High Court of KeralaDivision BenchDismissed

Sydali J AG & Jyothis R.K v G.R.Ajith & Others

Case / Petition Number:RP.No. 837 of 2018 IN WA. 177/2018

Case Details & Bench

Court
High Court of Kerala
Hon'ble Judges
  • P.R.RAMACHANDRA MENON
  • DEVAN RAMACHANDRAN
Judgment Date
2019-01-23
Court Decision / Holding
This review petition is thus dismissed.
Final Disposition
Dismissed

Parties to the Case

Appellants / Petitioners

  • Sydali J AG
  • Jyothis R.K

Respondents

  • G.R.Ajith
  • R.G.Harilal
  • K.V.Gireesh Kumar
  • Ranjith G.R.
  • Shyamalal P.K.
  • Santhosh P.S.
  • Vidhukum ar S.
  • Sobhan Prasad V.P.
  • Sheejadas D.L.
  • Minimol S.M.
  • Sree Devi V
  • Joint Registrar of Co-operative Societies (General) Thiruvananthapuram
  • Assistant Registrar of Co-operative Societies (General) Thiruvananthapuram
  • Police Co-operative Society Ltd. No.T.696, Nadavanam, Thiruvananthapuram
  • The Administrator Police Co-operative Society Ltd. No.T 696, Nadavanam, Thiruvananthapuram

Legal Representation & Advocates

Counsels for Petitioners

  • • M. Sasindran
  • • P. Shaheed

Counsels for Respondents

  • • George Poonthottam (Sr.)
  • • Nisha George
  • • K.S. Mohammed Hashim

Case Synopsis & Summary

This is a Kerala High Court review petition arising from WA No. 177/2018 concerning the Police Co-operative Society, Nadavantam (Nandavanam) in Thiruvananthapuram. The underlying writ appeal had directed the constitution of a three-member Administrative Committee to manage day-to-day affairs after the elected committee’s removal and related criminal proceedings against the society’s President. The review petitioners contended that the second petitioner/Convenor of the Administrative Committee was acting in a manner constituting gross misconduct and that the directions constituting the Committee contravene the Kerala Co-operative Societies Act; they argued that such policy or major decisions should have been taken by the competent Joint Registrar, not by the Court’s direction. The respondents argued that a review petition is not an avenue for substituting an appeal, and that the directions in the earlier judgment were made after considering germane factors; the Administrative Committee’s role was limited to day-to-day affairs and would not make major policy decisions, enroll members, or make appointments. The court heard submissions and, emphasising that the Committee’s scope is limited to daily administration, dismissed the review petition as lacking substantive grounds. It reinforced the principle that a review cannot replace an appeal, citing Meera Bhanja v. Nirmala Kumari Choudhari.

Provisions of Law Cited

Kerala Co-operative Societies Act

Legal Doctrines & Maxims

  • A review petition cannot be used as a substitute to an appeal.

Submissions & Arguments

Contentions of Appellants / Petitioners

The petitioners contend that the second respondent, as Convenor, has engaged in conduct amounting to gross misconduct in his capacity as Convenor of the Administrative Committee. They contend that the directions appointing a three-member Administrative Committee were predicated on circumstances in which the earlier elected committee had been removed and that the decision to appoint the Committee and its Convenor was a deliberate departure from the statutory framework of the Kerala Co-operative Societies Act. They urge that such major governance decisions should be the preserve of the Joint Registrar, not the court via review, and that the Committee’s mandate should be restricted to day-to-day administration rather than policy decisions or admissions and appointments. They seek relief on grounds that the order should be reviewed and corrected in light of statutory compliance and proper remedy under law.

Contentions of Respondents

The respondents submit that the review petition is not maintainable as a substitute for an appeal and that the directions already given were well-grounded and necessary to ensure smooth functioning of the society. They emphasize that the Administrative Committee was fashioned to handle routine matters and not to make major policy decisions or alter the fabric of membership and appointments. They contend that the petitioners have not demonstrated a substantive error or new matter warranting review, and that the remedy would lie in pursuing appropriate legal channels rather than a belated challenge to the earlier judgment. They rely on established precedent that review cannot serve as a substitute for an appeal and that the directions were given after considering germane factors.

