IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN TUESDAY, THE 23RD SEPTEMBER 2008 / 1ST ASWINA 1930 WP(C).No. 26772 of 2008(K) -------------------------- PETITIONER(S): --------------- M.CHANDRAMOHANAN, S/O.RAMANKUTTY GUPTHAN CONVENOR, OTTAPPALAM TALUK RUBBER MARKETING SOCIETY SAMRAKSHANA SAMITHI, KARIMPUZHA.P.O, SREEKRISHNAPURAM, PALAKKAD DISTRICT, PIN-679513. BY ADV. SRI.WILSON URMESE SRI.KURIAKOSE G.THEKKEL RESPONDENTS(S): ---------------- 1. THE JOINT REGISTRAR, CO-OPERATIVE SOCIETIES (GENERAL), PALAKKAD. 2. THE OTTAPPALAM TALUK RUBBER MARKETING CO-OPERATIVE SOCIETY LTD.NO.1027, REPRESENTED BY ITS MANAGING DIRECTOR, KOTTAPPURAM.P.O, SREEKRISHNAPURAM, PALAKKAD DISTRICT. 3. THE ADMINISTRATOR, OTTAPPALAM TALUK RUBBER MARKETING CO-OPERATIVE SOCIETY LTD.NO.1027, KOTTAPPURAM.P.O, SREEKRISHNAPURAM, PALAKKAD DIST. 4. STATE OF KERALA, REPRESENTED BY ITS SECRETARY, CO-OPERATIVE DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. R1, R3, R4 BY GOVT. PELADER SRI.K.C.SANTHOSH KUMAR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 23/09/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: THOTTATHIL B.RADHAKRISHNAN, J. ------------------------------------------- W.P(C).No.26772 OF 2008 ------------------------------------------- Dated this the 23rd day of September, 2008 JUDGMENT The second respondent society is under the control of an Administrator appointed by the first respondent. The 4th respondent, Administrator, has to act under the control, jurisdiction and guidance of the first respondent Joint Registrar. Therefore, if the petitioner has a complaint that the affairs of the society are not being managed in accordance with law and having regard to the best interest of the society and its members, it is necessarily within the domain of the first respondent Joint Registrar to take necessary steps and issue the requisite directions to the third respondent to ensure that merely by appointing an Administrator, a society does not come to stand still and the Administrator has to be in office to see that the affairs of the society are run smoothly and in accordance with law and having regard to the byelaws and the objects sought to be achieved by the registration of a Rubber Marketing Co- operative Society at the Taluk level. WPC.26772/08 Page numbers In the aforesaid circumstances, the first respondent is directed to hear the petitioner and look into the grievances as regards the functioning of the second respondent and also to independently take stock of the manner in which the society is being managed by the third respondent Administrator. Any direction found necessary for the better and proper management of the society will be issued to the third respondent and compliance has also to be secured. Any grievance of the petitioner regarding the release of the funds available to the society from the National Co-operative Development Corporation shall also be properly looked into by the Joint Registrar and action taken, if necessary, to release funds to the society. This writ petition is ordered accordingly, further directing the petitioner to place a copy of this writ petition along with a copy of this judgment before the first respondent for compliance. Sd/- THOTTATHIL B.RADHAKRISHNAN, Judge kkb.