High Court Kerala High Court

The Devikulam Taluk Plantation … vs The State Of Kerala on 11 December, 2006

Kerala High Court
The Devikulam Taluk Plantation … vs The State Of Kerala on 11 December, 2006
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C) No. 32872 of 2006(L)


1. THE DEVIKULAM TALUK PLANTATION WORKERS
                      ...  Petitioner

                        Vs



1. THE STATE OF KERALA, REPRESENTED BY
                       ...       Respondent

2. THE REGISTRAR OF CO-OPERATIVE SOCIETIES,

3. THE JOINT REGISTRAR OF CO-OPERATIVE

4. THE ASST. REGISTRAR OF CO-OPERATIVE

                For Petitioner  :SRI.JOICE GEORGE

                For Respondent  : No Appearance

The Hon'ble MR. Justice J.M.JAMES

 Dated :11/12/2006

 O R D E R
                           J.M.JAMES, J.

                             -------------------

                        W.P.(C). 32872/2006

                            --------------------

            Dated this  the 11th day of December, 2006


                             JUDGMENT

The writ petitioner, Devikulam Taluk Plantation

Workers Co-operative Credit Society Limited No.K-382,

had requested for amendment of its bye-laws. Therefore,

the writ petitioner had approached the Joint Registrar,

the third respondent, as per the provisions contained

under Rule 9 of the Kerala Co-operative Societies Rules,

1969, in short ‘the Rules’.

2. The learned counsel appearing for the writ

petitioner brought to my notice, the report dated

24.5.2006 of the fourth respondent, Assistant Registrar of

Co-operative Society (General), in which he had reported

that all the requirements of Rule 9(3) of the Rules had

been complied with, by the writ petitioner.

3. The learned Government Pleader however,

submits that there had been a complaint to the effect that

no general body, as contemplated under rule 9(3)(a) of the

W.P.(C).32872/2006

2

Rules had been complied with and, therefore,

amendment of the bye-laws could not be ordered to.

4. Section 12(4B) of the Kerala Co-operative

Societies Act, 1969, in short ‘the Act’ lays down that if an

application to register an amendment of the bye-laws of a

society is not disposed of within the time specified in

sub-section (4A), the Society may make a representation;

(a). before the Registrar and then, (b). before the

Government.

5. In the case at hand, the Joint Registrar was

approached for registering the amendment of the bye-

laws, under Section 3(2) of the Act. A representation

was given to the Registrar, as Joint Registrar did not

register the amendment of the bye-laws, proposed by

the writ petitioner, Society. The said representation is

also pending with the Registrar.

6. I am not satisfied with the submission of the

learned Government Pleader. In the meanwhile, there is

a complaint also and the same is being enquired into.

Even if there is such a complaint and an enquiry is

W.P.(C).32872/2006

3

being proceeded with, the Registrar has to give a reply

to the writ petitioner, as per Sub-Section (4B) of Section

12 of the Act. The grievance of the writ petitioner is

that no reply had been given and the registration is also

pending.

7. In the above facts situation, I direct the

second respondent, the Registrar of Co-operative

Societies, Kerala, Thiruvananthapuram, to consider

Ext.P6 representation dated 11.9.2006 of the writ

petitioner, Society, and dispose of the same within two

weeks from the date of production of a copy of this

judgment.

The writ petition is disposed of as above.

J.M.JAMES

JUDGE

mrcs