High Court of KeralaWP(C)/31581/2015disposed of

Sebastian Mathew v. The Registrar

2015-10-16Honourable Mr. Justice Dama Seshadri Naidu4 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE DAMA SESHADRI NAIDU FRIDAY, THE 16TH DAY OF OCTOBER 2015/24TH ASWINA, 1937 WP(C).No. 31581 of 2015 (W) PETITIONER: - ---------------------- SEBASTIAN MATHEW, AGED 54 YEARS, S/O.MATHEW, MANAGING DIRECTOR, MULTI STATE AGRICULTURAL PRODUCERS PROCESSING AND MARKETING CO-OPERATIVE SOCEITY LTD, PALAI P O, KOTTAYAM 686575.

BY ADVS.SRI.JOHNSON MANAYANI SRI.JEEVAN MATHEW MANAYANI RESPONDENTS: - --------------------------

1. THE REGISTRAR OF CO-OPERATIVE SOCEITIES, GOVERNMENT OF KERALA, P B NO 185, N S S BUILDING, THIRUVANANTHAPURAM-695001.

2. THE REGISTRAR OF CO-OPERATIVE SOCEITIES, GOVERNMENT OF KARNATAKA, NO.1, ALL ASKAR ROAD, KARNATAKA-591306.

3. CHIEF EXECUTIVE. NATIONAL CO-OPERATIVE UNION OF INDIA, NCUI, 3 SIRI INSTITUTIONAL AREA, GANDHI MARG, NEW DELHI 110016.

4. STATE OF KERALA, REP BY ITS SECRETARY TO CO-OPERATION, SECRETARIAT, THIRUVANANTHAPURAM-695001

5. JOINT REGISTRAR, GOVERNMENT OF INDIA AND CENTRAL REGISTRAR OF CO-OPERATIVE SOCEITIES, GOVERNMENT OF INDIA, MINISTRY OF AGRICULTURE, DEPARTMENT OF AGRICULTURE AND CO-OPERATION, NEW DELHI 110001.

BY SRI.N.NAGARESH, ASSISTANT SOLICITOR GENERAL BY GOVERNMENT PLEADER SRI. A.J. JOSE AEDAIODI THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 16-10-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).No. 31581 of 2015 (W) APPENDIX PETITIONER'S EXHIBITS : - ------------------------------------- EXHIBIT P1 : TRUE COPY OF THE CERTIFICATE OF REGISTRATION ISSUED BY THE 5TH RESPONDENT DATED 31/12/2013.

EXHIBIT P2 : TRUE COPY OF THE BYE LAWS OF THE PETITIONER SOCEITY. EXHIBIT P3 : TRUE COPY OF THE PROPOSED AMENDMENT PASSED BY THE SOCEITY.

EXHIBIT P4 : TRUE COPY OF THE PETITION FILED BY THE PETITIONER SOCEITY BEFORE THE FIRST RESPONDENT DATED 9/12/2014.

EXHIBIT P5 : TRUE COPY OF THE ACKNOWLEDGMENT ISSUED BY THE FIRST RESPONDENT.

RESPONDENTS' EXHIBITS : - NIL.

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

DAMA SESHADRI NAIDU, J.

W.P.(c) No. 31581 of 2015 ---------------------------------------- Dated this the 16th day of October, 2015

JUDGMENT

The petitioner Society has decided to amend its bylaws. Having passed a resolution to the said effect, it has submitted a proposal to the first respondent with a request to have it forwarded to the fifth respondent. Complaining that the first respondent is not forwarding Exhibit P4 proposal to the fifth respondent, the petitioner has filed the present writ petition.

2. In response to the submissions made by the learned counsel for the petitioner, the learned Government Pleader, on his part, has submitted that the first respondent will consider the issue whether the proposal should be forwarded to the fifth respondent and take an appropriate decision in accordance with law, at the earliest point of time.

In the facts and circumstances, having regard to the respective submissions of the learned counsel for the petitioner and the learned Government Pleader for the respondents, this Court, without adverting to the merits of the matter, disposes of the present writ petition with a direction to the first

W.P.(c) No. 31581 of 2015 respondent to consider the issue of forwarding the proposal to the fifth respondent and take an appropriate decision in accordance with law, as expeditiously as possible, at any rate, within a period of one month from the date of receipt of a copy of this judgment.

DAMA SESHADRI NAIDU JUDGE DMR/-