IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN TUESDAY, THE 6TH SEPTEMBER 2011 / 15TH BHADRA 1933 WP(C).No. 24286 of 2011(I) -------------------------- PETITIONER(S): --------------- THE KODENCHERRY SERVICE CO-OPERATIVE BANK LTD.NO.F 1762, P.O.KODENCHERRY, KOZHIKODE, PIN 673580, REPRESENTED BY ITS SECRETARY. BY ADV. SRI.P.P.JACOB RESPONDENT(S): --------------- 1. THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES, (G), PUTHIYARA, KOZHIKODE-673004. 2. THE ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES, (G), PUTHIYARA, KOZHIKODE-673004. 3. STATE OF KERALA REPRESENTED BY SECRETARY TO GOVERNMENT, CO-OPERATION (C) DEPARTMENT, SECRETARIAT,THIRUVANANTHAPURAM, PIN 695001. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 06/09/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) NO.24286/2011 APPENDIX PETITIONER(S) EXHIBITS EXHIBIT-P1:- TRUE PHOTOCOPY OF THE RESOLUTION NO.4 DATED 22.1.2011 OF THE PETITIONER. EXHIBIT-P2:-TRUE PHOTOCOPY OF THE GENERAL BODY NOTICE WITH PAPER NOTIFICATION ISSUED BY THE PETITIONER DATED 22.1.2011. EXHIBIT-P3:-TRUE PHOTOCOPY OF THE PROPOSED BYELAW AMENDMENT DATED NIL. EXHIBIT-P4:- TRUE PHOTOCOPY OF THE RESOLUTION NO.1 DATED 2.2.2011 OF THE PETITIONER. EXHIBIT-P5:- TRUE PHOTOCOPY OF THE COVERING LETTER ISSUEDBY THE PETITIONER TO THE FIRST RESPONDENT DATED 2.2.2011. EXHIBIT-P6:- TRUE PHOTOCOPY OF THE LETTER ISSUED BY THE PETITIONER TO THE FIRST RESPONDENT DATED 2.2.2011. EXHIBIT-P7:-TRUE PHOTOCOPY OF THE AMENDED BYELAW VERIFIED BY SECOND RESPONDENT NIL. EXHIBIT-P8:-TRUE COPY OF THE JUDGMENT IN W.P.(C) 2775/11 DATED 27.1.2011. EXHIBIT-P9:-TRUE PHOTOCOPY OF THE JUDGMENT IN W.P.(C) 5316/11 DATED 3.3.2011. EXHIBIT-P10:-TRUE PHOTOCOPY OF THE JUDGMENT IN W.P.(C) 15697/2011 DATED 27.7.2011. EXHIBIT-P11:- TRUE PHOTOCOPY OF THE ORDER ISSUED BY FIRST RESPONDENT DATED 27.8.2011. RESPONDENT'S EXHIBITS NIL:- TRUE COPY P.A. TO JUDGE tss P.N.RAVINDRAN, J. --------------------------- W.P.(C) No. 24286 OF 2011 -------------------------- Dated this the 6th day of September, 2011 J U D G M E N T Ext.P11 order passed by the first respondent declining to register some of the amendments to the bye-laws of the petitioner society and registering some other amendments is under challenge in this writ petition. Ext.P11 order was passed by the first respondent on 27.8.2011. Under section 83(1)(j) of the Kerala Co-operative Societies Act, an appeal lies from Ext.P11 to the State Government. The period of limitation prescribed for filing the appeal is 60 days from the date of the order. The period of limitation has not expired. I am therefore of the opinion that the petitioner should challenge Ext.P11 in appeal before the Government instead of seeking the intervention of this Court at this stage. I accordingly dispose of the writ petition with a direction that in the event of the petitioner filing an appeal before the State Government within two weeks from today, the Government shall consider the same and pass appropriate orders thereon expeditiously and in any event within two months from the date on which such an appeal is filed. It will be open to the petitioner to move the Government for appropriate interim orders. P.N.RAVINDRAN, (JUDGE) vps WPC No./2011 2