Joffe Jose vs Joint Registrar on 7 July, 2009

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 18944 of 2009(K)


1. JOFFE JOSE,AGED 43 YEARS,S/O.C.V.JOSE,
                      ...  Petitioner
2. K.R.THOMAS,AGED 42 YEARS,

                        Vs



1. JOINT REGISTRAR,CO-OPERATIVE SOCIETIES
                       ...       Respondent

2. THRISSUR BHAVANA NIRMANA SAHAKARANA

3. THE BOARD OF DIRECTORS,

4. REGISTRAR OF CO-OPERATIVE SOCIETIES,

                For Petitioner  :SRI.C.D.DILEEP

                For Respondent  : No Appearance

The Hon'ble MR. Justice ANTONY DOMINIC

 Dated :07/07/2009

 O R D E R
                       ANTONY DOMINIC, J.
                  -------------------------
                   W.P.(C.) No.18944 of 2009
             ---------------------------------
              Dated, this the 7th day of July, 2009

                         J U D G M E N T

Challenge in the writ petition is against Exts.P1 & P2, by which

tenders are invited by the 2nd respondent society for disposal of the

property mentioned therein.

2. The petitioners state that the proposal as reflected in the

aforesaid two documents is against Ext.P3 bye-laws of the Society,

and also the statutory provisions. It is stated that although, Exts.P5

& P6 complaints have been filed before the 1st respondent in this

behalf, these representations are also remaining unattended, and

that at the same time, the Society is proceeding with Exts.P1 & P2,

and tenders are scheduled to be received on 10/07/2009.

Complaining of inaction on the part of the 1st respondent in

considering the representations, the writ petition is filed.

3. If as stated by the petitioners, Exts.P5 & P6 have been

received, the 1st respondent should have necessarily considered

those representations and orders should have been passed. Since

WP(C) No.18944/2009
-2-

the case of the petitioners is that these two representations are

remaining unattended, I dispose of the writ petition with the

following directions:-

That on the production of a copy of this judgment, and as

expeditiously as possible thereafter, the 1st respondent should

consider and pass orders on Exts.P5 & P6 with notice to the

petitioners and also 2nd respondent. In the meantime, although, it

will be open to the 2nd respondent to receive tenders in pursuance

to Exts.P1 & P2, further proceedings shall be only after getting

orders from the 1st respondent. The 1st respondent shall pass final

orders on the representations within four weeks from today.

4. The petitioners shall produce a copy of this judgment

before respondents 1 & 2 for compliance.

The writ petition is disposed of as above.

(ANTONY DOMINIC, JUDGE)
jg