Cited Precedents (1)

Case NameCitationTreatmentExplanation
Meera Bhanja v. Nirmala Kumari ChoudhariAIR 1995 SC 455PositiveCited to support the proposition that a review petition cannot be treated as a substitute for an appeal.

Diagnostic Tool

Beta

Does this judgment govern your specific facts?

Don't risk relying on a distinguishable precedent. Enter your facts or proposition below. We will test it against Sydali J AG & Jyothis R.K v G.R.Ajith & Others and instantly map out authorities that support, challenge, or govern your position.

Extracted Judgment Text

Exact text extracted from official judgment records.

## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** ## **THE HONOURABLE MR.JUSTICE P.R.RAMACHANDRA MENON** ## **&** **THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN** **WEDNESDAY,THE 23RD DAY OF JANUARY 2019 / 3RD MAGHA, 1940 RP.No. 837 of 2018 IN WA. 177/2018** ## **REVIEW PETITIONER/S:** **1 SYDALI J AGED 46 YEARS MEMBER NO.14087, POLICE CO-OPERATIVE SOCIETY LTD NO.696, NANDAVANAM, THIRUVANANTHAPURAM 695033, RESIDING AT THUNDUVILAKOM, KATTAKKADA P.O, THIRUVANANTHAPURAM 695572 2 JYOTHIS R.K MEMBER NO.9364, POLICE CO-OPERATIVE SOCIETY LTD NO.696, NANDAVANAM, THIRUVANANTHAPURAM 695033, RESIDING AT THIRUVATHIRA, MADATHUVILAKOM, IDAKKODU, NEMOM P.O., THIRUVANANTHAURAM-695 572** **BY ADVS. SRI.M.SASINDRAN SRI.P.SHAHEED** ## **RESPONDENT/S:** |**1**|**G.R.AJITH**| |---|---| ||**PRESIDENT, POLICE CO-OPERATIVE SOCIETY LTD NO.T 696,**| ||**NANDAVANAM, THIRUVANANTHAPURAM 695033**| |**2**|**R.G.HARILAL**| ||**MEMBER, BOARD OF DIRECTORS, POLICE CO-OPERATIVE**| ||**SOCIETY LTD.NO.T 696, NANDAVANAM, THIRUVANANTHAPURAM-**| ||**695 033.**| |**3**|**K.V.GIREESH KUMAR**| ||**MEMBER, BOARD OF DIRECTORS, POLICE CO-OPERATIVE**| ||**SOCIETY LTD.NO.T 696, NANDAVANAM, THIRUVANANTHAPURAM-**| ||**695 033.**| |**4**|**RANJITH G.R.**| ||**MEMBER, BOARD OF DIRECTORS, POLICE CO-OPERATIVE**| ||**SOCIETY LTD.NO.T 696, NANDAVANAM,**| ||**THIRUVANANTHAPURAM-695 033.**| **RP.No. 837 of 2018 IN WA. 177/2018** **2** - **5 SHYAMILAL P.K.** - **MEMBER, BOARD OF DIRECTORS, POLICE CO-OPERATIVE SOCIETY LTD.NO.T 696, NANDAVANAM, THIRUVANANTHAPURAM-695 033.** - **6 SANTHOSH P.S. MEMBER, BOARD OF DIRECTORS, POLICE CO-OPERATIVE SOCIETY LTD.NO.T 696, NANDAVANAM, THIRUVANANTHAPURAM-695 033.** - **7 VIDHUKUMAR S.** - **MEMBER, BOARD OF DIRECTORS, POLICE CO-OPERATIVE SOCIETY LTD.NO.T 696, NANDAVANAM, THIRUVANANTHAPURAM-695 033.** - **8 SOBHAN PRASAD V.P. MEMBER, BOARD OF DIRECTORS, POLICE CO-OPERATIVE SOCIETY LTD.NO.T 696, NANDAVANAM, THIRUVANANTHAPURAM-695 033.** - **9 SMT. SHEEJADAS D.L. MEMBER, BOARD OF DIRECTORS, POLICE CO-OPERATIVE SOCIETY LTD.NO.T 696, NANDAVANAM, THIRUVANANTHAPURAM-695 033.** - **10 SMT. MINIMOL S.M. MEMBER, BOARD OF DIRECTORS, POLICE CO-OPERATIVE SOCIETY LTD.NO.T 696, NANDAVANAM, THIRUVANANTHAPURAM-695 033.** - **11 SMT. SREEDEVI V MEMBER, BOARD OF DIRECTORS, POLICE CO-OPERATIVE SOCIETY LTD.NO.T 696, NANDAVANAM, THIRUVANANTHAPURAM-695 033.** - **12 THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES (GENERAL) THIRUVANANTHAPURAM-695 001.** - **13 THE ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES (GENERAL) THIRUVANANTHAPURAM-695 001.