2D RESPONDENT. EXT.P4: TRUE PHOTOCOPY OF RESOLUTION DATED2603.2004 OF THE PETITIONER SOCIETY EXT.P5: TRUE PHOTOCOPY OF ORDER
DATED199.2004 OF THE2D RESPONDENT. RESPONDENTS' EXHIBITS: NIL //TRUE COPY// P A TO JUDGE A.K.JAYASANKARAN NAMBIAR, J.
~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ W.P.(C).No.30178 of 2004 ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ Dated this the 22nd day of May, 2014
JUDGMENT
The petitioner is the board of management of Koodaranhi Co-operative Rural Housing Society. In the writ petition, what is impugned is Ext.P5 order of the 2nd respondent whereby the 2nd respondent, pursuant to audit objection noticed in connection with the availment of travelling allowances by the President of the petitioner Society, found that the amount availed by the president of the society towards travel allowances for the period from 1993-1994 to 1997-1998 could not be sanctioned. By the said order, the 2nd respondent also directed the petitioner Society to ensure repayment of the amount availed by the President as travelling allowances to the Society and report compliance to the 2nd respondent.
2. I have heard the learned Government Pleader on behalf of the respondents.
3. The statutory provision under the Kerala Co-operative Societies Rules that deals with the sanctioning of travelling allowances to members of the Committee is Rule 48 of the Co- W.P.(C).No.30178 of 2004 2 operative Societies Rules. As per the provisions of that Rule, the members of Co-operative Societies are entitled to be paid travelling allowances in accordance with the provisions in the bye-laws of the Society but subject to the maximum rates prescribed by the Registrar under Rule 48 Clause 5. The Circular, issued by the Registrar in exercise of the powers available to the Registrar under Rule 48(5) of the Kerala Co- operative Society Rules, which was in force during the relevant time is Circular No.19/95 dated 13.07.1995 whereunder the maximum limit of travelling allowance in respect of all Primary Housing Co-operative Societies was fixed at rupees one per kilometre for road journey in special conveyance. It is not in dispute in the instant case that the amounts sanctioned towards travelling allowances of the President of the petitioner Society was within the limits prescribed in the said Circular as also in accordance with the bye-laws of the Society. The order impugned in the writ petition, namely Ext.P5, does not disclose any tangible reason for the objections against the amount availed by way of travelling allowance by the President of the Society. The order only states that there was no explanation given by the Society as regards the reasons for the W.P.(C).No.30178 of 2004 3 travel. In the facts and circumstances of the case, I do not think that Ext.P5 order of the 2nd respondent can be legally sustained. In this view of the matter, I quash Ext.P5 order of the 2nd respondent and allow this writ petition without any order as costs. A.K.JAYASANKARAN NAMBIAR JUDGE mns/