IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN MONDAY, THE 28TH NOVEMBER 2011 / 7TH AGRAHAYANA 1933 WP(C).No. 30684 of 2011(I) --------------------------------------- PETITIONER(S): ---------------------- KERALA AGRICULTURAL UNIVERSITY CO-OPERATIVE SOCIETY LTD,NO.162,MANNUTHY, THRISSUR,REPRESENTED BY ITS SECRETARY. BY ADVS. SRI.K.C.SANTHOSHKUMAR SMT.K.K.CHANDRALEKHA RESPONDENT(S): -------------------------- 1. THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES OFFICE OF THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES,THRISSUR-680001. 2. STATE OF KERALA,REPRESENTED BY SECRETARY TO THE GOVERNMENT,CO-OPERATIVE DEPARTMENT, GOVERNMENT OF KERALA,THIRUVANANTHAPURAM-695001. 3. REGISTRAR OF CO-OPERATIVE SOCIETIES, THIRUVANANTHAPURAM-695001. R1 TO R3 BY GOVT.PLEADER SRI.G.GOPAKUMAR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 28/11/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: JM WPC NO.30684/2011 APPENDIX PETITIONERS EXHIBITS: P1: COPY OF RESOLUTION SEEKING EMENDMENT OF THE BYELAW P2: COPY OF REJECTION ORDER DT. 28.10.11 P3: COPY OF APPEAL MEMORANDUM RESPONDENTS EXHIBITS: NIL /TRUE COPY/ PA TO JUDGE JM P.N.RAVINDRAN, J. ---------------------------------------------- WP (C) No. 30684 of 2011 ----------------------------------------------- Dated this the 28th day of November, 2011 JUDGMENT The petitioner is a co-operative society registered under the Kerala Co-operative Societies Act, 1969, herein after referred to the Act for short. The general body of the petitioner society that met on 14.6.2011 resolved to amend bye law 1, bye law 3 A bye law 14(1) and bye law 32(3) and to incorporate bye law 47. The resolution adopted by the general body was forwarded to the Joint Registrar of Co-operative Societies (General), Thrissur for registration. By Ext.P2 order dated 28.10.2011, the Joint Registrar declined to register the amendment to bye law 1 and bye law 3 A. The rest of the amendments were registered with effect from 28.10.2011. Aggrieved by Ext.P2 to the extent it declined to register the amendments to bye laws 1 and 3A, the petitioner society filed Ext.P3 appeal before the Registrar of Co-operative Societies on 5.11.2011. This writ petition is filed mainly seeking a direction to the Registrar of Co-operative Societies, the third respondent herein, to dispose of Ext.P3 appeal within a time limit to be fixed WP(C)No. 30684 of 2011 -2- by this court. The petitioner has also prayed for an order directing the first respondent to keep Ext.P2 in abeyance till the appeal is heard and disposed of. 2. Ext.P2 is an order passed by the Joint Registrar of Co- operative Societies in exercise of the powers confirmed under section 12 of the Act. By the said order the Joint Registrar of Co- operative Societies declined to register the amendment to bye laws 1 and 3 A of the petitioner society. By virtue of the notification dated 28.6.1969 the State Government has conferred on the Joint Registrar of Co-operative Societies all the powers exercisable by the Registrar of Co-operative Societies under the Act. On the terms of section 12, the Registrar of Co- operative Societies himself was bound to consider the application for registration of the amendment. It was by virtue of the aforesaid notification that the Joint Registrar exercises the power of the Registrar. The Joint Registrar was therefore acting as the Registrar of Co-operative Societies when he passed Ext.P2 order. Such being the situation I am of the opinion that any appeal challenging Ext.P2 will lie only to the State Government. In such circumstances I am of the opinion that the Registrar of Co-operative Societies cannot entertain Ext.P3 or pass orders WP(C)No. 30684 of 2011 -3- thereon. However having regard to the fact that Ext.P2 order was passed only on 28.10.2011 and the period of limitation prescribed for filing an appeal before the Government namely 60 days from the date of the order has not yet expired, I am of the opinion that the petitioner should move the Government by filing an appeal instead of seeking a direction to the Registrar of Co- operative Societies to either dispose of Ext.P3 himself or to forward it to the Government. I therefore find no reason to grant the reliefs prayed for. The writ petition is accordingly dismissed with the observation that it will be open to the petitioner to challenge Ext.P2 by filing an appropriate appeal before the State Government, within the period of limitation prescribed, namely 60 days from the date of Ext.P2. In the event of such an appeal being filed, the Government shall consider the same and pass appropriate orders thereon expeditiously and in any event within three months from the date on which the memorandum of appeal is presented. Sd/- P.N.RAVINDRAN, JUDGE. Rkc //True Copy// PA to Judge