← Library
High Court of KeralaWP(C)/1896/2015disposed of

Ansar v. The Joint Registrar Of Co-Op.Societies

2015-01-195 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE V.CHITAMBARESH MONDAY, THE 19TH DAY OF JANUARY 2015/29TH POUSHA, 1936 WP(C).No. 1896 of 2015 (J) -------------------------------------- PETITIONERS:

-------------------------- 1.

ANSAR, AGED 44 YEARS S/O. ALI UMMER ANSAR MANZIL, PALLIKKAL P.O.

KILLIMANOOR, THIRUVANANTHAPURAM - 695 604 2.

H.M. SUDHEER, S/O. HABEEB MUHAMMED AGED 38, THEKKEVILA VEEDU, PALLIKKAL P.O.

KILLIMANOOR, THIRUVANANTHAPURAM - 695 604 3.

SHANAVAS, S/O. ABDUL RASHEED AGED 52, PULIMATH VEEDU, PALLIKKAL P.O.

KILIMANORR, THIRUVANANTHAPURAM - 695 604 BY ADV. SRI.LATHEESH SEBASTIAN RESPONDENTS:

---------------------------- 1.

THE JOINT REGISTRAR OF CO-OP. SOCIETIES(GENERAL) THIRUVANANTHAPURAM - 695 001

2. THE ASSITANT REGISTRAR OF CO-OPERATIVE SOCIEITES (GENERAL) CHIRAYINKEEZHU, THIRUVANANTHAPURAM - 695 001 3.

THE PART-TIME ADMINISTRATOR PALLIKKAL FARMERS SERVICE CO-OPERATIVE BANK LTD. NO. T. 230 PALLIKKAL P.O., KILIMANOOR, THIRUVANANTHAPURAM - 695 604 (CO-OPERATIVE UNIT INSPECTOR, KILIMANOOR, OFFICE OF ASSISTANT REGISTRAR, CHIRAYINKEEZHY, THIRUVANANTHAPURAM - 695 001) 4.

PALLIKKAL FARMERS SERVICE CO-OPERATIVE BANK LTD NO. T. 230 PALLIKKAL P.O., KILIMANOOR, THIRUVANANTHAPURAM - 695 604 REPRESENTED BY THE MANAGING DIRECTOR 5.

A. NIZAR, AGED 58 YEARS NIZHA MANZIL, K.K. KONAM P.O., PALLIKKAL THIRUVANANTHAPURAM R1 & R2 BY SPL. GOVERNMENT PLEADER SRI. SOMASUNDARAM THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 19-01-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).No. 1896 of 2015 (J) APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- P1 :

COPY OF THE ELECTION NOTIFICATION DATED 05.06.2014 P2 :

COPY OF THE ORDER OF THE STATE CHIEF CO-OPERATIVE ELECTION COMMISSIONER DATED 22.07.2014 P3 :

COPY OF THE ORDER OF THE 1ST RESPONDENT DATED 20.08.2014 P4 :

COPY OF THE W.P.(C). NO. 29027/2014 P5 :

COPY OF THE JUDGMENT DATED 09.01.2015 IN W.P.(C). NO. 29027/2014 P6 :

COPY OF THE ORDER OF THE 1ST RESPONDENT DATED 14.07.2014 P7 :

COPY OF THE LETTER OF THE 4TH RESPONDENT DATED 13.01.2015 P7(a) : COPY OF THE LETTER OF THE 4TH RESPONDENT DATED 13.01.2015 P7(b) : COPY OF THE LETTER OF THE 4TH RESPONDENT DATED 13.01.2015 P8 :

COPY OF THE ORDER OF THE 1ST RESPONDENT DATED 17.01.2015 RESPONDENT(S)' EXHIBITS:- NIL --------------------------------------- /TRUE COPY/ P.A. TO JUDGE DCS

V. CHITAMBARESH, J --------------------------------------- W.P.(C). NO. 1896 OF 2015 ---------------------------------------- Dated this the 19th day of January, 2015

JUDGMENT

It is essentially in the discretion of the first respondent as to whether an Administrative Committee or an Administrator (a departmental officer) should mann the affairs of a society. This is explicit from Section 33(1)(b) of the Kerala Cooperative Societies Act, 1969. 2.

There is no vested right for anyone to remain as a member of the Administrative Committee. Therefore no question of violation of principles of natural justice arise in the case as alleged by the petitioners.

3.

The first respondent has in the instant case thought it fit to appoint an Administrator replacing the Administrative Committee. Whether such an action is warranted or not depends on many factual questions and also the relevant inputs.

4.

I deem it fit and proper to relegate the petitioners to the alternate remedy available under Section 83(1)(j) of the

W.P.(C). NO. 1896 OF 2015 2 Kerala Co-operative Societies Act, 1969. The petitioners are free to urge all legal and factual questions in the appeal if any filed.

The writ petition is disposed of without prejudice to the right as above.

V. CHITAMBARESH JUDGE DCS