IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C) No. 32872 of 2006(L)
1. THE DEVIKULAM TALUK PLANTATION WORKERS
... Petitioner
Vs
1. THE STATE OF KERALA, REPRESENTED BY
... Respondent
2. THE REGISTRAR OF CO-OPERATIVE SOCIETIES,
3. THE JOINT REGISTRAR OF CO-OPERATIVE
4. THE ASST. REGISTRAR OF CO-OPERATIVE
For Petitioner :SRI.JOICE GEORGE
For Respondent : No Appearance
The Hon'ble MR. Justice J.M.JAMES
Dated :11/12/2006
O R D E R
J.M.JAMES, J.
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W.P.(C). 32872/2006
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Dated this the 11th day of December, 2006
JUDGMENT
The writ petitioner, Devikulam Taluk Plantation
Workers Co-operative Credit Society Limited No.K-382,
had requested for amendment of its bye-laws. Therefore,
the writ petitioner had approached the Joint Registrar,
the third respondent, as per the provisions contained
under Rule 9 of the Kerala Co-operative Societies Rules,
1969, in short ‘the Rules’.
2. The learned counsel appearing for the writ
petitioner brought to my notice, the report dated
24.5.2006 of the fourth respondent, Assistant Registrar of
Co-operative Society (General), in which he had reported
that all the requirements of Rule 9(3) of the Rules had
been complied with, by the writ petitioner.
3. The learned Government Pleader however,
submits that there had been a complaint to the effect that
no general body, as contemplated under rule 9(3)(a) of the
W.P.(C).32872/2006
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Rules had been complied with and, therefore,
amendment of the bye-laws could not be ordered to.
4. Section 12(4B) of the Kerala Co-operative
Societies Act, 1969, in short ‘the Act’ lays down that if an
application to register an amendment of the bye-laws of a
society is not disposed of within the time specified in
sub-section (4A), the Society may make a representation;
(a). before the Registrar and then, (b). before the
Government.
5. In the case at hand, the Joint Registrar was
approached for registering the amendment of the bye-
laws, under Section 3(2) of the Act. A representation
was given to the Registrar, as Joint Registrar did not
register the amendment of the bye-laws, proposed by
the writ petitioner, Society. The said representation is
also pending with the Registrar.
6. I am not satisfied with the submission of the
learned Government Pleader. In the meanwhile, there is
a complaint also and the same is being enquired into.
Even if there is such a complaint and an enquiry is
W.P.(C).32872/2006
3
being proceeded with, the Registrar has to give a reply
to the writ petitioner, as per Sub-Section (4B) of Section
12 of the Act. The grievance of the writ petitioner is
that no reply had been given and the registration is also
pending.
7. In the above facts situation, I direct the
second respondent, the Registrar of Co-operative
Societies, Kerala, Thiruvananthapuram, to consider
Ext.P6 representation dated 11.9.2006 of the writ
petitioner, Society, and dispose of the same within two
weeks from the date of production of a copy of this
judgment.
The writ petition is disposed of as above.
J.M.JAMES
JUDGE
mrcs