IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN THURSDAY, THE 19TH NOVEMBER 2009 / 28TH KARTHIKA 1931 WP(C).No. 33169 of 2009(M) -------------------------- PETITIONER(S): --------------- K.A.SCARIA, PRESIDENT, PULPALLY LABOUR SERVICE CONTRACT SOCIETY LTD., NO.W.168, PULPALLY, SULTHAN BATHERY, WAYANAD DISTRICT. BY ADV. SRI.S.M.PRASANTH RESPONDENT(S): --------------- 1. STATE OF KERALA, REPRESENTED BY SECRETARY, DEPARTMENT OF CO-OPERATION, GOVT.OF KERALA, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE REGISTRAR OF CO-OPERATIVE SOCIETIES, GOVERNMENT OF KERALA, THIRUVANANTHAPURAM. 3. THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES (GENERAL), GOVT.OF KERALA, KALPETTA, WAYANAD DISTRICT. 4. THE ASST.REGISTRAR OF CO-OPERATIVE SOCIETIES (GENERAL), GOVT.OF KERALA, SULTHAN BATHERY, WAYANAD DISTRICT. SR.GOVT. PLEADER K.C.SANTHOSH KUMAR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 19/11/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.SIRI JAGAN, J. ================== W.P(C).No.33169 of 2009 ================== Dated this the 19th day of November, 2009 J U D G M E N T The petitioner is a co-operative society by name, “Pulpally Labour Service Contract Society Ltd.”. According to the petitioner, the society is eligible to be classified as a B-class society by virtue of Exts.P1 and P2 Government orders. The petitioner applied to the Joint Registrar of Co-operative Societies for reclassification of the society as a B-class society. The same was not favourably considered by the Joint Registrar. The petitioner invoked the provisions of the Right to Information Act and obtained Ext.P5, whereby it has been stated that since the proceedings under Section 32 of the Kerala Co-operative Societies Act are contemplated, it is not possible to consider the petitioner's application for reclassification of the society. The petitioner, therefore, seeks the following reliefs: “i) To declare that the petitioner's society is entitled to B-class classification in terms of Exhibits P1 and P2; ii) To declare that there are no materials or circumstances warranting an action under Section 32 of the Kerala Co-operative Societies Act against the petitioner's society; iii) issue a writ of mandamus or any other appropriate writ, order or direction, commanding the respondents to grant the petitioner's society B-class classification in terms of Exhibit P1 and P2; iv) issue a writ of mandamus or any other appropriate writ, order or direction, forbearing the respondents from resorting to Section 32 of the Co-operative Societies Act against the petitioner's society;” 2 2. The learned Government Pleader contends that the petitioner's remedy lies in filing an appeal under Section 83 of the Kerala Co-operative Societies Act, against Ext.P5. According to the petitioner, Ext.P5 is not an order and, therefore, no appeal would lie. I do not agree. Ext.P5 is a communication whereby the petitioner has been made aware of the order of the Joint Registrar refusing to consider his application for reclassification of the society. The same can be considered as an order refusing the petitioner's request. Therefore, an appeal against Ext.P5 would lie under Section 83 of the Act. As far as other prayers are concerned, the petitioner's remedy lies in challenging proceedings under Section 32 as and when they are initiated. I do not think that it is necessary to pre-empt the authorities from initiating any action or to issue directions in regard to the same at this stage. Therefore, without prejudice that right of the petitioner to challenge Ext.P5 in an appeal under Section 83 of the Act, this writ petition is dismissed. Sd/- sdk+ S.SIRI JAGAN, JUDGE ///True copy/// P.A. to Judge 3