IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN THURSDAY, THE 7TH JANUARY 2010 / 17TH POUSHA 1931 WP(C).No. 36632 of 2009(Y) -------------------------------------- PETITIONER(S): ---------------------- R. SREEDHARAN NAIR, AGED 62 YEARS, S/O. RAGHAVAN NAIR, SREERAGAM, VENGAVILA, NEDUMANGAD, THIRUVANANTHAPURAM. BY ADV. MR.K.SATHEESH KUMAR, MR.P.P.BIJU. RESPONDENT(S): ------------------------- 1. THE REGISTRAR OF CO-OP. SOCIETIES, THIRUVANANTHAPURAM. 2. THE ASSISTANT REGISTRAR OF CO.OP. SOCIETIES, NEDUMANGAD. 3. THE JOINT REGISTRAR OF CO.OP. SOCIETIES, THIRUVANANTHAPURAM. 4. RAVINDRANATHAKURUP, CHIEF PROMOTER, VENGAVILA NAVA BHAVANA RESIDENTS ASSOCIATION WELFARE CO.OP. SOCIETY LTD., T.1698, NEDUMANGAD, THIRUVANANTHAPURAM, PAZHAKUTTY P.O. R1 TO R3 BY GOVERNMENT PLEADER MR.K.C. SANTHOSHKUMAR. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 07/01/2010,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: rs. P.N.RAVINDRAN, J. --------------------------------------- W.P.(C)No.36632 of 2009 ---------------------------------------- Dated 7th January, 2010 JUDGMENT The petitioner is the treasurer of Vengavila Navabhavana Residents Association, Nedumangad. The fourth respondent is the Chief Promoter of the Vengavila Navabhavana Residents Association Welfare Co-operative Society Ltd., Nedumangad. The petitioner had earlier filed W.P.(C)No.20143 of 2009 in this Court for a direction to the Assistant Registrar of Co-operative Societies, Nedumangad to convene the first general body of the Vengavila Navabhavana Residents Association Welfare Co-operative Society Ltd., Nedumangad. By Ext.P1 judgment delivered on 17.7.2009 this Court directed the Assistant Registrar of Co-operative Societies, Nedumangad to take action on the request in that regard if any filed by the petitioner. It appears, later a meeting was held and a Co-operative Society under the name and style `Vengavila Navabhavana Residents Association Welfare Co-operative Society Ltd.' was registered. The petitioner thereupon sent Ext.P2 letter dated 18.3.2009 to the Assistant Registrar of Co-operative Societies, Nedumangad requesting him to cancel the registration of the said society. This writ petition was thereafter filed on 17.12.2009 seeking a direction to the Assistant WP(C).No.36632/2009 2 Registrar of Co-oprative Societies, Nedumangad to consider Ext.P2 and to cancel the registration of the Vengavila Navabhavana Residents Association Welfare Co-operative Society Ltd. 2. The petitioner does not dispute the fact that a Co- operative Society under the name and style “Vengavila Navabhavana Residents' Association Welfare Co-operative Soceity Ltd.” has been formed and registered. The case set out by the petitioner in Ext.P2 representation is that as the residents' association of which he is the treasurer bears the name Vengavila Navabhavana Residents Association, a Co-operative Society under the name and style Vengavila Navabhavana Residents Association Welfare Co-operative Society Ltd. cannot be formed. The petitioner has not been able to point out any provision in the Kerala Co-operative Societies Act, 1969 or the rules framed thereunder which prohibits the formation and registration of a Co-operative Society under the name and style Vengavila Navabhavana Residents Association Welfare Co-operative Society Ltd. In such circumstances, as the petitioner has no right, statutory or otherwise, to seek an alteration of the name of the Co- operative society of which the fourth respondent was the Chief Promoter, I am of the considered opinion that the second respondent has no statutory duty to consider Ext.P2 and pass orders thereon. WP(C).No.36632/2009 3 I therefore, find no grounds to entertain this writ petition. The writ petition fails and is dismissed in limine. P.N.RAVINDRAN Judge TKS