Muhammed Rafeeque N.P.P. v. The Registrar Of Co-Operative Society

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE V.CHITAMBARESH WEDNESDAY, THE 25TH DAY OF FEBRUARY 2015/6TH PHALGUNA, 1936 WP(C).No. 16831 of 2011 (D) ---------------------------- PETITIONER(S):

----------------- MUHAMMED RAFEEQUE.N.P.P, S/O. HAJI S.V. POOKOYA THANGAL (LATE), AGED 42 YEARS NERATTUPURA PERALA HOUSE, ANDROTT ISLANDS U.T OF LAKSHADWEEP.

BY ADVS.SRI.BABU S. NAIR SMT.M.T.SHEEBA SRI.P.A.RAJESH SRI.K.RAKESH RESPONDENT(S):

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1. THE REGISTRAR OF CO-OPERATIVE SOCIETIES, DEPARTMENT OF CO-OPERATION UNION TERRITORY OF LAKSHADWEEP, KAVARATI PIN - 682 555.

2. THE SUB DIVISIONAL OFFICER/RETURNING OFFICER, ANDROT SUPPLY AND MARKETING SOCIETY LTD. ANDROTT ISLANDS, UNION TERRITORY OF LAKSHADWEEP PIN - 682 551.

3. THE ANDROTT CO-OPERATIVE SUPPLY AND MARKERING SOCIETY LTD., REPRESENTED BY ITS SECRETARY ANDROTT ISLANDS, UNION TERRITORY OF LAKSHADWEEP PIN - 682 551.

ADDL. 4. T.MUHAMMAD HUSSAIN THE PRESIDENT ANDROTT TOWN PLAN ACTION COUNCIL ANDROTT, UNION TERRITORY OF LAKSHADWEEP (ADDL.R4 IS IMPLEADED AS PER ORDER IN I.A.NO.11184/11 DATED 12/7/2011) R,R1 BY ADV. SRI.S.RADHAKRISHNAN,SC,LAKSHADWEEP ADMN R,ADDL.R4 BY ADV. SRI.NIRMAL. S THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 25-02-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

APPENDIX IN W.P.(C) No.16831 of 2011 PETITIONER'S EXTS:

EXT.P1 TRUE COPY OF THE ORDER OF THE FIRST RESPONDENT APPOINTING THE SECOND RESPONDENT AS THE RETURNING OFFICER TO CONDUCT ELECTIONS DATED 6.6.2011.

EXT.P2 TRUE COPY OF THE BYE-LAWS OF THE ANDROTT CO-OPERATIVE SUPPLY AND MARKETING SOCIETY LTD.

EXT.P3 TRUE COPY OF THE ORDER ISSUED BY THE FIRST RESPONDENT DATED 18.6.2011 AS NO.FNG.10/1/2007-COOP.

EXT.P4 TRUE COPY OF THE ORDER OF THE FIRST RESPONDENT DATED 20.6.2011 AS NO.F.NO.10/1/2007-CO-OP.

EXT.P4(A) TRUE COPY OF THE MINUTES OF THE GENERAL BODY MEETING OF THE SOCIETY HELD ON 7.2.2010.

EXT.P5 TRUE COPY OF THE ORDER PASSED BY THE FIRST RESPONDENT DATED 4.11.2013 AS F.NO.46/5/2011-COOP/.

RESPONDENTS EXHIBITS:

ANNEXURE R4(A) TRUE COPY OF THE BYE-LAW APPROVED BY THE GENERAL BODY VIDE RESOLUTION NO.1 DATED 7.2.2010.

ANNEXURE R1(A) A TRUE COPY OF THE NOTICE BODY F.NO.3/1/2009-10-SMS (AND) DATED 27.1.2010.

ANNEXURE R1(B) A TRUE COPY OF THE INTIMATION TO RCS F.NO.3/1/2009-10 SMS (AND) DATED 8.2.2010.

ANNEXURE R1(C) A TRUE COPY OF THE AMENDMENTS DATED 22.3.2010. //TRUE COPY// P.S. TO JUDGE.

V.CHITAMBARESH, J.

--------------------- W.P (C) No. 16831 of 2011 --------------------- Dated this the 25th day of February, 2015

J U D G M E N T

All the parties agree that the election to the managing committee of the society be conducted at the earliest opportunity. The same shall be done afresh in accordance with the Laccadive, Minicoy and Amindivi Islands Co-operative Societies Regulation, 1960.

2. The Administrative Committee of the society shall take expeditious steps in this regard. Every endeavour shall be made to see that the new managing committee assumes office within four months from today.

The Writ Petition is disposed of.

Sd/- V.CHITAMBARESH, Judge.

nj.