Sanal Kumar Vs. the Joint Registrar - Court Judgment

SooperKanoon Citationsooperkanoon.com/1128442
CourtKerala High Court
Decided OnFeb-18-2014
JudgeHONOURABLE MR. JUSTICE A.V.RAMAKRISHNA PILLAI
AppellantSanal Kumar
RespondentThe Joint Registrar
Excerpt:
in the high court of kerala at ernakulam present: the honourable mr. justice a.v.ramakrishna pillai tuesday, the18h day of february201429th magha, 1935 wp(c).no. 20308 of 2012 (k) ---------------------------- petitioner : -------------------------- sanal kumar, s/o. krishnankutty, krishna house, vinobhanikethan.p.o., nedumangad, thiruvananthapuram. by adv. sri.r.v.sreejith respondent(s): ---------------------------- 1. the joint registrar, co-operative sangham office, nedumangad, thiruvananthapuram.pin-695 541 2. the assistant registrar, co-operative sangam office, nedumangad, thiruvananthapuram.pin-695 541 3. the secretary, nedumangad housing co-operative society no. 389, nedumangad, thiruvananthapuram.pin-695 541 *addl.r4 impleaded *addl.r4: the managing director, kerala state co-operative housing federation ltd.no.4330, ernakulam, kochi-16. *addl.r4 is impleaded as per order dated1411/2012 in ia.no.15193/12. r1 & r2 by sr government pleader sri.p.fazil r3 by adv. smt.m.hemalatha addl.r4 by adv. sri.a.n.rajan babu this writ petition (civil) having been finally heard on1802-2014, the court on the same day delivered the following: sts wp(c)no.20308/2012 appendix petitioner(s) exhibits exhibit-p1- true copy of the circular no. 49/2010 issued by the registrar of co-operative societies dated2008/2010. exhibit-p2- true copy of the circular2412 (no. c.p (4) 29491/2012) dated2306/2012. exhibit-p3- true copy of the representation submitted by the petitioner to the3d respondent. respondents' exhibits : exhibit r3(a) true copy of the sanction order by the kerala state co- operative housing federation bearing no.32690/ls/86 dated228/1986 exhibit r3(b) true copy of the loan application exhibit r3(c) true copy of the mortgage deed dated39/86 exhibit r3(d) true copy of the judgment of the arbitration court dated2411/1994 exhibit r3(e) true copy of the e.a.no.110 of1999dated1110/1999 exhibit r3(f) true copy of the acknowledgement dated26/04 exhibit r3(g) true copy of the acknowledgement dated188/04 exhibit r3(h) true copy of the notice dated512/2006 exhibit r3(i) true copy of the notice dated62/2008 exhibit r3(j) true copy of the reply exhibit r3(k) true copy of the acknowledgement exhibit r3(l) true copy of the request exhibit r3(m) true copy of the reply exhibit r3(n) true copy of the acknowledgment /true copy/ sts p.a.to.judge a.v.ramakrishna pillai, j.= = = = = = = = = = = = = = = w.p(c) no.20308 of 2012 = = = = = = = = = = = = = = = dated this the 18th day of february, 2014 judgment the petitioner has come up before this court with the grievance that though he had approached the respondent society expressing his willingness to clear off the account, in accordance with ext.p2 circular, that benefit was not extended to him.2. the petitioner is a rubber tapper. his father had availed a loan from the respondent society. the respondent society approached the arbitration court in arc, which passed an award in favour of the society. the said award was put to execution.3. the petitioner alleges that though his father had availed a loan of 27,000/- from the respondent society, the society calculated the dues as 2,40,000/-. this, according to the petitioner, is against exts.p1 and p2 circulars. according to the petitioner, though he approached the respondent society expressing his willingness, the society has not permitted him to settle the account. wp(c).20308/12 -:2:- 4. in the counter affidavit filed by the 3rd respondent, they have contended that ext.p2 is not applicable to the society. it was further contended that ext.p3 has already been considered by the society and due reply was given to the petitioner. therefore, they prayed for a dismissal of the writ petition.5. this court by order dated 27.08.2012 granted an interim stay on the petitioner remitting a sum of 54,000/- within one month from that day. the 3rd respondent in their counter submitted that the petitioner has remitted an amount of 54,000/- on 05.09.2012 and after deducting the said amount, an amount of 91,860/- as on 30.09.2012 was due to the society.6. i have heard the learned counsel for the petitioner, the learned counsel for the 3rd respondent society and the learned counsel for the 4th respondent.7. admittedly, the respondent society has obtained an award in their favour against the petitioner's father and now, after the death of the petitioner's father, the petitioner is being proceeded against, he being the legal representative. it is relevant to note that the petitioner has not challenged the award. wp(c).20308/12 -:3:- 8. the grievance of the petitioner is that the benefit of ext.p1 circular dated 20.08.2010 and ext.p2 circular dated 23.6.2012 are not extended to him. in the counter affidavit filed by the 3rd respondent, they have expressed genuine reasons for not extending the benefits. however, it was pointed out that the state government has introduced a scheme "aswas 2014", which will expire during march, 2014.9. considering the entire facts and circumstances of the case, this court is of the view that the writ petition can be disposed of permitting the petitioner to approach the respondent society to avail of the said benefit with a representation. therefore, the writ petition is disposed of permitting the petitioner to approach the 3rd respondent society with a representation claiming the benefits under the scheme "aswas 2014" at the earliest. in the event of filing such a representation, the 3rd respondent shall consider the same and pass appropriate orders without delay. sd/- a.v.ramakrishna pillai judge krj
Judgment:

