IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN THURSDAY, THE 20TH OCTOBER 2011 / 28TH ASWINA 1933 WP(C).No. 24135 of 2011(N) -------------------------- PETITIONER(S): --------------- MURUNTHAL SERVICE CO-OP. BANK, LTD. NO. 1814, REP. BY PRESIDENT, ANCHALUMOOD, PERINAD P.O., KOLLAM. BY ADV. SRI.P.N.MOHANAN SRI.K.N.AJAYAN SMT.I.VINAYAKUMARI RESPONDENT(S): --------------- JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES (G), KOLLAM-691001. BY GOVT. PLEADER SRI.CYRIAC KURIAN THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 20/10/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) No. 24135/2011 APPENDIX PETITIONER(S) EXHIBITS EXT.P1&P2 TRUE COPIES OF THE NOTICE OF THE GENERAL BODY MEETING WITH THE AMENDMENTS BROUGHT BY THE BANK, PUBLISHED IN THE MATHRUBHUMI DAILY DATED 25/7/2010 AND KERALA KOUMUDI DAILY 24/7/2010. EXT.P3 A TRUE COPY OF THE AMENDMENT SENT TO THE JOINT REGISTRAR WITH NECESSARY CONNECTED DOCUMENTS. EXT.P4 A TRUE COPY OF THE ORDER DATED 20/1/2011 OF THE JOINT REGISTRAR. EXT.P5 A TRUE COPY OF THE COMMUNICATION DATED 29/8/2011 OF THE RESPONDENT. EXT.P6 A TRUE COPY OF THE JUDGEMENT REPORTED IN 2008(4)KLT SN 45 (C.NO.40). RESPONDENTS' EXHIBITS NIL /True Copy/ vps PA to Judge P.N.RAVINDRAN, J. --------------------------- W.P.(C) No. 24135 OF 2011 -------------------------- Dated this the 20th day of October, 2011 J U D G M E N T The petitioner is a co-operative society registered under the Kerala Co-operative Societies Act, 1969 (hereinafter referred to as 'the Act' for short). A special general body meeting of the petitioner society was held on 8.8.2010 for the purpose of considering various amendments to its byelaws. The notice of the general body meeting was published in the Mathrubhoomy daily dated 25.7.2010 and the Kerala Kaumudi daily dated 24.7.2010. All the proposed amendments were approved by the general body of the society unanimously. The Secretary of the petitioner society thereupon forwarded the amendments as approved by the general body to the Joint Registrar of Co-operative Societies (General), Kollam for registration along with Ext.P3 letter dated 31.8.2010. By Ext.P4 letter dated 20.1.2011, the Joint Registrar of Co-operative Societies informed the petitioner that except the amendments to bye laws 5(c),7 and 17 the rest of the amendments have been registered. As regards the amendments to bye-laws 5(c), 7 and 17, the Joint Registrar of Co-operative Societies stated that registration is refused as the amendments are opposed to law. The President of the petitioner society thereupon submitted a petition before the Honourable Minister for Co-operation. By Ext.P5 WPC No.24135/2011 2 letter dated 29.8.2011, the Joint Registrar of Co-operative Societies (General), Kollam informed the President of the petitioner society that there is no provision to review an order refusing to register the amendments to the bye-laws. Hence this writ petition challenging Ext.P4 to the extent it refuses to register the amendments to bye-laws 5(c), 7 and 17. 2. The respondent has been served and has entered appearance through the learned Government Pleader. I heard Sri.P.N.Mohanan, learned counsel appearing for the petitioner and Sri.Cyriac Kurian, learned Government Pleader appearing for the respondent. A reading of Ext.P4 letter indicates that apart from vaguely stating that the amendments to bye-laws 5(c), 7 and 17 are opposed to law, the Joint Registrar of Co-operative Societies has not given any specific reason as to why the amendments to the said bye-laws are opposed to law. Sub section (4) of section 12 of the Kerala Co-operative Societies Act stipulates that “where the Registrar refuses to register an amendment of the bye-laws of a society, he shall communicate the order of refusal, together with the reasons thereof, within seven days of the order of the society”. In the instant case, the Joint Registrar of Co-operative Societies has not chosen to give the reason why the amendments to said bye laws cannot be registered apart from vaguely stating that the WPC No.24135/2011 3 amendments are opposed to law. I am therefore satisfied that Ext.P4 to the extent it declines to register the amendments to bye laws 5(c), 7 and 17 cannot be sustained. I accordingly allow the writ petition, set aside Ext.P4 to the extent it declines to register the amendments to bye-laws 5(c), 7 and 17 and direct the respondent to reconsider the request made by the petitioner society in Ext.P3 letter to register the amendments to bye- laws 5(c), 7 and 17 and pass fresh orders thereon within two weeks from the date of receipt of a certified copy of this judgment. The Joint Registrar of Co-operative Societies shall pass an order giving reasons in support of his conclusions and shall register the amendments if they are in accordance with the provisions of the Kerala Co-operative Societies Act, 1969 and the rules framed thereunder. P.N.RAVINDRAN, (JUDGE) vps