** - **14 THE POLICE CO-OPERATIVE SOCIETY LTD.NO.T.696 NANDAVANAM, THIRUVANANTHAPURAM-695 033, REPRESENTED BY THE SECRETARY.** ## **RP.No. 837 of 2018 IN WA. 177/2018** **3** **15 THE ADMINISTRATOR POLICE CO-OPERATIVE SOCIETY LTD.NO.T 696, NANDAVANAM, THIRUVANANTHAPURAM-695 033.** **BY ADV. SRI.GEORGE POONTHOTTAM (SR .)** **SPL.GO K.S.MOHAMMAD HASHIM, SPL. GP CO-OP SOCIETY** **THIS REVIEW PETITION HAVING BEEN FINALLY HEARD ON 23.01.2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:** ## **RP.No. 837 of 2018 IN WA. 177/2018** ## **4** ## **ORDER** Devan Ramachandran, J This review has been impelled by the respondents 5 and 6 in the writ appeal to the extent which this Court had appointed a three member Administrative Committee for the Society in question and the second writ petitioner/2[nd] respondent herein appointed as its Convenor. 2. According to the review petitioners, the second respondent is now grossly misconducting himself in his capacity as the Convenor and therefore, that this judgment requires to be reviewed. As a corollary contention, the review petitioners also say that the directions of this Court, in appointing a three member Administrative ## **RP.No. 837 of 2018 IN WA. 177/2018** **5** Committee, is contrary to the provisions of the Kerala Co-operative Societies Act, since such a decision ought to have been taken by the competent Joint Registrar. 3. We have heard Sri.M. Sasindran, learned counsel appearing for the review petitioners and Sri.George Poonthottam, learned senior counsel, assisted by Smt. Nisha George, learned counsel appearing for the respondents. 4. In the judgment in question, in W.A No.177 of 2018, after narrating the entire factual circumstances that guided our path in making the directions therein, we ordered for the constitution of a three member Administrative Committee because it was seen by us that the earlier elected committee of the Society had been removed ## **RP.No. 837 of 2018 IN WA. 177/2018** **6** because General Body did not approve many of the items in the agenda. We had also noticed that a criminal case had been registered against three persons, including the President of the Society, who was the first petitioner in the writ appeal. It was in such circumstances and having regard to the fact that the order of removal was not for any other ground that we had appointed the three member Administrative Committee; with the second writ petitioner as a Convenor of the said Committee. This was a conscious decision taken by the Bench, taking note of the relevant and germane factors and we must also say that there was no opposition from any other party, when such directions were given. 5. In any event of the matter, we do not see why the petitioners should be aggrieved ## **RP.No. 837 of 2018 IN WA. 177/2018** **7** in any manner because it was clarified in the judgment that the Administrative Committee, constituted pursuant to the directions therein, will not take any major policy decisions or enroll members or make appointments and that they will only attend to the day to day affairs of the Society. 