Cochin Co-Operative Society … vs Kerala State Co-Operative … on 28 September, 2007

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C) No. 14326 of 2006(E)


1. COCHIN CO-OPERATIVE SOCIETY LTD.NO.E.100
                      ...  Petitioner

                        Vs



1. KERALA STATE CO-OPERATIVE EMPLOYEES
                       ...       Respondent

2. JOINT REGISTRAR OF CO-OP. SOCIETIES,

3. M.N.DIVAKARAN,

                For Petitioner  :SRI.A.JAYASANKAR

                For Respondent  :SRI.M.S.UNNIKRISHNAN

The Hon'ble MR. Justice K.M.JOSEPH

 Dated :28/09/2007

 O R D E R
                           K.M.JOSEPH, J.
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              W.P.(c).No.14326 OF 2006
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              Dated this the 28th day of September , 2007

                                JUDGMENT

Petitioner challenges Ext.P6. Ext.P6 is an order passed by the

Joint Registrar pursuant to the direction of this court in Ext.P4

judgment. The main contention raised by the petitioner is that the

authority under Section 69 alone has jurisdiction to deal with the

matter and he relies on the decision reported in Ravindran.P.S. v.

State of Kerala (2007(3) ILR 241).

I heard learned counsel for the respondent also. I feel that the

impugned order cannot be sustained in view of the lack of jurisdiction

in the light of the aforesaid Division Bench judgment. Accordingly

Ext.P6 is quashed and the second respondent will refer the matter

which is the subject matter of Ext.P6 to the authority under Section 69

of the Co-operative Societies Act within a period of one week from the

date of receipt of a copy of this judgment. The authority under

Section 69 will issue notice to the petitioner and the third respondent

and take a decision in accordance with law with full opportunity to the

parties within a period of two months from the date of receipt of the

matter from the second respondent.

(K.M.JOSEPH, JUDGE)
sv.