Court : Kerala
Reported in : AIR2003Ker10
ORDER NO. S.C.T.M. 589/2002 DT. 12.2.2002 BY THE JOINT REGISTRAR (GENERAL) OF CO-OPERATIVE SOCIETIES, IDUKKI.EXT.P5 TRUE COPY OF THE DECISION OF THE ADMINISTRATOR DT. 13.2.2002.EXT.P6 TRUE COPY OF THE DECISION DT. 13.2.2002 ADDRESSED MANAGING DIRECTOR, KERALA STATE CO-OPERATIVE MARKETING FEDERATION LTD BY THE ADMINISTRATOR.EXT.P7 TRUE COPY OF THE LETTER NO. MP(1)4932/2002 DT. 19.2.2002 ISSUED BY THE REGISTRAR OF CO-OPERATIVE SOCIETIES TO THE MANAGING DIRECTOR, KERALA STATE CO-OPERATIVE MARKETING FEDERATION.EXT.P8 TRUE COPY OF THE PROCEEDINGS OF THE REGISTRAR OF CO-OPERATIVE SOCIETIES NO. MP(5)44158/01 DT. 21.3.2002.RESPONDENTS' EXHIBITS:EXT.R2(A) TRUE COPY OF THE POSTAL COVER & REGISTRATION LETTER.EXT.R2(B) TRUE COPY OF THE RESIGNATION LETTER BY THE SECOND, THIRD AND FOURTH PETITIONERS.EXT.R2(C) TRUE COPY OF THE LETTER SENT BY T.P. POULOSE TO THE ASST. REGISTRAR GENERAL, THODUPUZHA DT. 11.2.2002 WITH THE RESIGNATION LETTER OF T.P. POULOSE TO THE PRESIDENT....
Tag this Judgment!Court : Kerala
Reported in : AIR1996Ker26
ORDER1. These are three petitions practically dealing with identical contentions. Although the first petition (O.P.1019/1995) is by the petitioner farmer and the other two petitions (O.P. Nos. 1174 and 2463 of 1995) are by the dealers in agricultural machineries, apart from other technical contentions and questions raised and involved, the main issue is whether the circular-dated March 30, 1989 by the Registrar of Co-operative Societies, Trivandrum and similar consequential directions issued by the concerned departments of Co-operative Societies of other concerned Districts is an infringement of the fundamental right guaranteed under Article 19(1)(g) of the Constitution of India or in the nature of a reasonable restriction justifiable under Article 19(6) thereof.2. Illustratively the petitioner in O.P. No. 1174/1995 is a dealer at Kasaragod in agricultural machineries such as pump sets, sprayers etc. The petitioner deals in ISI marked articles. He is the president of the Kerala Agro Ma...
Tag this Judgment!Court : Kerala
Reported in : 2004(1)KLT383
K. Balakrishnan Nair, J. O.P. No. 30031 of 2002 1. The petitioner in this Original Petition is the President of the Imury (East) Ksheerolpadaka Co-operative Society Ltd. No. E.68(D). The election to the Managing Committee of the said Society was held on 7.9.2002 and the new Committee under the Presidentship of the petitioner assumed charge on 12.9.2002. This Original Petition is filed by him challenging Ext.P3 order of the Government allowing the appeal filed by the members of the previous Managing Committee against the order of supersession of that Committee under Section 32 of the Kerala Cooperative Societies Act. The brief facts of the case are the following:2. The previous Managing Committee assumed charge on 19.10.2000. That Committee was superseded by order dated 28.9.2001 by the 2nd respondent, Deputy Director of Dairy Development. The then Managing Committee members challenged the said order by filing O.P. No. 29809/2001. The said Original Petition was disposed of by judgment d...
Tag this Judgment!Court : Kerala
Reported in : 2004(3)KLT25
M. Ramachandran, J.1. The Convenor of the Disciplinary Sub Committee constituted by the Director Board of Elikulam Service Co-operative Bank Limited (1st respondent herein) had advised the petitioner, by communication dated 16.10.2001, that in furtherance of the memo that had been issued to him dated 23.7.2001 after due enquiries it had been found that the petitioner was at fault, duly taking notice of the gravity of the lapses. According to him, though it was a case of serious indiscipline, taking notice of the circumstance that there was no past similar conduct from his part, it had been decided to bar two increments with cumulative effect. Ext.P1 is the order. During the period concerned, the petitioner was working in the cadre of Accountant, but working as Branch Manager of Karakkulam Branch of the Bank. He had been kept under suspension during the period of enquiry.2. Normal remedy, which might have been admissible to the petitioner, is an appeal as prescribed under Rule 198(4) of...
Tag this Judgment!Court : Kerala
Reported in : 2005(1)KLT572
K.A. AbduI Gafoor, J.1. These Writ Petitions have been referred for consideration by a Division Bench as the learned Single Judge felt that the matter regarding award of pendente lite interest in the disputes of monetary transaction raised under S .69 of the Co-operative Societies Act, 1969 (hereinafter referred to as 'the Act') requires further consideration.2. Many of the Writ Petitions have been filed by the Co-operative Societies which advanced loans to the members or customers, as the case may be. The loans included agricultural loan, housing loan and commercial loan. In all these cases, there was default in repayment. This resulted in filing the claim petitions before the Arbitrator by the respective co-operative societies/banks under Section 69 of the Act. The Arbitrators passed awards directing the loanees to pay interest at contract rate. That interest covered the post award period as well. Loanees went in Appeal/Revision either immediately after passing of the awards or when ...