6. In such view of the matter, we see no reason why the petitioners should have filed this review application, and if it is their contention that our view in the judgment are wrong, then it was up to them to test it appropriately by the apposite process known to law, rather than file a review and seek a virtual appeal against our own judgment. In any event, it is well settled that a review petition cannot be used as a substitute to an appeal (see for support _**Meera Bhanja**_ v. _**Nirmala Kumari Choudhari [AIR 1995 SC 455]).**_ ## **RP.No. 837 of 2018 IN WA. 177/2018** **8** 7. Be that as it may, we are also cognizant that the petitioners have an adjuvant contention that the second writ petitioner, who is the Convenor of the Society, is misconducting himself and that he is not discharging the duties of such a position validly. We are afraid that this again is not a ground for review and if the petitioners are so desirous, they will have to invoke appropriate remedies against the second writ petitioner in terms of law. This review petition is thus dismissed. ## **Sd/-** ## **P.R.RAMACHANDRA MENON** ## **JUDGE** ## **Sd/-** ## **DEVAN RAMACHANDRAN** ## **JUDGE** SB/29/01/2019 **RP.No. 837 of 2018 IN WA. 177/2018** **9** ## **APPENDIX** **PETITIONER'S/S EXHIBITS:** **ANNEXURE A1 TRUE COPY OF THE ORDER NO.C.S.10935/2017 DATED 16.3.2017 ISSUED BY THE JOINT REGISTRAR OF COOPERATIVE SOCIETEIS (G), THIRUVANANTHAPURAM.** - **ANNEXURE A2 TRUE COPY OF THE COMPLAINT DATED 23.3.2018 SUBMITTED BY THE TWO MEMBER OF THE ADMINISTRATIVE COMMITTEE BEFORE THE JOINT REGISTRAR.** - **ANNEXURE A3 TRUE COPY OF THE REPORT DATED 26.3.2018 SUBMITTED BY THE ASSISTANT REGISTRAR TO THE JOINT REGISTRAR.** - **ANNEXURE A4 TRUE COPY OF THE COMPLAINT DATED 24.3.2018 SUBMITTED BY THE TWO MEMBERS OF THE ADMINISTRATIVE COMMITTEE BEFORE THE ASSISTANT REGISTRAR.** - **ANNEXURE A5 TRUE COPY OF THE ORDER ISSUED BY THE JOINT REGISTRAR TO THE ASSISTANT REGISTRAR.** - **ANNEXURE A6 TRUE COPY OF THE COMPLAINT SUBMITTED BY THE COMMITTEE MEMBERS TO THE JOINT REGISTRAR.** - **ANNEXURE A7 TRUE COPY FO THE ORDER DATED 25.5.2018 ISSUED BY THE JOINT REGISTRAR TO THE SOCIETY.** - **ANNEXURE A8 TRUE COPY OF THE REPORT DATED 29.5.2018 SUBMITTED BY THE ASSISTANT REGISTRAR BEFORE THE JOINT REGISTRAR.** - **ANNEXURE A9 TRUE COPY OF THE REPORT DATED 14.6.2018, TO THE JOINT REGISTRAR.** **ANNEXURE A10 TRUE COPY OF THE COMPLAINT DATED 28.6.2018 SUBMITTED BY THE COMMITTEE** **10** ## **RP.No. 837 of 2018 IN WA. 177/2018** ## **MEMBERS TO JOINT REGISTRAR.** ## **ANNEXURE A11** **TRUE COPY OF THE ORDER DATED 6.7.2018 ISSUED BY THE JOINT REGISTRAR TO THE CONVENER.** - **ANNEXURE A12 A TRUE COPY OF THE JUDGMENT DATED 9.11.2018 IN WPC NO.20033/2018.** - **ANNEXURE A13 A TRUE COPY OF THE REPORT OF ENQUIRY OF THE SPECIAL BRANCH DATED 23.8.2016.** - **ANNEXURE A14 A TRUE COPY OF THE REPORT DATED 15.10.2018 SUBMITTED BY THE ASSISTANT REGISTRAR TO THE JOINT REGISTRAR.** ## **RESPONDENT'S/S EXHIBITS:** - **ANNEXURE R2(A) TRUE COPY OF THE ORDER DATED 11.4.2018 PASSED BY THIS HON'BLE COURT IN I.A.478/2018 IN WA 177 OF 2018.** ## **ANNEXURE R2(B)** **TRUE COPY OF THE RESOLUTION FORWARDED TO THE STATE CO-OPERATIVE ELECTION COMMISSION ON 1.8.2018, WITH ENCLOSURES.** ## **// true copy //** ## **P.A to Judge**