C R Paulose Vs. the Khadi and Village Industries - Court Judgment

SooperKanoon Citationsooperkanoon.com/1095300
CourtKerala High Court
Decided OnOct-08-2013
JudgeHONOURABLE MR.JUSTICE K.VINOD CHANDRAN
AppellantC R Paulose
RespondentThe Khadi and Village Industries
Excerpt:
in the high court of kerala at ernakulam present: the honourable mr.justice k.vinod chandran tuesday, the8h day of october201316th aswina, 1935 wp(c).no.29553 of 2012 (t) ---------------------------- petitioner: ---------- c.r.paulose, aged55years, s/o. raphael, chulli house, mavelippady, koovappady p.o., perumbavoor, ernakulam district. by adv. sri.s.shanavas khan respondents: ----------- 1. the khadi and village industries board, vanchiyoor, thiruvananthapuram, represented by its secretary-695001.2. the project officer, district khadi and village industries, kaloor, kochi-682017.3. the district treasury officer, district treasury, ernakulam-682011.4. the secretary, hand made paper and village industries co-operative society ltd no.16. koovappady, ernakulam district-682011. r1 & 2 by adv. sri.r.s.hari kumar, sc, kerala khadi and village industries board by government pleader, sri.d.somasundaram this writ petition (civil) having been finally heard on0810-2013, the court on the same day delivered the following: wp(c).no.29553 of 2012 (t) appendix petitioner's exhibits: exhibit.p1: true copy of the document disclosing the details of shareholders. exhibit.p2: true copy of the revenue recovery notice issued to one of the committee members. exhibit.p3: true copy of the judgment dated32.2005 in o.p.no.35867/2002 of this hon'ble court. exhibit.p4: true copy of the rperesentation dated69.2007 submitted by the office bearers of the society before the first and second respondents. exhibit.p5: true copy of the ledger extract received from district treasury, ernakulam. respondents' exhibits:nil. /true copy/ p.a.to judge. ln k.vinod chandran, j.--------------------------------------- w.p.(c)no.29553 of 2012 ---------------------------------------------- dated this the 8th day of october, 2013 judgment the petitioner claims to be the president of the shareholders of aimuri hand made paper and village industries co-operative society ltd. no.16, the secretary of which is seen to be impleaded as the fourth respondent.2. the petitioner's contention is that the society has become defunct and the property of the society was brought to sale for debt dues to the first respondent. after satisfaction of the debts, the first respondent had kept the balance amounts out of the sale consideration in a fixed deposit maintained with the third respondent. the petitioner claims that since the society itself is defunct, the amount so deposited may be released to the shareholders or workers of the society.3. the learned standing counsel for the first and second respondents submit that no such funds can be divided as the same is prohibited under section 55 of the w.p.(c)no.29553 of 2012 2 kerala co-operative societies act, 1956 (hereinafter referred as "societies act"). the learned standing counsel also points out section 71 of the societies act by which the registrar has the capacity to initiate proceedings for winding up, but on such application being made by any of the shareholders or by the society itself. it is seen from the cause title that the name of the society is not properly shown while making the secretary a party and no service has been effected on the 4th respondent.4. in such circumstances, this court is of the opinion that no orders can be issued in the writ petition and the writ petition is closed. however, reserving the liberty of any shareholders to approach the second respondent for winding up proceedings under section 71 of the societies act. no costs. sd/- k.vinod chandran, judge. ln
Judgment:

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN TUESDAY, THE8H DAY OF OCTOBER201316TH ASWINA, 1935 WP(C).No.29553 of 2012 (T) ---------------------------- PETITIONER: ---------- C.R.PAULOSE, AGED55YEARS, S/O. RAPHAEL, CHULLI HOUSE, MAVELIPPADY, KOOVAPPADY P.O., PERUMBAVOOR, ERNAKULAM DISTRICT. BY ADV. SRI.S.SHANAVAS KHAN RESPONDENTS: ----------- 1. THE KHADI AND VILLAGE INDUSTRIES BOARD, VANCHIYOOR, THIRUVANANTHAPURAM, REPRESENTED BY ITS SECRETARY-695001.

2. THE PROJECT OFFICER, DISTRICT KHADI AND VILLAGE INDUSTRIES, KALOOR, KOCHI-682017.

3. THE DISTRICT TREASURY OFFICER, DISTRICT TREASURY, ERNAKULAM-682011.

4. THE SECRETARY, HAND MADE PAPER AND VILLAGE INDUSTRIES CO-OPERATIVE SOCIETY LTD NO.16. KOOVAPPADY, ERNAKULAM DISTRICT-682011. R1 & 2 BY ADV. SRI.R.S.HARI KUMAR, SC, KERALA KHADI AND VILLAGE INDUSTRIES BOARD BY GOVERNMENT PLEADER, SRI.D.SOMASUNDARAM THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON0810-2013, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No.29553 of 2012 (T) APPENDIX PETITIONER'S EXHIBITS: EXHIBIT.P1: TRUE COPY OF THE DOCUMENT DISCLOSING THE DETAILS OF SHAREHOLDERS. EXHIBIT.P2: TRUE COPY OF THE REVENUE RECOVERY NOTICE ISSUED TO ONE OF THE COMMITTEE MEMBERS. EXHIBIT.P3: TRUE COPY OF THE JUDGMENT

DATED32.2005 IN O.P.NO.35867/2002 OF THIS HON'BLE COURT. EXHIBIT.P4: TRUE COPY OF THE RPERESENTATION DATED69.2007 SUBMITTED BY THE OFFICE BEARERS OF THE SOCIETY BEFORE THE FIRST AND SECOND RESPONDENTS. EXHIBIT.P5: TRUE COPY OF THE LEDGER EXTRACT RECEIVED FROM DISTRICT TREASURY, ERNAKULAM. RESPONDENTS' EXHIBITS:NIL. /TRUE COPY/ P.A.TO JUDGE. ln K.VINOD CHANDRAN, J.

--------------------------------------- W.P.(C)No.29553 of 2012 ---------------------------------------------- Dated this the 8th day of October, 2013 JUDGMENT

The petitioner claims to be the President of the shareholders of Aimuri Hand Made Paper and Village Industries Co-operative Society Ltd. No.16, the Secretary of which is seen to be impleaded as the fourth respondent.

2. The petitioner's contention is that the Society has become defunct and the property of the Society was brought to sale for debt dues to the first respondent. After satisfaction of the debts, the first respondent had kept the balance amounts out of the sale consideration in a fixed deposit maintained with the third respondent. The petitioner claims that since the Society itself is defunct, the amount so deposited may be released to the shareholders or workers of the Society.

3. The learned Standing Counsel for the first and second respondents submit that no such funds can be divided as the same is prohibited under Section 55 of the W.P.(C)No.29553 of 2012 2 Kerala Co-operative Societies Act, 1956 (hereinafter referred as "Societies Act"). The learned Standing Counsel also points out Section 71 of the Societies Act by which the Registrar has the capacity to initiate proceedings for winding up, but on such application being made by any of the shareholders or by the Society itself. It is seen from the cause title that the name of the Society is not properly shown while making the Secretary a party and no service has been effected on the 4th respondent.

4. In such circumstances, this Court is of the opinion that no orders can be issued in the writ petition and the writ petition is closed. However, reserving the liberty of any shareholders to approach the second respondent for winding up proceedings under Section 71 of the Societies Act. No costs. Sd/- K.VINOD CHANDRAN, JUDGE. ln