IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN WEDNESDAY, THE 15TH JUNE 2011 / 25TH JYAISHTA 1933 WP(C).No. 2903 of 2011(K) ------------------------- PETITIONER(S): --------------- THE KODUNGALLOOR PORT(MUNAMBAM) MANUAL, DREDGING WORKERS CO-OPERATIVE SOCIETY, "SAGARASREE", MUMABAM, ERNAKULAM DISTRICT, REPRESENTED BY ITS CHIEF PROMOTER,P.P.GIREESH. BY ADV. SRI.AUGUSTINE JOSEPH RESPONDENT(S): --------------- 1. THE JOINT REGISTRAR, CO-OPERATIVE SOCIETIES, ERNAKULAM. 2. THE ASSISTANT REGISTRAR, CO-OPERATIVE SOCIETIES, FORT KOCHI, ERNAKULAM. 3. THE PORT CONSERVATOR, KODUNGALLOOR/ MUNAMBAM PORT OFFICE, AZHIKODE JETTY.P.O., THRISSUR. 4. STATE OF KERALA, REPRESENTED BY THE SECRETARY, FISHERIES AND PORTS DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. GOVERNMENT PLEADER SRI.P.M.MANOJ THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 15/06/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: dmb WP(C).No. 2903 of 2011 APPENDIX PETITIONER'S EXHIBITS:- P1:- COPY OF THE MINUTES OF THE FIRST GENERAL BODY MEETING OF THE PETITIONER. P2:- COPY OF THE APPLICATION DATED 13.10.2010 P3:- COPY OF THE PERMIT DATED 7.12.2010 P4:- COPY OF THE LETTER DATED 22.12.2010 P5:- COPY OF THE LETTER DATED 14.2.2011 FROM THE 1ST RESPONDENT P6:- COPY OF THE APPEAL DATED 23.03.2011 FILED BEFORE THE GOVERNEMNT RESPONDENTS' EXHIBITS:- R1(a):- COPY OF THE MINUTES OF THE PRELIMINARY MEETING OF THE MGM MANAL VARAL THOZHILALI CO-OPERATIVE SOCIETY DATED 10.05.2010 R1(b):-COPY OF THE ORDER GRANTING PERMISSION TO COLLECT INITIAL SHARE CAPITAL DATED 14.09.2010 R1(c):- COPY OF THE DEPOSIT RECEIPT NO.228354 DATED 25.09.2010 OF THE ERNAKULAM DIST. CO-OPERATIVE BANK, MUNAMBAM BRANCH R1(d):-COPY OF THE CATEGORIXATION ORDER DATED 13.01.2011 R1(e):- COPY OF THE REGISTRATION CERTIFICATE ISSUED TO THE MGM MANAL VARAL THOZHILALI CO-OPERATIVE SOCIETY R1(f):- COPY OF THE LETTER NO.O 5016/10 DATED 14.02.2011 //TRUE COPY// P.A TO JUDGE P.N.RAVINDRAN, J. ---------------------------------- W.P.(C)No.2903 OF 2011 --------------------------------------------- Dated this the 15th day of June, 2011 J U D G M E N T The promoters of the petitioner society sought registration of the petitioner as a co-operative society under sections 6 and 7 of the Kerala Co-operative Societies Act, 1969 by submitting Ext.P2 application. This writ petition was filed on 27.01.2011 for an order directing respondents 1 and 2 to consider Ext.P2 application for registration and to register the proposed society under the provisions of the Kerala Co-operative Societies Act, 1969, within a time limit to be fixed by this Court. After the writ petition was filed, by Ext.P5 order dated 14.2.2011 produced along with I.A.No.5789 of 2011, the Joint Registrar of Co-operative Societies (General), Ernakulam informed the petitioner that Ext.P2 application for registration cannot be considered for the reasons stated therein. Aggrieved thereby, the petitioner has filed Ext.P6 appeal before the State Government under section 83 (1) (j) of the Act. 2. When the writ petition was came up for hearing today, Sri.Augustine Joseph, learned counsel appearing for the petitioner W.P.(C)No. 2903 of 2011 2 submitted that in view of the subsequent events as the application for registration has been declined and the matter is pending in appeal before the Government, this writ petition may be disposed with a direction to the State Government to consider Ext.P6 appeal and pass orders thereon after affording the petitioner an opportunity of being heard. The learned Government Pleader appearing for the respondents submitted on instructions that Ext.P6 appeal has been received and is pending and that Government will consider the same and pass appropriate orders thereon. 3. I accordingly dispose of the writ petition with a direction to the State of Kerala to consider Ext.P6 appeal produced along with I.A.No.5789 of 2011 and pass orders thereon expeditiously, and in any event, within four months from the date on which the petitioner produces a certified copy of this judgment, after affording the petitioner an opportunity of being heard. The Government shall, after orders are passed, communicate a copy thereof to the appellant in Ext.P6 appeal. P.N.RAVINDRAN, JUDGE dmb