The Hindu : Kerala News : Division Bench upholds interim order on Pariyaram

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Kerala

Division Bench upholds interim order on Pariyaram

Special Correspondent

Kochi: A Division Bench of the Kerala High Court, on Friday, dismissed appeals filed by the State government and the new managing committee of the Kerala State Cooperative Hospital Complex and Centre for Advanced Medical Services, which runs the Pariyaram medical college, against the prima facie findings of a single judge that there was bogus voting and impersonation in the elections to the society.

The Bench, comprising Justices K. Balakrishnan Nair and K.P. Balachandran, upheld the interim order restraining the newly elected committee from making appointments and enrolling members.

IGP’s petition

The Bench dismissed a petition filed by the Inspector-General of Police (IGP), Northern Range, seeking to expunge the adverse remarks against the police made by the single judge. The court said it noticed that the findings of the single judge in the interim order were prima facie.

No judge or court would be bound by the prima facie findings made at the preliminary or interlocutory stage when the case was finally decided in the light of evidence and material before the judge or the court.

‘No appeal’

The Bench held that the order of the single judge overruling the preliminary objection to the petitions being entertained could not be appealed against. The managing committee and others had contended that the petitioners, M.V. Raghavan, former Chairman of the society and others, could only approach the cooperative arbitration court challenging the elections and that if they were dissatisfied with its decision, they could appeal before the Kerala Cooperative Tribunal. The single judge had passed the interim order on the petitions of Mr. Raghavan and others.

Petition dismissed

A Bench, comprising Justices J.B. Koshy and K. Padmanabhan Nair, dismissed a petition challenging the shifting of M.G.A. Raman from the post of Director-General of Police (Prisons).

The petitioner, People’s Forum for Natural Justice, alleged that the government was provoked into transferring Mr. Raman following his statement that political prisoners in the Kannur Central Jail should be shifted to the Viyyur Central Jail to ease the tense situation prevailing in the former.

Litigation cost

The court imposed a litigation cost of Rs.1,000 on the forum for producing a confidential document sent by the Director-General of Prosecution to the Additional Secretary, Home, in connection with the case.

Pepsi petition dismissed

Justice V. Giri dismissed a petition filed by PepsiCo India Holdings Private Ltd. against an order of the Commercial Taxes Deputy Commissioner rejecting its request for sales-tax exemption for Rs. thirty crore for products manufactured at its Kanchikode plant.

The Deputy Commissioner had rejected the application on the ground that the company had established a full-fledged plant before January 1, 2000.

The government had issued an order saying that tax exemption would be provided to those manufacturing units which set up its plant before January 2000.

It was subsequently withdrawn.

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