Sajeev R. v. The Registrar Of Co-Operative Societies

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE DAMA SESHADRI NAIDU MONDAY, THE 5TH DAY OF OCTOBER 2015/13TH ASWINA, 1937 WP(C).No. 29137 of 2015 (N) PETITIONER : - ---------------------- SAJEEV R., AGED 48 YEARS, S/o RAGHAVAN ANIR, ELAMBRAKODATH HOUSE, KADANAD P.O., MEENACHIL TALUK, KOTTAYAM DISTRIT-686 653.

BY ADVS.SRI.BABY THOMAS SRI.LATHEESH SEBASTIAN RESPONDENTS :- -------------------------

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

2. THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES, KOTTAYAM-686 001.

3. THE ASSISTANT REGISTRAR (CO-OPERATIVE SOCIETIES), MEENACHIL, PALA, KOTTAYAM DISTRICT - 686 653.

4. TOM THOMAS, KOZHIKKOT HOUSE, KADANAD P.O., MEENACHIL TALUK, KOTTAYAM DISTRICT-686 653, AS THE CHIEF PROMOTER OF AGRICULTURAL IMPROVEMENT OF CO-OPERATIVE SOCIETY, ATHINAD P.O., KOLLAPPALLY, KOTTAYAM DISTRICT.

R4 BY ADV. SRI.FRINSO MATHEW R4 BY ADV. SRI.C.I.RIYAD BY SR. GOVERNMENT PLEADER SRI. K.C. VINCENT BY SPL. GOVERNMENT PLEADER SRI. D. SOMASUNDARAM THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON \ 05-10-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).No. 29137 of 2015 (N) ----------------------------------------- APPENDIX PETITIONERS EXHIBITS : - ------------------------------------- EXT.P1 :

TRUE COPY OF THE APPLICATION OF THE PETITIONER DATED 18/8/2012.

EXT.P2 :

TRUE COPY OF THE DETAILS OF THE FINANCIAL DETAILS OF THE PROPOSED SOCIETY SUBMITTED BY THE PETITIONER. EXT.P3 :

TRUE COPY OF THE REPLY OF THE 2ND RESPONDENT DATED 7/3/2015.

EXT.P4 :

TRUE COPY OF THE REPRESENTATION OF THE PETITIONER DATED 3/6/2015.

EXT.P5 :

TRUE COPY OF THE ORDER OF THE 2ND RESPONDENT DATED 21/8/2015.

RESPONDENTS' EXHIBITS : - NIL.

// TRUE COPY // P.A. TO JUDGE DMR/-

DAMA SESHADRI NAIDU, J.

W.P.(c) No. 29137 of 2015 ---------------------------------------- Dated this the 05th day of October, 2015

JUDGMENT

The petitioner, said to be the Chief Promoter of a Cooperative Society known as Kadanad Agricultural Improvement Co-operative Society, filed an application before the second respondent seeking the Society's registration.

2. The singular contention of the petitioner is that the second respondent has rejected the petitioner's claim for registration with a one-line order in Exhibit P5, though the statute mandates that the authority has to give reasons for the rejection.

3. The learned Government Pleader, in my view fairly, has submitted that Exhibit P5 is indefensible because it does not contain any reasons for rejection.

4. In the facts and circumstances, having regard to the submissions of the learned counsel for the petitioner and the learned Government Pleader, this Court hereby sets aside Exhibit P5 order passed by the second respondent; consequently, this Court further directs the second respondent

W.P.(c) No. 29137 of 2015 to reconsider the issue in terms of Section 7 of the Act and pass appropriate orders thereon, as expeditiously as possible, at any rate, within a period of one month from the date of receipt of a copy of this judgment.

The writ petition, accordingly, stands disposed of. No order as to costs.

DAMA SESHADRI NAIDU JUDGE DMR/-