IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN WEDNESDAY, THE 24TH MARCH 2010 / 3RD CHAITHRA 1932 WP(C).No. 9873 of 2010(H) --------------------------------------- PETITIONER(S): ------------------------- KERALA GOVERNMENT SECRETARIAT STAFF HOUSING CO-OPERATIVE SOCIETY LTD.NO.T.732, THIRUVANANTHAPURAM, REPRESENTED BY ITS SECRETARY. BY ADV. MR.D.SOMASUNDARAM RESPONDENT(S): ---------------------------- 1. JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES (GENERAL), THIRUVANANTHAPURAM. 2. ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES (GENERAL), THIRUVANANTHAPURAM. 3. GOVERNMENT SECRETARIAT STAFF CO- OPERATIVE SOCIETY LTD.NO.2620, THIRUVANANTHAPURAM, REPRESENTED BY ITS SECRETARY. 4. REGISTRAR OF CO-OPERATIVE SOCIETIES, THIRUVANANTHAPURAM. R1 TO R4 BY SR. GOVERNMENT PLEADER MR. K.C. SANTHOSH KUMAR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 24/03/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss K.SURENDRA MOHAN, J. ------------------------------------------- W.P.(C) No.9873 of 2010 ------------------------------------------- Dated this the 24th day of March, 2010 JUDGMENT The petitioner is a Housing Co-operative Society and the third respondent is a Credit Society. Both the Societies are functioning in the same campus of the Secretariat without any violation of the Act for the reason that the objects of both the Societies are different and they are two different types. The allegation of the petitioner is that, in violation of the law amendments to the bye-laws have been passed by the third respondent Society making provision for the issue of housing loans to its members. According to the petitioner, the amendments are violative of the Act and Rules. Therefore, the petitioner has objected to the said amendments by submitting Ext.P5 before the first respondent. The amendments are required to be registered before the first respondent as per law. Therefore, the petitioner submits that the first respondent is bound to consider the objections of the petitioner also before deciding whether to register the amendments of wpc No.9873/2010 2 the third respondent Society or not. He seeks the issue of appropriate directions to the first respondent for the above purpose. In the light of the above submissions, this Writ Petition itself can be disposed of directing the objections of the petitioner also to be considered by the first respondent. 2. This Writ Petition is accordingly disposed of directing the first respondent to consider the objections of the petitioner to the amendments passed by the third respondent Society to its bye laws, evidenced herein by Ext.P5 while considering whether to register the said amendments or not. The first respondent is further directed to afford an opportunity of being heard to the petitioner and the third respondent before taking a final decision, as above. K.SURENDRA MOHAN, JUDGE css/