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K.P. DAS versus JOINT REGISTRAR OF CO

High Court of Kerala

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K.P. DAS v. JOINT REGISTRAR OF CO-OPERATIVE - OP No. 4350 of 2003(P) [2006] RD-KL 1689 (21 November 2006)

IN THE HIGH COURT OF KERALA AT ERNAKULAM

OP No. 4350 of 2003(P)

1. K.P.DAS, PRESIDENT,
... Petitioner

2. CHANGANACHERRY CO-OPERATIVE URBAN

Vs

1. JOINT REGISTRAR OF CO-OPERATIVE
... Respondent

2. GOVERNMENT OF KERALA,

For Petitioner :SRI.P.RAVINDRAN

For Respondent :GOVERNMENT PLEADER

The Hon'ble MR. Justice KURIAN JOSEPH

Dated :21/11/2006

O R D E R

KURIAN JOSEPH, J.

O.P.No.4350 OF 2003

Dated this the 21th day of November, 2006



J U D G M E N T

Challenge is on Ext.P8 order passed by the 1st respondent. The issue pertains to the steps taken by the 2nd respondent Society for registration of an amendment. According to the Joint Registrar the general body meeting held on a harthal day should have been postponed. For the only reason that the meeting was held on a harthal day, it is not necessary to interfere with the resolution passed by the society. The crucial question is whether there was required forum and whether the decision is against the interest of the society and whether there is any grievance at the instance of the members of the society. Reading Ext.P9 it is fairly clear that no such relevant factors were there in the instant case so as to interfere with the decision taken by the general body meeting of the 2nd petitioner, society. Ext.P8 is accordingly set aside. There will be a direction to the 1st respondent to consider the matter afresh and take appropriate action in the light of the directions contained in Ext.P6 judgment. The writ petition is disposed of as above.

(KURIAN JOSEPH, JUDGE)

ps O.P.No. :2:

KURIAN JOSEPH, J.

O.P.No.4350/2003

JUDGMENT

21th November, 2006


Copyright

Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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