IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN WEDNESDAY, THE 27TH JULY 2011 / 5TH SRAVANA 1933 WP(C).No. 15697 of 2011(J) ---------------------------------------- PETITIONER(S): ------------------------- KODENCHERRY SERVICE CO-OPERATIVE BANK LTD.NO.F.1762, P.O.KODENCHERRY, KOZHIKODE, PIN-673 580, REPRESENTED BY ITS SECRETARY. BY ADVS. SRI.P.P.JACOB, SRI.T.P.GOPAKUMAR. RESPONDENT(S): --------------------------- 1. THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES(G),PUTHIYARA, KOZHIKODE-673 004. 2. THE ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES (G), PUTHIYARA, KOZHIKODE-673 004. 3. SUNNY.K.U, KARIKOMBIL HOUSE, P.O.KODENCHERRY, KOZHIKODE, PIN-673 580. R1 & R2 BY GOVERNMENT PLEADER SRI P.M.MANOJ R3 BY ADV. SRI.N.K.SUBRAMANIAN, SRI.S.ANANTHAKRISHNAN. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 27/07/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.15697/2011 J APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF THE RESOLUTION NO.4 DTD. 22/01/2011 OF THE PETITIONER. P2: COPY OF THE GENERAL BODY NOTICE ISSUED BY THE PETITIONER DTD. 22/01/2011. P3: COPY OF THE NOTIFICATION PUBLISHED IN DESABHIMANI DAILY DTD. 23/01/2011. P4: COPY OF THE PROPOSED BYELAW AMENDMENT DTD. NIL. P5: COPY OF THE AMENDED BYELAW DTD. NIL. P6: COPY OF THE RESOLUTION NO.1 DTD. 2/2/2011 OF THE PETITIONER. P7: COPY OF THE COVERING LETTER ISSUED BY THE PETITIONER TO THE FIRST RESPONDENT DTD. 2/2/2011. P8: COPY OF THE LETTER ISSUED BY THE PETITIONER TO THE FIRST RESPONDENT DTD.2/2/2011. P9: COPY OF THE JUDGMENT IN WPC.2775/11 DTD. 27/01/2011. P10: COPY OF THE STATEMENT FILED BY THE PETITIONER BEFORE THE FIRST RESPONDENT DTD. 10/05/2011. RESPONDENT'S EXHIBITS: R3(A): COPY OF THE RELEVANT PORTIONS OF THE BYELAW. R3(B): COPY OF THE LETTER DTD. 5/04/2011 AND THE REPLY DTD. 4/5/2011. R3(C): COPY OF THE STATEMENT BY THE 3RD RESPONDENT. R3(D): COPY OF THE PETITION DTD. 9/2/2011 BY THE 3RD RESPONDENT AND OTHERS. R3(E): COPY OF THE JUDGMENT DTD. 3/3/2011 IN WPC.NO.5361/2011. R3(F): COPY OF THE LETTER DTD. 24/03/2011 AND THE REPLY DTD. 28/04/2011. /TRUE COPY/ P.S.TO JUDGE Kss P.N.RAVINDRAN, J. ----------------------------------------- W.P(C).No.15697 of 2011 ----------------------------------------- Dated this the 27th July, 2011 JUDGMENT The petitioner is a co-operative society. The bye-laws of the petitioner society were amended by the general body of the bank at its meeting held on 31.1.2011. Thereafter some of the members of the society including the third respondent filed a representation before the Joint Registrar of Co-operative Societies (General), Kozhikode, contending inter alia that the decision taken by the general body at its meeting held on 31.1.2011, more particularly the decision to enhance the share value of A Class members, is not in the best interests of the bank. They thereafter filed W.P(C)No.5316 of 2011 in this Court. By Ext.R3(e) judgment delivered on 3.3.2011 this Court directed the Joint Registrar of Co-operative Societies to consider the grievance voiced by the petitioners in W.P(C)No.5316 of 2011 and take an appropriate decision thereon simultaneous with the decision on the registration of the amendment to the bye-laws. This Court also directed that if the Joint Registrar finds merit and force in the W.P(C).No.15697 of 2011 -:2:- contention of the petitioners in W.P(C)No.5316 of 2011, he shall issue notice to the bank and its office bearers and shall hear them also before taking a decision in the matter. This Court also directed that while taking a decision in the matter, the Joint Registrar of Co-operative Societies shall have due regard to the fact that the challenge by yet another member of the society to the venue of the general body meeting was repelled by this Court by Ext.P9 judgment. This writ petition is filed contending that though the resolution adopted by the General Body along with the request to register the amendment to the bye-laws was received by the Joint Registrar on 2.2.2011, till date, the Joint Registrar has not taken a decision in the matter. In this writ petition the petitioner seeks a direction to the first respondent to take a decision in the matter of registering the amendment to the bye- laws expeditiously. 2. The third respondent has filed a counter affidavit wherein it is inter alia contended that as the Joint Registrar of Co-operative Societies had failed to register the amendment to the bye-laws or to dispose of the application within 90 days from the date of receipt of the application, the petitioner ought to have moved the Government under sub-section (4-B) of section 12 of the Kerala W.P(C).No.15697 of 2011 -:3:- Co-operative Societies Act. It is evident from the materials already on record that the said period has expired. Going by the date of receipt of the application for registering the amendment by the Joint Registrar, the time limit within which the Government should have issued directions, had the petitioner society moved the Government has also expired. I therefore find no reason why the petitioner should be compelled to move the Government before seeking the intervention of this Court. As the law envisages a time limit for the disposal of the application, this Court can very well direct the Joint Registrar of Co-operative Societies to dispose of the application for registration of the amendment expeditiously. I accordingly dispose of the writ petition with a direction to the first respondent to pass orders on the application submitted by the petitioner society to register the amendment to the bye-laws expeditiously and in any event within one month from the date of receipt of a copy of this judgment. Needless to say, the directions in Exts.P9 and R3(e) judgments shall also be complied with. P.N.RAVINDRAN, Judge. ahg. P.N.RAVINDRAN, J. --------------------------- W.P(C).No.15697 of 2011 ---------------------------- JUDGMENT 27th July, 2011