P.K.Subramanian vs The Karuvannur Service … on 16 November, 2007

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C) No. 16507 of 2005(M)


1. P.K.SUBRAMANIAN, S/O.KUNJIVELAPPAN,
                      ...  Petitioner

                        Vs



1. THE KARUVANNUR SERVICE CO-OPERATIVE
                       ...       Respondent

2. THE JOINT REGISTRAR OF CO-OPERATIVE

3. REGISTRAR OF CO-OPERATIVE SOCIETIES,

                For Petitioner  :SRI.T.N.MANOJ

                For Respondent  :SRI.P.K.ASHOKAN

The Hon'ble MR. Justice THOTTATHIL B.RADHAKRISHNAN

 Dated :16/11/2007

 O R D E R
            THOTTATHIL B.RADHAKRISHNAN, J.
                   -------------------------------------------
                     W.P(C).No.16507 OF 2005
                   -------------------------------------------
            Dated this the 16th day of November, 2007


                               JUDGMENT

The committee in office administering the affairs of the first

respondent society resolved on 16.6.1995 to grant exemption to

the petitioner from certain qualifications. That exemption was,

therefore, approved as per Ext.P1. The legal effect of such

approval, applying the ratio of the decision in Dasan v.

Registrar of Co-operative Societies [2007 (1) KLT 581], is

that the approval relates back to 16.6.1995, the date of the

decision of the committee. Therefore, the impugned decision, to

the extent it is contrary to what is stated above, is unsustainable.

It is, accordingly, quashed and this writ petition is allowed

declaring that the exemption granted by the resolution of the

first respondent on 16.6.1995 will be effective from 16.6.1995.

All consequential benefits shall follow on the basis of this

declaration.

Sd/-

THOTTATHIL B.RADHAKRISHNAN,
Judge
kkb.