High Court of KeralaWP(C)/7744/2015disposed of

B.Bhuvanachandran Nair v. The Registrar Of Co-Operative Societies (General), Thiruvananthapuram

2015-04-06Honourable Mr.Justice V.Chitambaresh3 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE V.CHITAMBARESH MONDAY, THE 6TH DAY OF APRIL 2015/16TH CHAITHRA, 1937 WP(C).No. 7744 of 2015 (P) --------------------------- PETITIONER(S):

----------------- B.BHUVANACHANDRAN NAIR, AGED 61 YEARS S/O.BALAKRISHNAN NAIR, CHIEF PROMOTER, MAHATMA GRAMEENA KARSHEEKA VIKASANA SAMOOHYA KSHEMA SAHAKARANA SANGHAM (TO BE REGISTERED) PALLICHAL, VEDIVECHAN KOVIL P.O., THIRUVANANTHAPURAM. BY ADVS.SRI.T.M.RAMAN KARTHA SMT.O.A.NURIYA SMT.SYAMA MOHAN RESPONDENT(S)/RESPONDENTS:-:

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1. THE REGISTRAR OF CO-OPERATIVE SOCIETIES, THIRUVANANTHAPURAM, PIN - 695 001.

2. THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES (GENERAL), THIRUVANANTHAPURAM, PIN - 695 001.

3. THE ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES (GENERAL), NEYYATTINKARA, THIRUVANANTHAPURAM DISTRICT PIN - 695 121.

R BY GOVERNMENT PLEADER SRI.T.R.RAJESH.

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 06-04-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).No. 7744 of 2015 (P) --------------------------- APPENDIX PETITIONER(S)' EXHIBITS --------------------------- EXHIBIT P1. A TRUE COPY OF THE MINUTES OF THE MEETING OF THE PROMOTING COMMITTEE DATED 01.10.2014.

EXHIBIT P2. A TRUE COPY OF THE LETTER DATED 28.11.2014 ISSUED BY THE SECOND RESPONDENT TO THE 4 ASSISTANT REGISTRARS (GENERAL). EXHIBIT P3. A TRUE COPY OF THE LETTER DATED 18.12.2014 ISSUED BY THE SECOND RESPONDENT TO THE PETITIONER.

EXHIBIT P4. A TRUE COPY OF THE LETTER DATED 01.01.2015 ISSUED BY THE SECOND RESPONDENT TO THE PETITIONER.

EXHIBIT P5. A TRUE COPY OF THE INTIMATION/LETTER DATED 06.01.2015 BY THE PETITIONER TO THE SECOND RESPONDENT.

EXHIBIT P6. A TRUE COPY OF THE BANK CHALAN DATED 05.01.2015. EXHIBIT P7. A TRUE COPY OF THE LETTER OF THE SECOND RESPONDENT DATED 08.01.2015.

EXHIBIT P8. A TRUE COPY OF THE LETTER OF THE THIRD RESPONDENT DATED 14.01.2015.

RESPONDENT(S)' EXHIBITS : NIL ------------------------------ //TRUE COPY// P.S. TO JUDGE.

V.CHITAMBARESH, J.

--------------------- W.P (C) No.7744 of 2015 --------------------- Dated this the 6th day of April, 2015

J U D G M E N T

The registration of a new Co-operative Society has been refused by Ext.P9 order. This is on the basis of a Circular issued subsequent to the application. Whether the said Circular can have impact is a matter for detailed consideration. The petitioner has an effective remedy by way of appeal to the Government.

2. Any appeal filed under Section 83(1)(j) of the Kerala Co-operative Societies Act, 1969 shall be dealt with expeditiously. The petitioner is free to urge all legal and factual aspects in the statutory appeal. Any appeal filed within one month from today shall be disposed of within two months therefrom.

3. Needless to say that the petitioner and the affected parties shall be put on notice and heard in the exercise.

The Writ Petition is disposed of.

Sd/- V.CHITAMBARESH, Judge.

nj.