IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC FRIDAY, THE 19TH JUNE 2009 / 29TH JYAISHTA 1931 WP(C).No. 16832 of 2009(Y) -------------------------- PETITIONER(S): --------------- 1. VELLARI GOPALAN, S/O. KELAPPAN, AGED 43 YEARS, COOLIE, KUMMANKODE AMSOM, VARIKKOLI DESOM, VATAKARA TALUK, KOZHIKODE DISTRICT. 2. ASHOKAH, S/O. KANNAN, AGED 40 YEARS, COOLIE, PARAPPURATH HOUSE, KAKKAMVELLI, KUMMANKODE AMSOM, VARIKKOLI DESOM, POST NADAPURAM, VATAKARA TALUK, KOZHIKODE DISTRICT. BY ADV. SRI.B.KRISHNAN SRI.R.PARTHASARATHY RESPONDENT(S): --------------- 1. NADAPURAM CO-OPERATIVE URBAN BANK LTD. NO.D.2648, WITH ADDRESS FOR SERVICE GENERAL MANAGER, NADAPURAM CO-OPERATIVE URBAN BANK LTD. NO.D.2648, POST NADAPURAM, VATAKARA TALUK, KOZHIKODE DISTRICT. 2. BOARD OF DIRECTORS, NADAPURAM CO-OPERATIVE URBAN BANK LTD. NO.D.2648, WITH ADDRESS FOR SERVICE CHAIRMAN, NADAPURAM CO-OPERATIVE URBAN BANK LTD.NO.D.2648, POST NADAPURAM, VATAKARA TALUK, KOZHIKODE DISTRICT. 3. ABDUL ASEEZ, DIRECTOR, NADAPURAM CO-OPERATIVE URBAN BANK LTD.NO.D.2648, POST NADAPURAM, VATAKARA TALUK, KOZHIKODE DISTRICT, AREEKARA HOUSE, POST ADUKKATH, KUTTIADI. 4. ASSISTANT REGISTRAR, OFFICE OF THE ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES (GENERAL), VATAKARA. 5. JOINT REGISTRAR, OFFICE OF THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES (GENERAL), KOZHIKODE. 6. STATE OF KERALA - WITH ADDRESS FOR SERVICE - SECRETARY, CO-OPERATIVE DEPARTMENT, TRIVANDRUM. BY GOVT. PLEADER SRI. K.C. SANTHOSHKUMAR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 19/06/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC,J. --------------------- W.P.(C).No.16832 OF 2009 ------------------------ Dated this the 19th day of June, 2009. JUDGMENT The prayer sought for in this writ petition is to direct the 5th respondent to consider Exts.P6,P8 and P9 before the Returning Officer is appointed or election is conducted on 8th August, 2009 to the Managing Committee of the first respondent Society. 2. Even according to the petitioner, Exts.P1 and P2 applications for membership were made on 28.5.2009. It is stated that these applications were not considered. Therefore the 3rd respondent was moved by filing Ext.P5 and the 5th respondent by filing Exts.P6,P8 and P9. It is seeking orders for the consideration of the aforesaid representations, the writ petition is filed. 3. Going by Section 16(2) of KCS Act, the Society is to consider an application for membership within 2 months of WP(c).No.16832/09 2 its receipt and if only it fails to consider the application within the said period the Registrar get jurisdiction in the matter. In this case, admittedly the statutorily permitted period of 2 months for the society to consider the application has not expired so far. In such situation, the power of the Registrar cannot be exercised at this stage. Such being the case, this court will not be justified in directing the Registrar or his subordinates to consider the representations. Without prejudice to the contentions the writ petition is closed. (ANTONY DOMINIC) JUDGE vi/ WP(c).No.16832/09 3