2025:KER:29133 WP(C) NO. 6871 OF 2018 1 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P. FRIDAY, THE 4TH DAY OF APRIL 2025 / 14TH CHAITHRA, 1947 WP(C) NO. 6871 OF 2018 PETITIONER: THE MALAPPURAM CO-OPERATIVE SPINNING MILLS LTD POST BOX NO.206, DOWN HILL POST,REPRESENTED BY ITS MANAGING DIRECTOR, MALAPPURAM - 676 519. BY ADVS. SRI.K.ANAND (SR.) SMT.LATHA ANAND SRI.M.N.RADHAKRISHNA MENON RESPONDENTS: 1 K.MOHAMMED THE MALAPPURAM CO-OPERATIVE SPINNING MILLS LTD.,POST BOX NO.206, DOWN HILL POST,MALAPPURAM - 676 519. 2 KERALA STATE MINORITY COMMISSION MANAGALAM LN, JAWAHAR NAGAR, SASTHAMANGALAM, THRIVANANTHAPURAM,KERALA - 695 010. BY ADV J.R.PREM NAVAZ SMT.SURYA BINOY, SR.GP THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 04.04.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: 2025:KER:29133 WP(C) NO. 6871 OF 2018 2 JUDGMENT The petitioner challenges Ext.P5 order passed by the Kerala State Minority Commission, the 2nd respondent, directing the disbursement of all benefits on account of the promotion granted to the 1st respondent on 03.09.2013, with arrears within three months from the date of receipt of a copy of this judgment. 2. It is submitted by the petitioner that the 2nd respondent purportedly invoked Section 9(c) of the Kerala State Commission for Minorities Act, 2014 (hereinafter referred to as ‘the Act’). It is also stated that the petitioner is an Industrial Co-operative Society registered under the Kerala Co-operative Societies Act, 1969 and for resolution of the service disputes, the employees can avail the statutory remedies provided in the Act. It is also stated that the 2nd respondent does not have any jurisdiction at all to pass an order like Ext.P5 directing the grant of benefits/promotion. 3. Section 9 of the Act reads as follows: "9. Functions of the Commission.-The Commission shall perform the following functions, namely:- (a) to evaluate the progress of the 2025:KER:29133 WP(C) NO. 6871 OF 2018 3 development of minorities in the State; (b) to enquire and monitor the manner of functioning of various safeguards provided, in the Constitution of India or under any other law or under any order of the Government, for the welfare, protection and empowerment of the minorities in Kerala: (c) to enquire into specific complaints about deprivation of social, economic, educational and linguistic rights, safeguards and benefits of the minorities, to bring such matters into the notice of authorities concerned, to suggest remedial measures and to monitor the follow-up actions thereon; (d) to participate in and give creative suggestions on, the planning programmes for the educational, social and economic development of the minorities; (e) to make recommendations as to the steps to be taken by the Govemment for the effective implementation of the measures and safeguards for the educational, social and economic development, welfare and protection of the minorities and to make report to the Government either annually or at such other time, as the Commission may deem fit and to monitor their timely 2025:KER:29133 WP(C) NO. 6871 OF 2018 4 implementation; (f) to cause studies to be undertaken into various problems arising out of discrimination towards minorities and recommend measures for their removal; (g) to conduct studies, research and analysis and to organize seminars, symposium and awareness classes on the issues relating to social, economic and educational advancement of minorities; (h) to suggest appropriate measures to be adopted by the Government in respect of minority; (i) to submit report to the Government periodically or specially, on any matter pertaining to minorities, particularly in respect of difficulties being faced by them and their remedial measures; (j) to discharge such other functions in relation to the protection, welfare, development and advancement of the minorities, as may be prescribed; (k) to take necessary steps to ensure the representation of minorities proportionate to their population in various employment projects and social development projects; 2025:KER:29133 WP(C) NO. 6871 OF 2018 5 (1) to ensure the efficient functioning of the law and order system in communal conflict prone areas and to bring lapses to the notice of the Government; (m) any other matter pertaining to minorities, entrusted by the Government." 4. None of the above provisions permit passing an order like the one impugned in the writ petition. The order passed is totally without jurisdiction. In the said circumstances, Ext.P5 is quashed. The writ petition is allowed without prejudice to the right of the 1st respondent to approach the authorities under the Co-operative Societies Act if he has any subsisting grievance. This writ petition is allowed as above. Sd/- MOHAMMED NIAS C.P. JUDGE GBG 2025:KER:29133 WP(C) NO. 6871 OF 2018 6 APPENDIX OF WP(C) 6871/2018 PETITIONER EXHIBITS EXHIBIT P1. TRUE COPY OF JUDGMENT DATED 2.6.2016 IN W.P.(C)NO.8698/2013 EXHIBIT P2. TRUE COPY OF THE PETITION OF SHRI. K. MOHAMMED EXHIBIT P3. TRUE COPY OF NOTICE OF THE 2ND RESPONDENT DATED 08.11.2016 EXHIBIT P4. TRUE COPY OF STATEMENT OF THE PETITIONER DATED 29.12.2016 EXHIBIT P5. TRUE COPY OF ORDER NO. M.C. O.P.NO.169/2016 DATED 12.10.2017 EXHIBIT P6. TRUE COPY OF BOARD RESOLUTION NO. 209.09 DATED 4.1.2018