High Court Kerala High Court

S.L. Saji Kumar vs The Registrar Of Co-Operative … on 16 October, 2006

Kerala High Court
S.L. Saji Kumar vs The Registrar Of Co-Operative … on 16 October, 2006
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C) No. 27173 of 2006(I)


1. S.L. SAJI KUMAR,
                      ...  Petitioner

                        Vs



1. THE REGISTRAR OF CO-OPERATIVE SOCIETIES,
                       ...       Respondent

2. THE JOINT REGISTRAR OF CO-OPERATIVE

3. THE SECRETARY,

4. S.V. GOPAKUMAR,

5. THE NEYYATTINKARA GOVERNMENT SERVANTS

                For Petitioner  :SRI.K.B.PRADEEP

                For Respondent  : No Appearance

The Hon'ble MR. Justice K.THANKAPPAN

 Dated :16/10/2006

 O R D E R
                                   K. Thankappan, J.
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                           W.P.(C).   No.   27173  of  2006
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                    Dated this the 16th day of October, 2006


                                        JUDGMENT

Prayer of the petitioner is that he, being the President of the 5th

respondent Society, should not be prevented from discharging his duties as

the President of the Society. The petitioner submits that consequent to the

motion of non-confidence, Ext.P2 resolution was passed electing the 4th

respondent as the President of the 5th respondent Society. The petitioner

also submits that the entire procedure adopted in Ext.P1 is in violation of

the procedure contemplated under the Kerala Co-operative Societies Act,

1969 and the Rules framed thereunder. Learned counsel for the petitioner

submits that though the petitioner field a detailed complaint dated 4-10-

2006 as Ext.P3 before the 2nd respondent stating the relevant provisions

governing the field, no decision is taken on Ext.P3 complaint till today.

Hence, direction may be issued to dispose of Ext.P3 at the earliest.

2. In the facts and circumstances of the case, the writ petition is

disposed of by directing the 2nd respondent to consider Ext.P3 complaint

and take a decision thereon as early as possible, at any rate within 30 days

from the date of receipt of copy of this judgment. Till a final decision is

taken on Ext.P3, Exts.P1 and P2 shall be kept in abeyance.

2

K.Thankappan,
Judge.

mn.

K. Thankappan,J.

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W.P.(C) No. /2006

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Judgment
16-10-2006