Tag this Judgment!Court : Kerala
Reported in : 2003(2)KLT519
Cyriac Joseph, J.1. The appellant is the petitioner in O.P. No. 35551/2002 which was disposed of by the learned Single Judge on 11.12.2002 as per the impugned judgment.2. The appellant was a candidate in the election held to the Board of Directors of the Kothamangalam Service Co-operative Bank on 26.12.1999. He was defeated in the election. He raised an election dispute under Section 69 of the Kerala Co-operative Societies Act (for short 'the Act'). The said dispute was registered as A.R.C. No. 226/2002. As per the award in A.R.C. No. 226/2002, the election was set aside. The elected members of the Board of Directors filed an appeal before the Kerala Co-operative Tribunal as A.P. No. 76/2002. Along with the appeal, the appellants filed LA. Nos. 415/2002 and 419/2002. LA. No. 415/2002 was for stay of the award and LA. No. 419/2002 was for reinstatement of the appellants as members of the Board of Directors, since an Administrator had already assumed charge pursuant to the setting aside ...
Tag this Judgment!Court : Kerala
Reported in : 2005(1)KLT440
N.K. Sodhi, C.J.1. This order will dispose of three Writ Appeals and one Writ Petition in which common questions of law and fact are involved and the Writ Appeals arise out of a common order passed by the learned Single Judge dismissing the Writ Petitions filed by the appellants. Since arguments were addressed in W.A. No. 545 of 2002, the facts are being taken from this case.2. By notification dated 26th October, 1999 the Kerala State Public Service Commission (for short 'the Commission') invited applications from eligible candidates for appointment to the posts of Clerks/Cashiers in the 14 District Co-operative Banks in the State of Kerala. 50 per cent of the vacancies in each district were reserved for the employees of the Primary Co-operative Societies and the remaining 50 per cent had to be filled up by open competition and candidates had the option to apply for both the category of vacancies. The appellants who are employees of the Primary Co-operative Societies which are affiliat...
Tag this Judgment!Court : Kerala
Reported in : 2009(2)KLJ262
Thottathil B. Radhakrishnan, J.1. The polling for the election to the committee of the second respondent co-operative society was held from 8 a.m. to 4 p.m. on 8.2.2009 in terms of Rule 35A of the Kerala Co-operative societies Rules, 1969, hereinafter referred to as the 'Rules', following Ext.P1 notification issued by the state co-operative Election Commission. In terms of the averments of the first respondent, the Secretary of that society, the election process, including the declaration of result was over by about 9 p.m. on that day. According to him, the President of the committee which was to demit office and respondents 3 and 6 to 8 requested the Secretary in writing, to convene a meeting of the newly elected managing committee at 11 a.m. on the next day, 9.2.2009, to assume charge. Ext.R1(a) is issued under the signature of those persons expressing their desire to enter on office at 11 a.m. on 9.2.2009 itself. According to the Secretary, he drew up the notices convening the meeti...
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Reported in : AIR1972Ker93
ORDERM.U. Isaac, J.1. The first petitioner is the mother of the second petitioner. The third respondent, the Multi-purpose Co-operative Society Ltd. No. 1240, Kulasekharapuram, obtained an award against the first petitioner for a sum of Rs. 826, and against the 2nd petitioner for a sum of Rs. 698. The second respondent, the Sales Officer, District Co-operative Bank, Quilon issued a notice of demand Ext. P-1 to the first petitioner and a notice of demand Ext. P-2 to the second petitioner calling upon them to pay the respective amounts due from each of them. This was followed by attachment of certain moveables belonging to the first petitioner, and certain immovable properties belonging to the petitioners. Exts. P-3 and P-4. both dated 28-6-1969, are the attachment schedules. Both these attachments were made for recovery of the aggregate amounts due under the aforesaid two awards. The above action was taken by the second respondent under Section 76 of the Kerala Co-operative Societies Ac...
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Reported in : AIR2008Ker137
K. Balakrishnan Nair, J.1. The point that arises for decision in these Writ Appeals is whether the provisions of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (hereinafter referred to as the Securitisation Act) are applicable to District Co-operative Banks and Urban Banks and whether those Banks can invoke those provisions to take over and sell the assets of the loanees, given by way of security. Writ Appeal No. 2070/2007 is treated as the main case.W.A. No. 2070 of 20072. The appellants 1 and 2, who are husband and wife, availed a loan of Rs. 5 lakhs from the Kottayam District Co-operative Bank. The third appellant, who is the mother of the first appellant, availed another loan of Rs. 5 lakhs from the said Bank. Landed Property, having an extent of 1.052 hectares, belonging to the first appellant was given as security for the said loans. The loans were availed in October 2004 and as per the loan agreement, the repayment was to...
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