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THE DEVIKULAM TALUK PLANTATION WORKERS versus THE STATE OF KERALA, REPRESENTED BY

High Court of Kerala

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THE DEVIKULAM TALUK PLANTATION WORKERS v. THE STATE OF KERALA, REPRESENTED BY - WP(C) No. 32872 of 2006(L) [2006] RD-KL 3137 (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


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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