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR. JUSTICE A.V.RAMAKRISHNA PILLAI TUESDAY, THE18H DAY OF FEBRUARY201429TH MAGHA, 1935 WP(C).No. 20308 of 2012 (K) ---------------------------- PETITIONER : -------------------------- SANAL KUMAR, S/O. KRISHNANKUTTY, KRISHNA HOUSE, VINOBHANIKETHAN.P.O., NEDUMANGAD, THIRUVANANTHAPURAM. BY ADV. SRI.R.V.SREEJITH RESPONDENT(S): ---------------------------- 1. THE JOINT REGISTRAR, CO-OPERATIVE SANGHAM OFFICE, NEDUMANGAD, THIRUVANANTHAPURAM.PIN-695 541 2. THE ASSISTANT REGISTRAR, CO-OPERATIVE SANGAM OFFICE, NEDUMANGAD, THIRUVANANTHAPURAM.PIN-695 541 3. THE SECRETARY, NEDUMANGAD HOUSING CO-OPERATIVE SOCIETY NO. 389, NEDUMANGAD, THIRUVANANTHAPURAM.PIN-695 541 *ADDL.R4 IMPLEADED *ADDL.R4: THE MANAGING DIRECTOR, KERALA STATE CO-OPERATIVE HOUSING FEDERATION LTD.NO.4330, ERNAKULAM, KOCHI-16. *ADDL.R4 IS IMPLEADED AS PER ORDER

DATED1411/2012 IN IA.NO.15193/12. R1 & R2 BY SR GOVERNMENT PLEADER SRI.P.FAZIL R3 BY ADV. SMT.M.HEMALATHA ADDL.R4 BY ADV. SRI.A.N.RAJAN BABU THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON1802-2014, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: sts WP(C)NO.20308/2012 APPENDIX PETITIONER(S) EXHIBITS EXHIBIT-P1- TRUE COPY OF THE CIRCULAR NO. 49/2010 ISSUED BY THE REGISTRAR OF CO-OPERATIVE SOCIETIES DATED2008/2010. EXHIBIT-P2- TRUE COPY OF THE CIRCULAR2412 (NO. C.P (4) 29491/2012) DATED2306/2012. EXHIBIT-P3- TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER TO THE3D RESPONDENT. RESPONDENTS' EXHIBITS : EXHIBIT R3(A) TRUE COPY OF THE SANCTION ORDER

