IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN MONDAY, THE 28TH NOVEMBER 2011 / 7TH AGRAHAYANA 1933 WP(C).No. 31197 of 2011(Y) -------------------------------------- PETITIONER(S): ------------------------ V.P.NISHAD, CHIEF PROMOTER, PROPOSED COSTAL MANUAL DREDGING, PROCESSING AND MARKETING WORKERS CO-OPERATIVE SOCIETY, VELIYANCODE P.O., PONNANI, MALAPPURAM - 679 579. BY ADVS. SRI.V.G.ARUN SRI.T.R.HARIKUMAR RESPONDENT(S): ------------------------- 1. THE REGISTRAR OF CO-OPERATIVE SOCIETIES, THIRUVANANTHAPURAM - 695 001. 2. THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES (GENERAL), CIVIL STATION, MALAPPURAM - 676 505. 3. THE ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES (GENERAL), OFFICE OF THE ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES, PONNANI, MALAPPURAM - 679 571. BY GOVERNMENT PLEADER SRI. G. GOPAKUMAR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 28/11/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: VPV WPCNO.31197/2011 APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE MINUTES OF THE MEETING DATED 04.10.2011 REGARDING THE FORMATION OF THE SOCIETY ALONG WITH LIST OF MEMBERS. EXT.P2: COPY OF THE PROPOSED BYE-LAW OF THE SOCIETY. EXT.P3: COPY OF THE APPLICATION SUBMITTED BY THE PETITIONER DATED 4.10.2011. EXT.P4: COPY OF THE LETTER DATED 19.10.2011 FORWARDED BY THE THIRD RESPONDENT TO THE SECOND RESPONDENT. RESPONDENT'S EXHIBITS: NIL /TRUE COPY/ P.A. TO JUDGE VPV P.N.RAVINDRAN, J. ---------------------------------------------- WP (C) No. 31197 of 2011 ----------------------------------------------- Dated this the 28th day of November, 2011 JUDGMENT The petitioner is the chief promoter of a proposed co- operative society. The members of the proposed society including the petitioner, its promoter, met on 4.10.2011 and formed the society. A set of bye laws were also approved. Thereupon the original of Ext.P3 application was submitted before the Joint Registrar of Co-operative Societies (General), Malappuram seeking registration of the society under the Kerala Co-operative Societies Act, 1969. The said application was submitted on 14.10.2011. Two weeks later, the Assistant Registrar of Co-operative societies before whom the original of Ext.P3 was submitted forwarded it to the Joint Registrar along with Ext.P4 letter dated 19.10.2010. This writ petition is filed seeking a direction to the respondents to consider Ext.P3 application having regard to its priority based on the date on which the application seeking registration is filed. 2. When the writ petition came up for hearing today, Sri.G.Gopakumar, the learned Government Pleader appearing WP(C)No. 31197 of 2011 -2- for the respondents submitted on instructions that Ext.P3 application will be taken up and disposed of having regard to its priority namely, having regard to the date on which it was presented. 3. Ext.P4 discloses that the original of Ext.P3 was forwarded by the Assistant Registrar of Co-operative Societies, Ponnani to the Joint Registrar of Co-operative Societies (General), Malappuram on 19.10.2010. Sub section(3) of section 7 of the Act stipulates that an application for registration of a society shall be disposed of by the Registrar within 90 days from the date of receipt of the application. Sub section (4) of section 7 stipulates that where an application for registration of a society is not disposed of within the time limit specified in subsection (3), the applicant may make a representation before the Registrar, if the application for registration is made to a person on whom the powers of the Registrar is conferred under subsection (2) of section 3 or before the Government if the application for registration is made before the Registrar. It is also stipulated that in such an event the Registrar or the Government as the case may be shall within 60 days from the date of receipt of the representation, issue directions, to the WP(C)No. 31197 of 2011 -3- authority concerned to take an appropriate decision on the application for registration and thereupon the authority concerned shall comply with such direction. In such circumstances, I dispose of the writ petition with a direction to the Joint Registrar of Co-operative Societies (General), Malappuram to take an appropriate decision on Ext.P3 application, expeditiously and in any event within the time limit of 90 days stipulated in subsection (3) of section 3 namely 90 days from the date on which the original of Ext.P3 was received by him from the Assistant Registrar of Co-operative Societies (General), Ponnani. Sd/- P.N.RAVINDRAN, JUDGE. Rkc //True copy// PA to Judge