Kerala Government Secretariat … vs Joint Registrar Of Co-Operative on 24 March, 2010

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 9873 of 2010(H)


1. KERALA GOVERNMENT SECRETARIAT STAFF
                      ...  Petitioner

                        Vs



1. JOINT REGISTRAR OF CO-OPERATIVE
                       ...       Respondent

2. ASSISTANT REGISTRAR OF CO-OPERATIVE

3. GOVERNMENT SECRETARIAT STAFF CO-

4. REGISTRAR OF CO-OPERATIVE SOCIETIES,

                For Petitioner  :SRI.D.SOMASUNDARAM

                For Respondent  : No Appearance

The Hon'ble MR. Justice K.SURENDRA MOHAN

 Dated :24/03/2010

 O R D E R
                 K.SURENDRA MOHAN, J.
             -------------------------------------------
                  W.P.(C) No.9873 of 2010
             -------------------------------------------
         Dated this the 24th day of March, 2010

                          JUDGMENT

The petitioner is a Housing Co-operative Society and

the third respondent is a Credit Society. Both the

Societies are functioning in the same campus of the

Secretariat without any violation of the Act for the reason

that the objects of both the Societies are different and they

are two different types. The allegation of the petitioner is

that, in violation of the law amendments to the bye-laws

have been passed by the third respondent Society making

provision for the issue of housing loans to its members.

According to the petitioner, the amendments are violative

of the Act and Rules. Therefore, the petitioner has

objected to the said amendments by submitting Ext.P5

before the first respondent. The amendments are required

to be registered before the first respondent as per law.

Therefore, the petitioner submits that the first respondent

is bound to consider the objections of the petitioner also

before deciding whether to register the amendments of

wpc No.9873/2010 2

the third respondent Society or not. He seeks the issue of

appropriate directions to the first respondent for the

above purpose. In the light of the above submissions, this

Writ Petition itself can be disposed of directing the

objections of the petitioner also to be considered by the

first respondent.

2. This Writ Petition is accordingly disposed of

directing the first respondent to consider the objections of

the petitioner to the amendments passed by the third

respondent Society to its bye laws, evidenced herein by

Ext.P5 while considering whether to register the said

amendments or not. The first respondent is further

directed to afford an opportunity of being heard to the

petitioner and the third respondent before taking a final

decision, as above.

K.SURENDRA MOHAN,
JUDGE

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