BY THE KERALA STATE CO- OPERATIVE HOUSING FEDERATION BEARING NO.32690/LS/86 DATED228/1986 EXHIBIT R3(B) TRUE COPY OF THE LOAN APPLICATION EXHIBIT R3(C) TRUE COPY OF THE MORTGAGE DEED DATED39/86 EXHIBIT R3(D) TRUE COPY OF THE JUDGMENT

OF THE ARBITRATION COURT DATED2411/1994 EXHIBIT R3(E) TRUE COPY OF THE E.A.NO.110 OF1999DATED1110/1999 EXHIBIT R3(F) TRUE COPY OF THE ACKNOWLEDGEMENT DATED26/04 EXHIBIT R3(G) TRUE COPY OF THE ACKNOWLEDGEMENT DATED188/04 EXHIBIT R3(H) TRUE COPY OF THE NOTICE DATED512/2006 EXHIBIT R3(I) TRUE COPY OF THE NOTICE DATED62/2008 EXHIBIT R3(J) TRUE COPY OF THE REPLY EXHIBIT R3(K) TRUE COPY OF THE ACKNOWLEDGEMENT EXHIBIT R3(L) TRUE COPY OF THE REQUEST EXHIBIT R3(M) TRUE COPY OF THE REPLY EXHIBIT R3(N) TRUE COPY OF THE ACKNOWLEDGMENT /TRUE COPY/ sts P.A.TO.JUDGE A.V.RAMAKRISHNA PILLAI, J.

= = = = = = = = = = = = = = = W.P(C) No.20308 of 2012 = = = = = = = = = = = = = = = Dated this the 18th day of February, 2014 JUDGMENT

The petitioner has come up before this Court with the grievance that though he had approached the respondent society expressing his willingness to clear off the account, in accordance with Ext.P2 circular, that benefit was not extended to him.

2. The petitioner is a rubber tapper. His father had availed a loan from the respondent society. The respondent society approached the Arbitration Court in ARC, which passed an award in favour of the society. The said award was put to execution.

3. The petitioner alleges that though his father had availed a loan of 27,000/- from the respondent society, the society calculated the dues as 2,40,000/-. This, according to the petitioner, is against Exts.P1 and P2 circulars. According to the petitioner, though he approached the respondent society expressing his willingness, the society has not permitted him to settle the account. WP(C).20308/12 -:2:- 4. In the counter affidavit filed by the 3rd respondent, they have contended that Ext.P2 is not applicable to the society. It was further contended that Ext.P3 has already been considered by the society and due reply was given to the petitioner. Therefore, they prayed for a dismissal of the writ petition.

5. This Court by order dated 27.08.2012 granted an interim stay on the petitioner remitting a sum of 54,000/- within one month from that day. The 3rd respondent in their counter submitted that the petitioner has remitted an amount of 54,000/- on 05.09.2012 and after deducting the said amount, an amount of 91,860/- as on 30.09.2012 was due to the society.

6. I have heard the learned counsel for the petitioner, the learned counsel for the 3rd respondent society and the learned counsel for the 4th respondent.

7. Admittedly, the respondent society has obtained an award in their favour against the petitioner's father and now, after the death of the petitioner's father, the petitioner is being proceeded against, he being the legal representative. It is relevant to note that the petitioner has not challenged the award. WP(C).20308/12 -:3:- 8. The grievance of the petitioner is that the benefit of Ext.P1 circular dated 20.08.2010 and Ext.P2 circular dated 23.6.2012 are not extended to him. In the counter affidavit filed by the 3rd respondent, they have expressed genuine reasons for not extending the benefits. However, it was pointed out that the State Government has introduced a Scheme "Aswas 2014", which will expire during March, 2014.

9. Considering the entire facts and circumstances of the case, this Court is of the view that the writ petition can be disposed of permitting the petitioner to approach the respondent society to avail of the said benefit with a representation. Therefore, the writ petition is disposed of permitting the petitioner to approach the 3rd respondent society with a representation claiming the benefits under the Scheme "Aswas 2014" at the earliest. In the event of filing such a representation, the 3rd respondent shall consider the same and pass appropriate orders without delay. Sd/- A.V.RAMAKRISHNA PILLAI JUDGE krj